Qualifying a heart attack as an occupational accident requires examining the relationship between the condition and the work. Being assigned by the company is a relevant factor, but it does not turn all travel hours into time spent providing services.
Article 156 of the General Law on Social Security defines an occupational accident by its connection with work performed for another party. It also establishes a presumption, unless evidence to the contrary, for injuries suffered during the time and at the workplace.
The difference between that presumption and the need to prove the employment link explains why two medical episodes that appear similar may receive different classifications.
The hotel paid for by the company is not the only evidence
The lodging invoice proves that the company covered that expense. Travel orders can show why the worker was in another city.
However, determining the origin of a sick leave requires reconstructing what the worker was doing when the symptoms appeared and what circumstances could have influenced them. It is not the same if an ailment begins during a task, as with another detected during a period of rest, even if both occur away from home.
Jurisprudence on accidents on assignment precisely analyzes the activities carried out during the trip. The Supreme Court ruling 974/2017, for example, examined the case of a crew member who suffered a heart attack in the airport parking lot while going to the hotel of her temporary base.
The importance of reconstructing when the episode began
The place where an emergency is attended does not have to coincide with the moment when the condition began. That is why medical reports, schedules, and testimonies can be decisive.
The analysis must identify whether the first symptoms appeared during work, whether there was a specific task or circumstance, and what documentation allows linking it to the episode.
Nor should the existence of medical history be confused with an automatic exclusion of an occupational origin. The law contemplates cases in which prior illnesses or defects worsen as a consequence of a workplace injury.
What to do if the sick leave has been recognized as common
Social Security has a procedure for determining the nature of the contingency to review the origin of temporary incapacity. It can be initiated by the worker or their representative, in addition to the entities with standing.
The application must be accompanied by documentation that allows the case to be examined, including medical reports and the available evidence. The INSS collects information from the affected entities in order to resolve the discrepancy.
Which documents may be relevant
The official form includes, among other documents, a company report that describes the worker’s activity and the concurrent circumstances, such as schedule and professional category.
On a posting, it is also advisable to keep the travel order, communications about the tasks, records of working hours, and proof of accommodation. Its usefulness depends on what it confirms, not on accumulating documents unrelated to the episode.
The application for determination of contingency is available through the Social Security channels. The file must make it possible to distinguish the professional posting, the working time, and the medical circumstances that are submitted for assessment.