What to do in the event of an accident at work while travelling
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.
The company must also be informed, as well as going to the mutual insurance company to receive medical assistance. If the accident is serious, you can go to the hospital and then to the mutual insurance company.
It is important that the accident is recognized as initinere in order for it to be dentist database considered an occupational accident, as this has some advantages over non-occupational accidents.
The sick leave fee is charged from the first day and a higher amount.
The company and the Mutual assume more responsibilities.
The full quote is the responsibility of the company.
Examples of work accidents in itinere
The issue of work accidents when leaving or returning from work is very casuistic. In certain cases, the courts have recognized that there is a work accident and in others they have not. Let's look at two examples of this:
Case 1
The worker died of heart failure when he went to pick up the van he used to go to work. The question of whether the presumption of an industrial accident applies or not is being debated.
According to the doctrine of the Supreme Court, an accident cannot be considered an accident in itinere: " the assimilation of a commuting accident ("in itinere") to an accident at work is limited to accidents in the strict sense (sudden and violent injuries caused by an external agent) and not to illnesses or morbid processes of different etiology and mode of manifestation ."
The Supreme Court, in its ruling of 24 June 2010, established that there is no causal link between the death of the deceased and work, since this presumption applies only to accidents that occur at the time and place of work. The classification of accidents "in itinere" as work-related only applies to accidents in the strict sense .
Case 2
This is about a worker who, while going to work, slipped down the stairs and fell to the ground, suffering a fracture and being on temporary disability for several months.
The question arises as to whether the stairs in the entrance to the building where the worker's home is located constitute part of the route that the worker takes to the workplace, for the purposes of the so-called "accident in itinere" or whether, on the contrary, said route only begins once the worker enters the public road.
Importance of recognizing work accidents in itinere
-
- Posts: 20
- Joined: Wed Dec 18, 2024 3:32 am