Many workplaces are struggling to keep up with rapid digitization and the new ways of working. The rise of psychosocial issues in the workplace is growing fast, and these problems are now directly contributing to increased sickness absence and longer recovery times. Legislation has not yet fully caught up, and there is no specific framework for treatment in many places.
This topic came to light at the II Legal Update conference on professional contingencies organized by Ibermutua in Alicante. The discussion focused on how to determine whether an incident qualifies as an occupational accident and how to ensure proper cooperation between accident management and mutuals to optimize available resources.
Carlos Xavier Santos, chief executive of Ibermutua, highlighted that psychosocial diseases have become a major societal challenge across Europe. He noted that treating these ailments already accounts for about 4 percent of GDP and that demand for psychotropic medications is rising. He stressed that the issue is not adequately addressed, describing it as a crucial part of mental health that remains largely unknown. He pointed out that there is little formal instruction on recognizing and reacting to risk, whether at school, university, or in the workplace. As an example, he observed that the average time to consult a mental health professional often stretches from eight to fifteen years after the first symptoms appear.
He added that society is changing digitally and in the way work is organized. Employment relations are becoming more precarious, with new forms of work such as flexible schedules or teleworking. While these changes can benefit the environment, they also increase isolation and reduce physical care. There has not been sufficient support to help people adapt to these shifts.
Participants at the conference included Fernando Salinas, Maria Luisa Segoviano, Juan Roca, Isabel Fajardo, Carlos Santos, and Rafael Patrocinio Rodriguez. The event was covered by AXEL ALVAREZ as a participant caption.
Until now, Santos noted, about 14 percent of sick leave processes were managed by Ibermutua through direct mental health diagnoses. That figure climbs to 42 percent once psychosocial factors are considered alongside other disorders. He emphasized that psychological factors strongly influence the course and outcome of recovery. He cited an example of a person on sick leave for a sprain who recovers in about thirteen days ordinarily, but whose absence can extend to sixty days if combined with a layoff or other stress-inducing situations.
Lack of adaptation
In the same vein, Maria Luisa Segoviano, president of the Fourth Chamber of the Court of Cassation, underscored the rising prevalence of what she called emerging diseases in the workplace. These include workplace violence, sexual harassment, and what she described as the burnt worker syndrome. She argued that some of these scenarios are not yet adequately regulated within the system and that the current framework is outdated. Segoviano noted that many of these conditions are not covered by the Social Security Act, and that the recent law regulating remote work only mentions psychosocial factors when assessing occupational risks.
Ferdinand Salinas, a High Judge, addressed the practical difficulties in deciding when an incident is occupational in nature, especially in cases involving commuting or telecommunication. He joked about a printer ink incident to illustrate how routine events can be misclassified. He highlighted challenges with applying the normality criteria to identify such situations.
With these changes on the horizon, Ibermutua’s president urged lawmakers to update legislation in step with societal progress. The general manager, Carlos Javier Santos, called for a framework that enables better collaboration between employers and public authorities to prevent situations like the long delays in Madrid where ambulances cannot reach nearby mutual health centers, or where exclusive procedures adopted during the pandemic hinder mutual insurers from participating in vaccination campaigns.
Education and awareness were also emphasized as keys to reducing work accidents and occupational diseases. Supreme Court justice Fernando Salinas pointed out that up to 90 percent of these incidents are preventable. District Attorney General Isabel Fajardo attended the conference as part of the broader effort to raise awareness and drive prevention strategies.