Written by Lisa Baker | August 3, 2021
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?
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:
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.
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.
In the event of an accident in itinere, it is important to follow the steps as if it were an accident at work :
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.
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.
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