A court recognizes as a work accident the anxiety of a worker due to a labor conflict


Anxiety as a work accident. A Social Court of Bilbao has issued a ruling recognizing that the period of sick leave due to an anxious adjustment disorder suffered by a worker from the company Multiservicios Aeroportuarios SA (MASA) is a work accident, the agency reports Europa Press. The ruling maintains that the damage to the worker's health derives from a labor dispute in the company, which works as a subcontractor in cleaning tasks for various airlines at the Bilbao Airport.


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As reported by CCOO Euskadi in a statement, the worker has been on sick leave for more than a year, between September 2019 and November 2020.

The ruling, as highlighted by the union, takes into account that the Labor Inspectorate "was able to verify in its day" the existence of the aforementioned labor conflict.

The very conclusion of the Labor Inspection, the numerous judicial processes that have taken place in relation to this case and the need for a harassment protocol to have been opened within the company itself at the request of the worker, are precedents so that the sentence establishes that "there is a pathological process derived from a professional etiology", as there is "a direct relationship between the previous conflict, the work performed by the plaintiff and therefore her process of temporary disability", the union stressed.

Psychosocial risks on the rise

The head of occupational health at the CCOO of Euskadi, Alfonso Ríos, has considered it necessary for companies to "take extreme measures to prevent psychosocial risks, particularly those related to the equitable distribution of workloads, prior planning of tasks and effective communication in relation to all of this. "

The union has warned that these psychosocial risks are increasing due to the COVID-19 pandemic.

Anxiety and depression are the mental health problems with the highest prevalence in Spain. 6.7% of those over 15 years of age suffer from them, according to data from the National Health Survey ENSE, of 2017. But the pandemic has made these diseases much worse, warn the specialists, who see attention spilling over into weakened public services.

It is difficult to estimate the number of such disorders that are due to work. On many occasions, despite this being the main origin, it is complex to recognize the employment relationship, which is why this sentence is relevant.

Of what there is evidence, Albert Navarro, doctor in Public Health, pointed out to elDiario.es a few months ago, is that some work practices greatly increase the risk of suffering from health problems. If you work at 'high tension', coronary heart disease can be 34% more frequent, cerebral infarction, 24%, and suffering from anxiety and depression is 82% more frequent, picks up a study by the research group coordinated by Navarro , the POWAH of the University of Barcelona, together with ISTAS-CCOO.

CCOO also demands that there be "greater coordination" between main companies and subcontractors in the prevention of psychosocial risks, since in the present case Multiservicios Aeroportuarios SA is a subcontractor that operates in the airport field and "all companies would be affected by the responsibility of protect the health of people in the workplace ".

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