La covid-19 como contingencia profesional de seguridad social del personal sanitario y sociosanitarioAnálisis diacrónico de un precipitado puzzle normativo (1)

Zusammenfassung

Recently RD-Ley 19/2020, May 26th, has made a legal recognition in Spain of Covid-19 suffered by health sector professionals as work-place related accidents during the alarm period declared in order to fight against Coronavirus (SARS-CoV 2). That legal option, that has recently been indefinitely extended (RD-Ley 28/2020, September 22nd), should not discard the option of considering those pathologies as «occupational diseases» caused by biological agents, as there is a legal basis for that consideration. Furthermore, the European Union has released Directive (UE) 2020/739 (June 3rd), through which virus SARS-CoV 2 has been included in the European list of biological agents regulated by Directive 2000/54/CE, about worker’s protection against biological risks. All Member States should, then, implement that European legal statement into internal Law before November 24th 2020 —otherwise, legal direct effect of the Directive would make it compulsory anyway-; being the Directive finally implemented in Spain through Orden TES 1180/2020 (December 4th). Taking in consideration this successive internal and European legal interventions, the text analyzes the application of both institutions («worked-related accident» and «occupational disease») in order to bring legal protection to those professionals, pointing out, at the same time, the legal differences between them; and finally underlining the incorporation of the new «principle of precaution» to labor risk prevention in this scenario.