Legal analysis webinar on the differences between work accidents in the General Regime and RETA

Fraternidad-Muprespa inaugurates the cycle of webinars “Current Events with…” with the jurist Manuel López Sacristán, lawyer from the Mutua Legal Services and Consulting Center, who explained the substantive differences between the treatment of work accidents in the General Safety Regime Social Security (RGSS) and the Special Regime for Self-Employed Workers (RETA). 

The session, which was introduced and moderated by Silvia Vela, director of the Department of Communication and Institutional Relations of the Mutua, was attended by nearly 400 attendees, and addressed the regulatory framework, jurisprudential casuistry and evidentiary implications that affect each group. 

Comparative legal framework

The exhibition focused on articles 156 to 158 and 316 of the General Social Security Law (LGSS), as well as Royal Decrees 625/2014 and 1273/2003. López Sacristán stressed that “ the definition of a work accident in the General Regime is broader and presumes employment, while in the RETA a direct and immediate connection with economic activity is required ”.

In the RGSS, article 156.1 LGSS establishes that a work accident is considered to be “ any bodily injury that the worker suffers on the occasion or as a consequence of the work performed for another person ”. Furthermore, section 3 introduces the iuris tantum presumption of employment: “ it will be presumed, unless proven otherwise, that the injuries suffered by the worker during the time and at the place of work constitute a work accident.”

On the contrary, in the RETA, article 316.2 requires that the accident derive “ directly and immediately ” from self-employment, without said presumption operating. “ This implies a much more demanding evidentiary burden for the self-employed , ”said the speaker.

Notable jurisprudence

The presentation included a technical analysis of key rulings that illustrate the complexity of the recognition of occupational accidents in the RETA:

• STSJ of Castilla y León, rec. 441/2022: establishes the requirements for a self-employed person to prove that a traffic accident derives from their professional activity.
• STS No. 479/2023: in cases of multiple activities, the same injury can be classified as a work accident in the RGSS and as a common illness in the RETA.
• STSJ de Canarias No. 192/2023: excludes as a work accident the one suffered by a self-employed person, a physiotherapist, during a break.
• STSJ of Andalusia No. 2485/2019: confirms that the presumption of employment does not apply in the RETA, placing the burden of proof on the worker.

López Sacristán emphasized that “ jurisprudence is precisely delimiting the margins of professional causality in the RETA, but the need to interpret case by case still persists ”.

Paradigmatic cases were also addressed, such as that of a freelance photographer (STSJ Madrid no. 12/2023) whose accident while traveling was recognized as work-related, and that of a painter (STSJ Castilla y León, Sentence 840/2023) whose trip to budget for a work was the subject of legal debate.

Final conclusions

The day concluded with the speaker clarifying various issues raised and conveyed by Silvia Vela, who encouraged all attendees to participate in future webinars. The Mutual Fund, which especially appreciates the assistance of members of the advisory group, will hold new sessions on a monthly basis on legal issues, benefits and other topics of interest.