Abstract

VICENTE-HERRERO, María Teofila et al. Work related injury due to epileptic crisis and craneoencephalic trauma resulting in death A revision done from jurisprudence and legislation in Spain. Acta Neurol Colomb. [online]. 2014, vol.30, n.4, pp.337-341. ISSN 0120-8748.

The concept of "work-related injury" is controversial in all countries and its design varies depending on the different legal precepts of each one. The objective of this study is to assess the circumstances of a case of a work accident claim resulting in the death of employee suffering from epilepsy and in which, as the result of a crisis, a brain trauma occurs with fatal consequences. Laborer contingency is claimed, but it is denied in the first instance by the Mutual of occupational accidents and diseases. In Spain, the legal definition of an accident at work has been developed by case-law in virtually all the elements that constitute it. It contemplates the concept of gainful employment, damage or injury caused, of physical and mental injury, and it deems as injury or accident not only what results from the sudden and violent action of an external agent on the human body, but also the damage that comes from certain diseases such as internal processes, sudden or slow action, or arising or originating from the job. With common diseases such as epilepsy, the lack of a strict or direct causal link between epilepsy and work does not preclude any legal presumption to the harmful results caused by seizures in the place and time of the job (death or injuries from falls caused by the crisis), as these may have occurred during work.

Keywords : Epilepsy; Workplace accident; Occupational Damage; Occupational Health.

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