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what should I do in this case

Accidents in transit can happen to anyone, at any time. What’s more, these so-called accidents can have significant implications for both workers and employers.

In this article, we will explain what is meant by an accident in transit, why it is crucial for both parties and how these incidents are managed from a legal and practical point of view.

Content

  • What is an accident in itinere?
  • Requirements to be considered an accident in itinere
  • Included and excluded routes
  • Differences with other types of work accidents
  • Accident in itinere in self-employed
  • Procedure in case of an accident in itinere
  • Necessary documentation, requirements and evidence
  • Liability and accident leave
  • Compensation for accidents in transit
  • Prevention and safety measures
  • Special cases and jurisprudence
  • Conclusions
  • Frequently Asked Questions

What is an accident in itinere?

An accident in transit refers to any incident suffered by a worker while travelling from home to the workplace or vice versa. This legally recognised term covers all accidents that occur on the worker’s normal and reasonable journey, provided that there have been no significant deviations or unjustified interruptions in the journey.

For workers, the recognition of an accident in transit as an occupational accident is essential because it guarantees that they are granted the same rights and benefits that they would receive for an accident that occurred in the workplace.

This includes access to temporary disability benefits, medical coverage and, in some cases, compensation.

For employers, understanding and properly managing commuting accidents is crucial to complying with legal obligations and avoiding potential penalties. In addition, recognizing these accidents fosters a safer work environment and demonstrates a commitment to employee well-being.

The concept of accidents in transit also promotes the adoption of preventive measures by companies, such as the implementation of road safety policies and the promotion of safe transport alternatives for their employees.

Requirements to be considered an accident in itinere

Conditions that an accident must meet to be considered “in itinere”:

  1. Usual route: the accident must occur on the usual and reasonable route between the worker’s home and his or her workplace. This route may include justified detours, such as taking the children to school, as long as they do not deviate significantly from the direct route.
  2. Temporality: the accident must occur during the time normally spent travelling. It is not considered in itinere if the worker makes long stops or detours without work justification.
  3. Work-related : there must be a direct causal link between the journey and work. If the journey is for personal reasons or is unrelated to work obligations, it will not be considered an accident in itinere.
  4. Appropriate means of transport: the means of transport used must be reasonable and suitable for the journey. This includes private vehicles, public transport or travel on foot, provided they are reasonable for the distance and circumstances of the  switzerland email list  journey. If the worker uses an unusual or risky means of transport without justification, it may not be considered in itinere.

Examples that meet the requirements of an accident in itinere

Let’s look at some examples:

  • Maria, an office worker, is involved in a traffic accident while travelling in her car from her mememarketing: what it is and why you should use it home to her workplace. The journey is the usual one and she did not make any unjustified stops. This accident will be considered in itinere.
  • Juan, a factory worker, falls while walking from his home to the bus stop he takes every day to go to work. The route is the usual one and he made it within the expected time to reach the stop. This accident will also be considered in itinere.

These examples illustrate how the above conditions apply to determine whether an whatsapp aumber  accident can be classified as in itinere, thus ensuring the protection and labour rights of the affected workers.

Included and excluded routes

As we have established, these are the types of travel that are considered within the scope of an “in itinere accident”:

  1. Direct home-work route : direct travel from the worker’s home to his or her workplace and vice versa.
  2. Typical commute: Trips that, while not the most direct route, are considered usual and reasonable for the worker, such as taking a slightly longer route to avoid traffic.
  3. Justified detours : Trips that include detours for justified reasons, such as dropping off children at school or picking up a coworker, as long as these detours do not significantly alter the route.

They should not be confused with other situations that fall outside these categories:

  1. Unjustified stops : If the worker makes a long stop to make personal purchases or activities not related to work, the accident that occurred at that time will not be considered in itinere.
  2. Unjustified deviations: if the worker deviates significantly from his usual route for personal reasons, the accident will not be considered in itinere.
  3. Use of inappropriate means of transport: accidents that occur while the worker is using an unusual or risky means of transport without work justification may not fall into this category.

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