Accidents While Commuting

Author:Mr Calogero Boccadutri
Profession:Boccadutri International Law Firm
 
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The "accident in itinere" (or an accident while in transit on the way to work/commuting) has been defined by Italian legislation since 1965, the year in which DPR n. 1124/1965 (consolidated text of the provisions for mandatory insurance against accidents at work and occupational diseases) was indoctrinated.

In 2000, with Legislative Decree 38, it was included in the INAIL (the national accident insurance company) statutory corporation overseen by the Ministry of Labour and Social Policies.

One may be considered a victim of an accident while commuting if:

travelling from home to work or from work to home; travelling between one place of work to another; travelling from the workplace where the worker spends their lunch break, in the absence of a company cafeteria. In addition to possible traffic accidents, accidents while commuting involves, and covers, a wide range of possible events that can happen while a worker is travelling.

Accidents at work

Transit accidents are considered as one of the many possible ways where accidents during work may occur. For an accident of this kind to occur it has to take place in contiguity (before/after), or in the course of work.

An accident at work can be defined as a traumatic event resulting in injury (or disease that has an aggressive source, which differs from occupational disease) that puts the worker in a condition of not being able to work for more than three days.

Since 1965, workers in Italy must be compulsorily insured so that they can be protected in the event of an accident, so that their families are covered if the worker is gravely injured/killed.

When can work injury be considered?

The accident in transit must take place during your normal route to work (i.e. traveling the shortest and most direct route, and during a specific period of time).

Eventual interruptions or deviations can be justifiable only when due to causes of 'force majeure' (chance occurrence or unavoidable accidents), for essential or urgent needs, or the fulfillment of criminally relevant obligations (e.g. jury duty).

Among these interruptions, as detailed in INAIL number 62 of 2014, may be the accompaniment of one's child to school.

Means of transport involved in the ongoing accident

Although the use of public transport (considered to be the safest) to travel to the workplace is preferred at the time of reimbursement, (even if this mode of transport does not ensure punctuality). Also considered a valid accident is an...

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