The TSJM recognizes the death of a union delegate due to Covid as a work accident

The Superior Court of Justice of the Community of Madrid (TSJM) has issued a ruling in which it recognizes that the infection of a CSIF delegate from the Francisco de Vitoria Nursing Home, belonging to the Madrid Agency for Social Care (AMAS), It was a work accident that occurred in the performance of his work as a union representative at said residence.

Oliver Thansan
Oliver Thansan
18 April 2024 Thursday 17:05
3 Reads
The TSJM recognizes the death of a union delegate due to Covid as a work accident

The Superior Court of Justice of the Community of Madrid (TSJM) has issued a ruling in which it recognizes that the infection of a CSIF delegate from the Francisco de Vitoria Nursing Home, belonging to the Madrid Agency for Social Care (AMAS), It was a work accident that occurred in the performance of his work as a union representative at said residence.

As reported by the union, the worker, who went to that center daily, was infected with Covid in the first wave of the pandemic and on March 16, 2020 he had to take sick leave due to his delicate state of health. Finally, on March 29, this worker at the Francisco de Vitoria Residence died.

At first, the National Social Security Institute (INSS) decided that this leave was due to a common illness, not professional contingencies.

CSIF appealed this ruling in 2023, considering that adequate measures were not taken at the Francisco de Vitoria Residence to combat transmission, while denouncing both the INSS and the General Treasury of Social Security (TGSS), as well as the Madrid Social Care Agency is ultimately responsible for providing the means to prevent infections in the center.

The union emphasizes that in March 2020, the AMAS recommendations to prevent Covid consisted only of hygienic hand washing, even discouraging the general use of the mask.

CSIF has shown its satisfaction with the ruling of the TSJM, which states that the leave of absence of the CSIF delegate on March 16, 2020 until his death was due to a work accident and not a common illness.