End of COVID leaves assimilated to occupational accidents

Following the end of the health crisis caused by COVID-19, published in the BOE last July 5, the General Directorate of Social Security has prepared a clarifying criterion on the measures that are no longer in force. 

It states that, from July 26, 2023, onwards, infection by COVID-19:

– In healthcare and/or social-healthcare personnel, ceases to be considered an occupational accident, becoming a common contingency. In addition, it loses the consideration that the economic benefit had, assimilated to occupational disease (except in case of death), becoming a common contingency.

– For the rest of the workers, the economic benefit ceases to be considered as an occupational accident and becomes a common contingency.

Clarifications: 

• All processes with a discharge date prior to July 26, 2023, which have been treated in accordance with the exceptional measures indicated above, will retain the initial situation until their termination for any of the legally established causes.

• All processes with a sick leave date of July 26, 2023 onwards, with a diagnosis of COVID-19 infection, will cease to be considered as a situation assimilated to an accident at work for the economic benefit of temporary disability.

• Only in the case of a process dated after or equal to July 26, 2023, as a relapse of a COVID process of a previous date, the consideration of assimilation to an accident at work will be maintained, exclusively for the purposes of the economic benefit of temporary disability.

• The Public Health Service will be solely responsible for the issuance of sick leave, confirmation and discharge reports of the COVID-19 TI (temporary disability) processes that may be caused by healthcare and social-healthcare personnel as of July 26, due to common contingencies.

For further information, please contact Labor consulting