Accidents in transit: what should I do in this case?

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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":

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.
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.
Work-related : there must be a direct causal link between the argentina email list 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.
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 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 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 accident can be classified as in itinere, thus ensuring the protection and labour rights of the affected workers.