Accident in Itínere What is it and what does it involve?

Most workers need to travel a certain distance on foot, by car or by public transport to get to and from their place of work. This is not work time per se, but it is an obligation to perform. While travelling this distance, they may suffer a mishap. These are known as accidents in itinere. Here we want to talk about them in depth.

What is an accident in itinere?

An accident in itinere ("en route" or "on the way", according to the most accurate translation of this Latin term into Spanish) is an accident suffered by a worker on the way to or from work. 

It is regulated in Article 156 of the General Law on Social Security for employees. On the other hand, self-employed workers are subject to the provisions of Royal Decree-Law 28/2018 and Law 6/20017 on Urgent Reforms to Self-Employment.

Accidents on the way and the requirements to be taken into account

Now that we know how the law defines an accident in itinere and the meaning of this term in Latin, it is time to talk about the requirements. In contrast to other accidents at work, the worker must prove that he/she suffered the accident on the way to or from work.

That is to say, that there is a causal link between his work and the injury suffered.
In order to prove this condition, the worker usually has to file a police report, provide a copy of a police report or a document showing that he/she has been attended to by the emergency services, etc. In addition, as soon as possible, you should inform your employer and contact your employer's mutual insurance company, which will be responsible for your treatment. This entity will be responsible for assessing and determining the damage.

Let us start from the premise that the accident at work in itinere is based on three pillars. We are talking, of course, about the worker's home, the place of work or the place where he/she performs his/her duties and the route he/she is obliged to follow.

Bearing this in mind, we must cite the four essential elements for us to be able to speak of an accident on the way to or from work.

The weather

Within the accident in itinere, time plays a crucial role. In other words, the accident must occur within a reasonable period of time before starting or leaving work. For example, if the employee has a traffic accident two hours after the end of his working day and lives 10 kilometres away from his company's offices, he will hardly be able to justify it.

However, when talking about the accident in itinere and how much time it covers, we must take into account current case law. For example, in recent years, exceptions have been made, for example, in relation to taking or picking up children from school.

Geographical scope

The accident in itinere must always occur during the normal and usual route that the worker must follow to his place of work. There is no fixed route in advance and detours that do not excessively modify the route are considered valid.

The means of transport

The legislation speaks of "usual and adequate means of transport". For example, if you live 100 metres from your workplace, a car accident will not be justifiable as in itinere.

On the other hand, if your employer offers you a valid means of transport or public or private transport tickets and you decide not to use them, there will not be a considerable accident in itinere either.

The objective

To be considered as such, the accident must have occurred on the way to or from work. There are no other options. This is known as the teleological requirement.

The special case of the self-employed

As mentioned above, self-employed workers can also suffer accidents "on the way" to the place where they carry out their activity. In this case, in order to be justifiable as in itinere, the subject must have previously registered a place of work other than their home.

Furthermore, the accident must not have occurred during working hours in any case. They must also have professional contingency cover in their contribution base. If they only have common contingency cover, there is nothing to do.

Compensation for accidents on the way to and from work

In itinere accidents are considered to be an extension of accidents at work. Therefore, the amount to be paid is exactly the same:

• When does sick leave start? From the first day. If it were a common illness or accident at work, the worker would not start to receive the corresponding part of his/her salary until the fourth day (unless his/her agreement dictates a shorter period).
• How much is paid? 75% of the contribution base. From the first day to the last day. If you were not involved in this type of accident at work, you would only receive 60% up to the 21st day.

However, unless the accident results in permanent disability, the worker will not receive any compensation as such. Except, of course, if the accident was caused by the fault of another party and there is civil liability involved. This is very common in the case of traffic accidents. In this case, it will be the insurance company of the other driver who will be responsible for the payment. Likewise, we recommend that you contact a labour lawyer who is an expert in labour law when these cases arise.

In short, we hope we have cleared up all your doubts related to in itinere accidents. Undoubtedly, a key aspect for all those workers who have to travel from their home to the place where they carry out their professional activity.