Una aproximación a la problemática del accidente laboral en el contexto del teletrabajo. Análisis de la evolución jurisprudencial
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This paper is a study that analyses the current situation of occupational accidents occurring in a
teleworking situation. This study provides an analysis of the key concepts at stake, such as
telecommuting, teleworking and occupational accident, going through the historical evolution of
these concepts up to the current situation.
In this sense, the study focuses on the jurisprudential analysis of accidents at work in teleworking
situations, observing how the doctrine of the Spanish courts has evolved and with the aim of being
able to draw conclusions on the possible projections to be made by the courts of justice, especially
the Supreme Court.
The paper stresses the need for a broad interpretation of the concept of ‘workplace’, so that
teleworkers are not less protected than workers who provide their services in person. On the other
hand, it is mentioned that the concept of ‘working time’ should be treated with more caution,
otherwise it could easily lead to the conversion of common injuries into occupational
contingencies.
The purpose of the study is to be of use to those who are interested in the current situation of
accidents at work in a teleworking context