The Social Court Number 5 of Alicante has condemned the Ministry of Health of the Generalitat Valenciana, chaired by the socialist Ximo Puig, for the lack of protection they suffered in the first wave of the pandemic. The judge also condemns the Ministry of Health to pay each of those affected amounts between 5,000 and 49,000 euros, depending on whether or not they were infected and whether or not they required hospital admission in the case of having been infected.
The sentence responds to the demand presented in its day by the Medical Union of the Valencian Community CESM-CV, which went to the Court to denounce what it considered a breach of the Valencian Ministry of Health, led by the socialist Ana Barceló, of its obligations to provide elements of protection to its workers. The union understood that this was a negligent attitude towards the health and safety of these workers.
Now, the Court has given them the reason and considers that the Ministry of Health of the Generalitat Valenciana has the obligation, in application of the Law on Occupational Risks, to adopt measures and means of protection, both collective and individual, «having violated said obligation from the knowledge that one had of the existence of a Covid-19 pandemic and especially since the declaration of the state of alarm.
The Court also understands that failure to comply with individual prevention measures has meant “a serious risk to the safety and health of all health workers, especially for medical personnel due to their direct exposure to the risk of contagion that it has meant” and maintains that physicians “have the right to be compensated for personal and moral damages by the Valencian Health Department”.
For all these reasons, it condemns the aforementioned council to the “inexcusable” adoption of protection measures after evaluation of risks and jobs by prevention services, to provide professionals with means of transport and individual protection in the Home care, whether in ordinary hours or in continuous care, and to equip the staff with protective equipment composed, at least, of hydroalcoholic solutions, waterproof gowns, FPP2 and FPP3 masks, protective glasses, specific leggings, gloves and large waste containers.