What is a Commuting Accident?

Written by Lisa Baker | August 3, 2021

Accident

In the workplace, a worker can be on leave for two types of situations: common or professional contingencies. In the second case, they can occur due to a work-related illness or a mishap.

Among the occupational mishaps is the so-called accident in itinere, which is what we want to talk about in this article. What is a commuting accident? How to identify it and act in case it happens?

What is an itinere work Accident/Mishap?

The definition of an in itinere mishap is a tragedy suffered while going to or returning from work. This journey includes from the time the worker leaves his or her habitual residence until arrival on the job.

At first, it seems simple, although there are several factors that determine how far it can be identified as such:

  • It is necessary that the address from which the person who suffers the mishap leaves or goes is the habitual residence.
  • The means of transport involved, in the event of a traffic mishap, must be adequate for the journey.
  • The route followed when coming to or going to work must be the usual one.
  • That the duration of the trip is more or less the same, as long as nothing happens that causes a delay.

MISHAPS IN ITINERE AND SELF-EMPLOYED

In the case of the self-employed, the declaration of an occupational accident in itinere is very important, because its recognition means that Social Security will take care of the situation.
Until article 316 of the LGSS was modified and the in itinere accident was included as a work accident in Law 6/2017 on Urgent Self-Employment Reforms, it was considered a common contingency. In other words, an unprofessional accident that therefore involved a significant loss of money and benefits.

HOW TO DETERMINE IF IT IS A MISHAP IN ITINERE

Knowing whether or not an accident can be considered in itinere is quite simple. You just have to take into account the factors that we have discussed a little above. That is to say, that it is a habitual displacement, in the means of transport that is usually used and that it is from or to the address where the person who has suffered it lives.

Everything that does not coincide with these elements is considered a common contingency, and although it can also lead to a loss, the benefits will be different.

How to act in this situation?

In the event of an accident in itinere, it is important to follow the steps as if it were an accident at work :

  • You have to notify the company of what happened, and approach a health center, mutual, or a hospital so that a report is made as complete as possible, showing that there has been an accident and the injuries suffered.
  • Apart from that, an accident report is needed to show when and how it took place. The police or the civil guard, or some other person who has shown up to assist you, can draft the document. For example, if it is a slip on the street and an ambulance shows up, the health workers who attend you can provide the proof you need. In a commuting accident, how to act is essential.
  • It is important to notify the insurance company as soon as possible that a mishap has occurred if you have accident insurance.

All of this is very important because the recognition of an on-the-road tragedy involves collecting leaves from the first day, and in a higher amount than if it were a common contingency.

Conclusions

In summary, a mishap in itinere is a type of work accident that is not usually included in prevention plans, as it occurs outside the workplace.
Identifying it as such implies having the coverage and rights that protect any type of work mishap.
Determining whether or not it is an on-the-job accident, in addition to acting quickly, is very important to protect your rights.

August 3, 2021 | 28 Views

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