Importance of recognizing work accidents in itinere

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Joywtome21
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Joined: Sun Dec 22, 2024 8:10 am

Importance of recognizing work accidents in itinere

Post by Joywtome21 »

It is important that the accident is recognized as initinere in order for it to be 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 poland telegram 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.

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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.

The Supreme Court, in its ruling of 26 February 2008, considered that there was an accident at work in itinere, since it understood that when the worker descended the stairs of the building, he was already beginning the journey necessary to go to work. Therefore, the requirements for talking about an accident at work are met.
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