Suicide as an occupational accident: Analysis of a grey area

Abstract

This study will analyse the issues surrounding the consideration of suicide as an occupational accident, given the difficulty of establishing this under the provisions of art. 156 of the Spanish General Social Security Law. Thus, the study categorises occupational accidents, particularly in sections 2 e), relating to occupational illnesses, and 3, which establishes the rebuttable presumption which considers occupational accidents as all those which take place within the time and place of employment. The resultant denial of this presumption should also be assessed, on the basis of wilful intent as understood in art. 156.4 of the Spanish General Social Security Law. In addition, of course, the evolution of judicial and jurisprudential doctrine surrounding the event is analysed, from the initial position of rejection to a current situation which is much more flexible and open.