El suicidio: criterios jurisprudenciales para su calificación como accidente de trabajo

Abstract

When a suicide deserves to be classified as an work accident is a complex question into which the legislator has not wished to enter, at least not directly. The question is becoming increasingly important with the rise of psychosocial illnesses in the labour market and in the context of the economic crisis. For this reason, it is necessary the study of judicial doctrine so as to extract the requirements that allow us to establish a causal relationship between the work performed and the act of taking one's own life. With this in mind, this article presents the evolution of case law from the 1950s to the present day, in order to determine what these requirements are and whether the psychosocial disorder suffered has to be exclusively caused by the work or whether it is sufficient for it to be the predominant cause. In addition, it is analysed whether the presumption of art. 156.3 LGSS is applicable. Finally, some conclusions are drawn and legislative proposals are made.