On a practical level, there are usually controversies in this type of case, since sometimes poland telegram the Social Security considers that there has not been an accident at work, despite it having occurred when returning to or going to the workplace, and establishes that it is a common illness. If you are faced with such a situation, and you consider that all the elements of an accident in itinere have been met, it is best to file a claim for this contingency and to do so, seek the help of legal services , specifically professionals specialised in labour law.
When a worker has an accident and cannot work due to his injuries, he will be in a situation of temporary disability, also known as sick leave. There are two types:
For common contingencies: these are for common illnesses and accidents unrelated to work.
For professional contingencies : these are for work-related illnesses and accidents suffered at work.
This is what we explained in the post « work accidents and occupational diseases ». Today we are going to focus on work accidents, specifically, on work accidents suffered on the way to or from work, that is, work accidents in itinere.
Work accident in itinere
Article 156.2 of the General Social Security Law in its section A establishes that an accident suffered by a worker on the way to or from work will be considered an occupational accident.
The definition of an accident at work in itinere has been developed by jurisprudence. It is a very casuistic issue since it will not always be classified as an accident at work. Certain requirements must be met in order to be classified as such:
Teleological: the reason for the trip, starting or ending the service and returning home without interruptions for personal reasons. The essential thing is to go to the workplace or return from the workplace.
Chronological: the accident must occur immediately or close to the time of entering or leaving work. Detours or stops do not break the causal link if they are brief to meet normal personal needs. However, when the stop or deviation is prolonged, the connection disappears.
Topographic: The accident must occur on the usual route, that is, the one normally taken from work to home.
Mechanic: the means of transport must be the normal or usual one. The cause-effect relationship must not be broken.
In the event that a worker has an accident on the road or when leaving work and it is not classified as work-related, if you do not agree, you can file a claim to determine the contingency of the accident and request that it be declared as work-related. The claim must be filed with the National Social Security Institute.
When you suffer an accident at work while you are travelling, you must act in the same way as in a work accident. The only difference is that since it does not occur in the workplace, you must prove that the accident occurred on the way to work.