Both the Government of Navarra and the insurance company they rejected the request considering that they had more than five years have passed since the disability was recognized, and therefore, the right to collect compensation was prescribed.
The worker went to the Federation of Citizen Services of CC OO and through the legal services of the union a lawsuit was filed to claim the right of the public employee to pay this amount, since she was unaware at the time of the existence of this policy.
As reported by the union, in the course of the trial held before the Social Court number 2, the Government of Navarra alleged that all the information on insurance was posted on the employees’ intranet and, therefore, for five years the worker was able to request the insurance payment.
In addition, it was also proven that neither the Government of Navarra nor the insurance company informed the worker of the existence of the insurance, as indicated by CC OO.
The judgment upholds the claim because it considers that the five-year statute of limitations must begin to run from the time the worker became aware of the possibility of taking the action, that is, since she learned that there was insurance that covered this assumption.
From the Federation of Services for Citizenship of CC OO de Navarra they have explained that “a large part of the working people in the scope of the Administration of the Government of Navarra still do not know the existence and conditions of these insurances to which they are entitled”. “For this reason, we demand that the necessary means be provided so that this information is provided expressly to all employees and public employees, temporary or permanent, who provide service in the Regional Administration”, they have indicated.
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