Occupational accident while traveling between home and work

When is compensation due for an occupational accident that occurred while traveling between the place of residence and the place of work??

Occupational accidents are divided into two main types: actual and equivalent to work accidents. The second type are such incidents in which the injury most often occurs outside the workplace and even after working hours. For example, you were traveling between your workplace and the place where you live. The legislator has equated these accidents to work accidents, due to the fact that the travel is directly related to the performance of work under the employment relationship.

What does "place of residence" mean?

It should be noted that the term "place of residence" does not only refer to your own real estate, but also to one that is inhabited under a lease agreement. This is the home in which you reside for a long period of time. The legislator has provided for the possibility of considering an accident at work that occurred from and to another additional place of residence, for example, a villa, a house of parents or children. There is no requirement to have an address registration in the home in which you reside in order to be entitled to compensation.

Usual path on the move

An accident at work can be considered an accident that occurs on your usual route of travel. This is the daily, typical route you take to and from your workplace. It does not matter whether you travel by car, public transport, bicycle or on foot.

How the injury must have occurred

Injury can occur in many ways, for example, being involved in a traffic accident while traveling. Another common case is slipping while going to or from work. In case law, it is accepted that even if you are attacked, regardless of whether by a person or an animal while traveling, the accident should still be considered work-related and compensation should be paid accordingly.

In which incidents is compensation due?

Compensation is due for every accident that is recognized as work-related. There is no difference in the procedure for establishing an accident as work-related, regardless of whether it is of the type of actual accident or is equated with such an accident.

Determining whether the accident suffered is work-related or not is carried out according to a statutory procedure. Representatives of the National Social Security Institute, the Executive Agency "„General Labor Inspectorate“", as well as one representative of the employer and one of the workers. What are the specifics of investigating an occupational accident, you can read in our article on the topic.

Who is entitled to compensation and in what amount?

As a rule, in all work accidents, compensation is due to the employee who suffered the injury. In the event of a work accident that results in the death of the employee, compensation may be claimed by his heirs. Compensation for non-pecuniary damage may be claimed by more than one heir in the event of a fatal accident.

What is the amount of compensation?

Its amount depends on the damages caused. The pecuniary ones are mainly related to the expenses that the injured person has incurred in connection with the treatment, as well as the lost secure work income. In the case of non-pecuniary damages, which are due to the pain and suffering suffered, the amount of compensation can vary widely and depends on the duration of the recovery period, age, degree of recovery and other facts and circumstances.

What is the procedure for protection in the event of a work accident?

1. We are trying to voluntary dispute settlement – we hold a meeting with the employer, where we try to negotiate the best conditions for you. After your approval of the parameters of this agreement, we can proceed to its signing.

2. Depending on the moment you contact us, we may represent you in the procedure for establishing the work accident.

3. In the event of unsuccessful voluntary settlement of the dispute we are filing a civil lawsuit, to claim the compensation due to you for material and/or non-material damages. In addition to not owing us any fee in advance, we will also do everything possible to exempt from paying fees and expenses to the court, if the prerequisites for this, provided for by law, are present.

4. In the event of a successful outcome of the case(s), we file a lawsuit and we represent you before a private bailiff, who will assist you in receiving the actual amount awarded by the court decision - through seizure of bank accounts or other appropriate actions.