Workers' Compensation Insurance (Regarding Commuting Accidents)
1. Definition of a Commuting Accident
A commuting accident refers to injury, disease, disability, or death suffered by a worker due to commuting.
① Travel between residence and place of employment
② Travel from one place of employment to another
③ Travel between a residence for a single-person assignment and a home residence
2. Certification Requirements for Commuting Accidents (Differences from Work-Related Accidents)
● Work-Related Accident
Performance of duties (Is it under the control of the employer?)
Causation by work (Is the work the cause?)
● Commuting Accident
Commuting via a reasonable route and method
Travel closely related to employment
3. "Reasonableness" of Commuting Route
● Principle
The shortest and fastest route usually used is the "reasonable route." Detours due to road construction, etc., are also recognized as reasonable.
● In cases of deviation or interruption
Deviation: Leaving the commuting route
Interruption: Engaging in acts unrelated to commuting during the commute → The travel during and after that period is not recognized as commuting..
● However, exceptions (recognized as commuting accidents)
In the case of "minimal acts necessary for daily life," commuting is treated as resumed once the person returns to the route after the deviation or interruption.
Example:
Purchase of groceries and daily necessities
Medical examination at a hospital
Voting in an election
Vocational training and school education
4. Concept of Residence and Place of Employment
● Residence
The place where the worker has their base for daily life
An apartment for a single-person assignment is also considered a "residence"
If staying at a hotel near the company due to a natural disaster, etc., that hotel is also a "residence"
● Place of employment
The place where work begins and ends
Includes business trip destinations
5. Benefit Details (Differences from Work-Related Accidents)
● Benefits received in common
Medical treatment benefits (full medical expenses)
Leave benefits (approximately 80% of salary from the 4th day of absence)
Disability benefits
Bereavement benefits
Nursing care benefits
Unlike work-related accidents, the company has no obligation to provide compensation, so the word "compensation" is not used.
● Difference: First to third day of absence (waiting period)
Work-related accident: Company compensates 60% of average wages (Labor Standards Act)
Commuting accident: No company obligation for compensation → Worker's own expense
6. Differences in application forms
● Work-related accident
Medical treatment: Form No. 5
Absence from work: Form No. 8
● Commuting accident
Medical treatment: Form No. 16-3
Absence from work: Form No. 16-6
* For commuting accidents, submitting a "Commuting Route Notification" to the company in advance makes the application process smoother.
7. Cases where judgment is often divided
● Accidents after stopping at a convenience store
→ Minimum necessary acts for daily life are highly likely to be recognized as commuting accidents. (There are cases of recognition in actual consultation examples)
● Stopping for hobbies or entertainment
→ Pachinko, movie theaters, eating/drinking with friends, etc., are considered "private acts" → Highly likely to be excluded from commuting accident coverage.
8. Accidents during telework (Reference)
According to MHLW guidelines,
Accidents during work-related activities → Work-related accident
Accidents during private activities → Not covered by workers' compensation is the clarified arrangement.