The General Social Security Law itself, in the third section of article 156, establishes a presumption of employment for any mishap suffered by a worker during the time and place of work. The burden of proof is reversed and it is ultimately a matter of resolving in favor of the weaker party, in application of the “in dubio pro accidentado” principle in those cases in which it is not possible to have full certainty of the existence of the causal link between the accident and the injury. Thus, for example, it is applied when the worker appears dead at the workplace without the cause of death being able to be determined. This presumption will only be disproved when events of such importance have occurred that the absolute lack of relationship between the work and the accident is clearly evident and must be proven by whoever has an interest in disproving it. As some authors rightly highlight, this legal presumption should be understood as a presumption of causality with work in order to generate the right to benefits in the Social Security System, but it is not effective in prejudging possible business responsibilities for non-compliance with labor obligations, since As we have seen, the notion of work accident has been objectified.
