According to the Work Accident Statistics, in 2021 there were 1,137,523 work accidents, which represents an increase of 13.2% compared to the previous year. The category of workplace accidents that has increased the most are commuting accidents, that is, those that occur during the course of going to and/or returning from work. These had a rise of 31.3%, adding a total of 74,713 cases.
Data such as these indicate that workplace accidents are a relevant problem and a reality that can affect anyone. Not only are risks taken during working hours, but serious accidents can also occur on the way home or to the place of employment. What compensation is a worker who suffers an accident en route entitled to?
In accordance with the provisions of article 156 of the General Law of Social Security, an accident at work is understood to be any damage or bodily injury suffered by the worker "on the occasion or as a consequence of the work carried out on behalf of another." Said injury could occur when the worker travels to his job or when he returns from it to go to his residence.
In general, people tend to associate commuting accidents only with a traffic accident, but the reality is different. Commuting accidents can include falls just when leaving home to go to work or accidents waiting for the bus to go to the place of employment, among many other assumptions.
There is abundant jurisprudence that allows determining whether or not an accident can be considered in itinere. Over the years, so many cases of this type have been debated in the courts that currently the requirements that the accident must meet to be classified as work-related in itinere are quite clear.
On the one hand, it must be demonstrated that the damage suffered by the worker is a direct or indirect consequence of the journey to work. Also, there must be a probable causal relationship between the job and the injury sustained. In other words, the commuting accident is not presumed, but the worker must prove it.
For this, there must be reliable evidence that the main purpose of the trip made by the employee is determined by his work. In addition, the employee must have used the usual and adequate transport to make the trip where the claim materialized.
Other important factors to determine if, in fact, there has been an accident at work in itinere have to do with the time and place where it happens. The accident must have occurred at a time reasonably close to the time of entry or exit from work and in the normal and habitual way of the worker.
Those who suffer an accident in itinere have the right to receive 30 euros per day as compensation, counting from the moment the accident occurs and until they are discharged and the consequences have disappeared. However, depending on the severity of the injuries, the figure for compensation could increase.
Thus, if it is established that the worker has experienced a moderate loss of quality of life, he is entitled to receive compensation of 52 euros per day. In the event that he loses much of his mobility due to the accident, the amount will be 75 euros per day. Lastly, if the loss of quality of life is very serious and the worker is unable to fend for himself, compensation for commuting accidents increases to 100 euros per day.
On the other hand, many commuting accidents happen while the worker is driving his or her car on the way to work or home. When it is determined that the worker was not at fault for the accident, they will also be entitled to compensation for a traffic accident.
On some occasions, the commuting accident leaves the worker partially incapacitated to carry out the tasks of his profession. In cases like these, the employee will be entitled to receive compensation equivalent to 24 times his monthly salary. This amount is charged in a single payment and provided that the decrease is not less than 33% in the worker's normal performance.
