Commuting Workplace Accidents (In Itinere): Coverage and Evidentiary Proof
Commuting accidents (in itinere) cover direct home-work routes under Art. 6 LRT, providing 100% medical treatment, wage continuation, and disability compensation.
Suffered an injury commuting to or from work?
Secure full medical benefits and permanent disability compensation with Lead Attorney Dr. Guillermo Conti:
Essential Legal Distinctions
- Full Medical & Cash Compensation: Insurers must cover medical treatments, sick pay, and lump-sum disability awards.
- Transit Logs and Police Reports: Documentary evidence substantiates direct route and timing.
- Indemnity for Residual Scars & Injuries: Physical limitations qualify for formal percentage ratings at the SRT.
1. Statutory Framework of Commuting Accidents (Article 6 LRT)
Article 6, paragraph 1 of the Workers' Compensation Act (Law 24,557) defines a commuting accident (accidente in itinere) as any injury occurring on the direct and customary route between the employee's home and workplace, provided the route was not altered for personal interests.
Insurance coverage under the Workers' Compensation Insurer (ART) is identical to an on-site workplace injury: 100% paid medical and surgical care, full wage continuation during medical leave, and statutory lump-sum permanent disability indemnities.
2. Evidentiary Proof to Overcome ART Denials
Insurers frequently challenge commuting claims citing alleged route deviations. To secure coverage, employees should provide police incident reports, public transit electronic records (SUBE card logs), eyewitness statements, and emergency room intake records.
Frequently Asked Questions
What does the ART cover for a commuting accident?
100% of medical care, surgeries, physical therapy, full salary during leave, and lump-sum compensation for permanent physical limitations.
What if I took a minor detour for personal errands?
Substantial deviations for personal reasons may trigger ART claim denials; exceptions exist for formal studies, caregiving, or pre-registered second jobs.
What is the reporting deadline for a commuting accident?
Injuries must be reported to the employer and ART immediately within 48 hours of occurrence.
Do I get severance/indemnity for residual scars or stiffness?
Yes. Upon discharge, the SRT Medical Board must assess permanent physical impairment percentages and award statutory cash payouts.