Court Denies Woman Full Disability After Video With Broom and Neighbors. A woman from Jaén demanded €143,000 for total loss of work capacity after an accident, but the court ruled that, despite serious injuries, she is still capable of everyday activities. The key evidence was a video showing her sweeping the yard and interacting with neighbors.
A dispute over compensation following a traffic accident has concluded in Jaén, drawing attention to disability assessment practices in Spain. A woman who suffered severe injuries in a 2015 accident insisted on being recognized as fully disabled and demanded €143,794. However, the judges determined that her condition does not preclude independent living and denied the maximum payment.
The decisive argument was a report from private detectives hired by the insurance company. The video shows the woman sweeping the yard unaided, climbing stairs, talking to neighbors, and getting behind the wheel of a car. Although she was not seen driving, the court noted that the car soon disappeared from the scene, indirectly confirming her mobility.
The court of first instance had already limited compensation to €80,000, recognizing only a partial loss of working capacity. The appeal did not change this decision: in the court's opinion, the woman is able to perform basic daily activities, and thus does not meet the criteria for absolute disability. At the same time, the court acknowledged that her injuries have significantly limited her physical abilities and that strong medication is required for pain relief.
The victim's lawyers attempted to challenge the legality of the video recording, citing violations of privacy rights and the appearance of her underage son in the footage. However, the court referred to provisions of the Private Security Act and the Civil Procedure Code, which allow the use of such materials if the recording is not made inside the home.
Another important factor was the administrative reassessment of her disability: in 2021, her degree of lost work capacity was reduced from 44% to 34%. The woman claimed this was a mistake, but failed to provide evidence.
Judicial practice on similar cases in Spain is inconsistent. For example, in the Basque Country, a court recently allowed a person to receive a social benefit after buying a garage on credit — more details about this decision can be found in the article on the restoration of the right to Renta Garantizada.
As a result, the court in Jaén confirmed: the woman is entitled to compensation for partial loss of work capacity, but not for full disability. The decision has not yet entered into force — an appeal to the Supreme Court is possible.
