Is It a Work Accident if I Fall at Home While Teleworking?

Work Accident if I Fall at Home While Teleworking?

Teleworking is here to stay, and with it, new legal questions have arisen. One of the most frequent is whether accidents that occur at the employee's home during working hours are considered work accidents. This issue is not trivial: fundamental employee rights and company legal responsibilities depend on it. Below, we analyze the legal framework, the most relevant case law, and the practical implications for employees and companies, with concrete examples and tips for staying protected.

Legal Framework: Presumption of Work-Relatedness

The General Social Security Law (LGSS), in its article 156.3, establishes that any injury suffered on the occasion of or as a consequence of work is presumed to be a work accident, unless proven otherwise. This presumption is the starting point for accidents occurring during teleworking, but in practice, challenges arise in determining what is considered “working time” and “workplace” when the workday takes place at the employee's home.

Law 10/2021, of July 9, on remote work, recognizes teleworking as a valid labor modality, but it does not go into detail about accidents, so the LGSS applies subsidiarily. This leaves room for judicial interpretation and has led to rulings with different outcomes, depending on the circumstances of the accident.

Relevant Case Law: Successes and Contradictions

Recent court decisions illustrate the complexity of this issue. For example, the Social Court No. 3 of Santander, in its ruling of April 3, 2023, recognized as a work accident the fall of a teleworker at home while taking a short break to get some water, during which they cut themselves on a glass door. The court applied the presumption of work-relatedness from article 156.3 of the LGSS, highlighting that if the accident had occurred at the company, no one would have doubted its classification as a work accident. The key factor was that the worker was on working time and in their designated work area.

In contrast, the Madrid High Court of Justice, ruling of March 27, 2024 (appeal 529/2023), did not consider a heart attack suffered by a teleworking employee at home as a work accident, because it was not proven that the event was directly related to work tasks or occurred during the effective working hours. Here, the lack of evidence connecting the event to work activity was decisive.

In another decision, the Castilla y León High Court of Justice, ruling of June 4, 2025, did classify as a work accident a fatal heart attack suffered by a Telefónica employee during COVID-19 confinement. The court considered that the accident occurred during working hours and in a space designated for work, even though the symptoms manifested the night before. This ruling underscores that the presumption of work-relatedness remains strong, though each case must be analyzed individually.

These decisions clearly show that case law can be divergent, depending on how the connection between work activity and the accident is interpreted. Therefore, it is crucial to know the elements that must be proven.

How to Prove That a Home Accident Is Work-Related

For an accident at home to be considered work-related, the employee must prove two elements: that it occurred during working time and in the workplace.

Working Time

The employee must demonstrate that the accident happened during their workday or while performing work-related tasks. This can be achieved through digital time records, emails, chats, documents worked on, or even testimonies from colleagues or family members confirming work activity at that time. Clear documentation of the workday and breaks is essential, as the company only needs to prove otherwise if it tries to show that it is not a work accident.

Workplace

In teleworking, the “workplace” is the area of the home designated for work tasks: desk, ergonomic chair, computer, and office materials. Accidents outside this area are only considered work-related if they occur during reasonable and necessary activities, such as getting water or going to the bathroom during a short work break, as reflected in the Santander 2023 ruling.

Who Bears the Burden of Proof

The legal presumption in article 156.3 LGSS establishes that any accident occurring during working time and in the workplace is considered work-related unless proven otherwise. This means:

- The employee must provide clear evidence that the accident occurred during working hours and in the work area.

- The company or Social Security must prove that the accident was not related to work activity, for example, if it occurred outside working hours or during personal activities not linked to work.

Practical Tips

For employees:

- Keep a detailed record of work hours, breaks, and tasks performed.

- Establish a fixed and safe workspace.

- Immediately inform the company of any accident, documenting it in writing.

- Document the location of the accident and, if possible, evidence that it was a work area.

For companies:

- Assess telework risks and provide specific training.

- Maintain constant communication with teleworkers about their work environment.

- Ensure preventive measures are in place and that employees know how to report accidents.

Conclusion

Whether an accident that occurs at home during teleworking is considered a work accident depends on multiple factors: working time, workplace, the activity performed, and the documentation available. Spanish case