The Social Court 3 of Barcelona has issued the first sentence that recognizes as occupational disease the contagion of coronavirus of a worker from a nursing home, reports the Col·lectiu Ronda in a statement this Wednesday.
The ruling, consulted by Europa Press, estimates the lawsuit filed by the woman against Social Security and the company for which he worked, and states that sick leave should be considered occupational disease and not common disease.
The woman was on leave due to covid-19 between March 29 and May 1, 2020, in the same nursing home there were nine positives of coronavirus in less than a week and the mutual refused to consider his case as an occupational disease.
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The judge explains that the regulations on the matter created as a result of the state of alarm was not in force when the woman became illand recalls that the previous regulations already included the occupational origin of infectious diseases of “non-health personnel, workers in healthcare centers or caring for the sick”.
Given the possibility that the woman was infected outside of work, the judge remarked that “the plaintiff worked in a job with a clear exposure to the coronavirusas well as that for a few days there were several infections of workers at the center “and affirms that the company did not take sufficient preventive measures and recalls that months later it was intervened by the Generalitat.
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