Spanje: Electrohypersensitivity finally considered a work-related accident
dinsdag, 08 januari 2019 - Categorie: Juridische Informatie
“A judge recognises the occupational nature –work accident– of an employee’s temporary disabilities derived from electrohypersensitivity”
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Zaragoza, 8 January 2019. A ruling recently issued by the Juzgado de lo Social (Labour Court) No. 1 of Zaragoza, Spain, established that the sole and exclusive cause of the electrohypersensitivity suffered by an Endesa employee was his work activity. The occupational nature of the temporary disabilities granted to this employee since 2014 is therefore ascertained and said temporary disabilities are to be considered work-related accidents. Ruling 203/2018
The aforementioned ruling was ratified by the High Court of Justice of Aragon. Ruling 691/2018
It is the first time that a Spanish judge recognises the occupational nature -work accident- of an employee’s temporary disabilities derived from electrohypersensitivity.
The JIMENEZ-MAINAR&ROSEL S.L. law firm from Zaragoza handled the case.
This Senior Systems and Telecommunications Technician is an Endesa-Enel-Group employee whose workplace is located on C / Aznar Molina 2-8, Zaragoza, Spain.
Upon receipt of an administrative request to change the status of the employee’s temporary disabilities from common illness to work-related accident, the National Social Security Institute (INSS) resolved that said temporary disabilities should be considered common contingencies.
A lawsuit was then filed to request the above change of contingency to work-related accident through the aforementioned Labour Court.
Since 2009 the plaintiff started to develop a specific biological response when exposed to non-ionizing electromagnetic fields —both high and low frequency (e.g. Wi-Fi, mobile telecommunications, WiMAX, computers, power lines, electrical transformers, etc.)—, due to limbic dysfunction. He was diagnosed with electrohypersensitivity in 2014, and thereafter every time a temporary disability took place, he was discharged from the public health system (SALUD) with the diagnosis of electrohypersensitivity as a common illness.
A work-related accident is any bodily injury that an employee suffers on occasion or as a consequence of paid employment economic activities.
This is a significant ruling as it highlights the importance of protecting particularly sensitive employees and contributes to the correct application of Article 25 of the General Law on the Prevention of Occupational Risks. Article 25 LGPRL
According to the latest estimates for modern societies, electrohypersensitive population ranges between 3 to 5%, bringing the total figure of people suffering from this condition in Europe to around 13 million.
On 27 May 2011 the Parliamentary Assembly of the Council of Europe passed Resolution 1815 entitled The potential dangers of electromagnetic fields and their effect on the environment. Resolution 1815
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