Is cycling an accident at work on the way to work considered an accident on the way to work?
What conditions must be met for accidents at work to be classified as in itinere? What are the consequences for workers and what requirements must be met? Euriux Lawyers Euriux Abogados, as the largest national network of advice in Spain, gives you answers to these questions. Our 300 professionals are specialised in legal matters of insurance companies and traffic accidents.
What is an accident on the way?
An accident on the way to or from work is a type of accident at work. As such, it has similar consequences for employees and employers. However, it differs from ordinary accidents in that it does not take place in a normal workplace. The Latin expression in itinere means, in English, on the way, which already provides a clue to the nature of these accidents at work.
This type of accident is regulated in Article 115 of the General Social Security Law . General Social Security Law. Broadly speaking, the concept of an accident in itinere implies the generation of a bodily injury for the worker on his way to or from work.
What are the requirements?
There are four factors that by their nature may cause this type of accident to be considered as such:
- Theological: An accident in itinere is considered to be an accident in itinere if the journey was caused solely by work.
- Spatial: This requirement specifies that the accident must occur on the journey between the worker's home and the workplace. It also includes the time before or in preparation for the journey, e.g. on the way to the car.
- Chronological: The accident must occur within the time usually spent on the journey, implying that the journey must also be frequent.
- Mechanical: Referring to the means of transport used by the worker to make the journey, it is stressed that the transport used must be the usual and safe one.
Today we address a recent ruling by the Castilla León High Court of Justice. A mutual insurance company contracted by the Ministry of Defence has been ordered to pay the family of a civilian employee of the Army in Valladolid 52% and 20% more of the pensions due to his widow and son, following the death of the worker in an accident on his way to the barracks early in the morning in November 2017.
The civilian employee usually used a bicycle as a vehicle to go to the barracks, located in Pinar de Antequera, and died of a heart attack at 7:20 a.m. The family's claim was rejected by both the Social Security Institute (INSS) and Ibermutuamur. Both the Social Security Institute (INSS) and the company Ibermutuamur rejected the family's claim, which was recognised by the Valladolid Social Court No. 3 and now ratified by the Supreme Court in a ruling on 3 February.
The ruling of the three magistrates of the Castilla y León Supreme Court does recognise the family's right on the grounds that the death occurred when the worker was cycling on the usual route and at the usual time,