The Supreme Court declares as a work accident the heart attack of a teleworker due to lack of hourly record

 

The Supreme Court has unified doctrine on work accidents in telework and has set a relevant criterion for companies and workers: when an employee suffers an injury at home during their workday and there is no adequate hourly record, it is presumed that the accident is work-related.

The ruling, issued on April 23,2026 by the Full Social Chamber, analyzes the case of a senior administrative technician who teleworked from her home in Madrid with a flexible schedule between 9:00 and 19:00. The worker died due to a heart attack around 15:00.

One of the key elements of the procedure was the forensic report, which determined that the employee had an empty stomach, indicating that she had not yet taken her lunch break. In addition, the company could not provide any hourly record to prove whether the worker had interrupted her workday or was on a break.

In this situation, the Supreme Court considers that a "diabolical test" cannot be imposed on the worker or their family to prove that the accident occurred during actual working hours. According to the court, when there is telework with online connection and digital control tools, it is up to the company to prove whether the employee was working or off duty.

The resolution is based on article 156.3 of the General Social Security Law, which presumes any injury suffered during working hours and at the workplace as a work accident, as well as on the Remote Work Law and article 34.9 of the Workers' Statute, which requires companies to maintain a reliable hourly record even in flexible work models.

The Supreme Court ultimately declared the death as a work accident, overturning the previous ruling of the Higher Court of Justice of Madrid and confirming the initial resolution of the Social Court No. 33 of Madrid. As a result, the Fremap mutual will have to assume the payment of death and survival benefits.

The Supreme Court ruling sets an important criterion on teleworking and the company's obligation to properly monitor the workday. The judgment makes it clear that flexible hours cannot harm the worker when there are reasonable doubts about the timing of an accident.