A bank worker received compensation of around 12,000 euros after suffering an accident during a breakfast break, with the court recognizing the situation as an accident at work. According to , the case raises questions about the legal framework for breaks during working hours.
The accident occurred when the employee was returning to the workplace after going out for coffee. According to the same source, the fall occurred on public roads, outside the company’s premises, but was still considered within the scope of professional activity.
Accident outside the workplace
The worker went to a cafe in the morning and, upon returning, suffered a fall on the sidewalk. The newspaper writes that the incident had physical consequences that forced the worker to take a long leave of absence from work.
The accident resulted in injuries that affected several parts of the body. The publication adds that the server was away from work for several months and faced a temporary reduction in her functional capacity.
Compensation recognized in court
The case was analyzed in court, which ended up finding the worker in favor. The same source mentions that the decision forced the insurer to pay compensation that includes temporary and permanent disability, as well as other associated expenses. The total value is around 12,000 euros. The decision took into account not only the accident, but also the prolonged impact on the employee’s professional life.
The insurance company contested the classification of the accident as a work-related one. The company argued that the breakfast break was unauthorized and that the incident occurred outside working hours.
The publication adds that it was also argued that the situation could not be considered an on-duty accident, as it did not occur in the usual place of work or during direct duties.
Judges’ understanding
The court adopted a different interpretation. The same source states that the judges considered that a work accident may include situations that occur during normal interruptions in activity. The ruling states that these breaks are part of everyday work and do not necessarily interrupt the functional link between worker and professional activity.
The decision highlights the role of meal breaks or short breaks. These interruptions can be understood as necessary to ensure adequate physical and mental conditions for professional performance. The court also highlighted that these breaks are not limited to the worker’s personal interest and may be related to the organization of work itself.
Usual practice in the workplace
In this specific case, the employee’s work context was taken into account. Going out for breakfast was a common and accepted practice in the workplace. According to the same source, it was not proven that the worker had left the location for reasons beyond her normal routine, and the movement was considered compatible with the performance of her duties.
The decision may impact future situations. Recognizing this type of accident as a work-related accident may influence the way other cases are evaluated. Even so, the publication adds, each situation will depend on the specific circumstances, including the context, the company’s practice and the relationship with the professional activity.
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