A Barcelona court has recognized the contagion of coronavirus from a nursing home worker as an occupational disease. According to the Collectiu Ronda, which represents the employee, this is the first sentence that admits the labor origin of COVID-19 in residences.
The magistrate of the social court 3 of Barcelona estimates the lawsuit that the woman filed against Social Security and the company Eulen, a multinational that manages the Bertran i Oriola residence in Barceloneta and that accumulated several complaints from relatives for their management of COVID -19 in the centers.
The judge concludes that sick leave due to COVID-19 should be considered an occupational disease and not a common disease, as Social Security had originally established.
The woman was on leave for COVID-19 between March 29 and May 1, 2020, and in the same nursing home there were nine positives for coronavirus in less than a week but the mutual rejected considers her case as an occupational disease.
The judge explains that the regulations on the matter created as a result of the state of alarm were not in force when the woman fell ill, and recalls that the previous regulations already included the occupational origin of infectious diseases of “non-health personnel, workers in health centers or caring for the sick. ”
Faced with the possibility that the woman could be infected outside of work, the judge remarks that “the plaintiff worked in a job with a clear exposure to the coronavirus, as well as that for a very 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.