Commuting accidents 2026: a complete guide to INAIL rights and compensation

Commuting accidents. A guide to compensation and rights for victims and their families.

Every day, thousands of workers, Italian and foreign alike, travel to reach their workplace.

Unfortunately, it is not uncommon for something unexpected to happen along the way: a road traffic accident, a bicycle fall, or a slip-on underground station stairs can seriously affect a person’s physical integrity.

These events, occurring while travelling to work or while travelling for work, are considered “commuting accidents” (infortuni in itinere) and may fall within INAIL’s occupational accident insurance cover.

In practical terms, if you are injured while going to work or while travelling for work, you may be entitled to benefits, additional compensation, and a range of protections that can also extend to family members.

What is a commuting accident (infortunio in itinere)

A commuting accident is an injurious event affecting a worker during the usual return journey between home and the workplace, between two workplaces, or while travelling to eat (where there is no canteen).

It is treated as equivalent to a workplace accident and is governed by Article 12 of Legislative Decree no. 38/2000 and referenced by the rules on public employment (Article 12 of Legislative Decree no. 165/2001).

It is covered by INAIL provided that the route is direct, consistent, and not interrupted for personal reasons.

When it is considered a commuting accident

For INAIL to recognise a commuting accident, specific requirements must be met.

An accident is considered in itinere in the following cases:

1.Link to work

The journey must be connected to the work activity. What matters is not the working hours in the strict sense, but the purpose of the travel.

2.Usual route

The worker must follow the normal route, meaning the shortest or customary route. Unjustified deviations or detours for personal reasons may exclude protection.

Deviations are allowed if they are justifiable and consistent, meaning they are prompted by specific conditions of necessity:

• those made for constitutionally protected needs, including routes necessary to fulfil family or caregiving duties, for example taking children to school
• those made following the employer’s instructions
• those due to force majeure (for example a road closure, diverted traffic, a mechanical breakdown, etc.)
• those due to unforeseen contingent needs (illness or physiological needs)
• those made to fulfil obligations relevant under criminal law (for example stopping to assist victims of a road traffic accident)
• brief stops that do not alter the risk conditions.

3.Means of transport

Cover primarily applies to:

• use of public transport
• use of a bicycle or e-scooter, if consistent with the route
• travelling on foot

Use of one’s own vehicle is allowed only where it is “necessary” or reasonable, meaning where public transport is unavailable, too far away, or incompatible with working hours.

4.Sudden and violent event

It must be a traumatic event, such as a road traffic accident or a fall.

In-itinere cases not covered and “elective risk” (rischio elettivo)

INAIL does not cover the consequences of an accident if it occurs after a deviation made for personal or leisure purposes.

For example, it is considered a leisure deviation to stop for shopping before taking a child to school or before going to work.

Similarly, INAIL does not cover so-called “elective risk”, namely a risk unrelated to work that the worker chose to take arbitrarily.

Elective risk represents the point beyond which worker protection ends.

It is defined as voluntary, arbitrary, and unreasonable conduct by the worker, who decides to face a danger to satisfy personal impulses that are unrelated to work purposes or primary necessities.

In practice, if the injury occurs because of a choice that could have been avoided, INAIL will not pay.

Difference between a commuting accident and a workplace accident

A workplace accident occurs at the workplace, during working hours, while performing one’s duties.

A commuting accident occurs during the home-to-work journey, home-to-canteen journey, or between two workplaces.

Both are covered by INAIL, but a commuting accident requires the route to be usual, direct, and free from arbitrary deviations.

Key differences:

• Location: location is the primary criterion. A workplace accident happens within the company premises or at the workplace (which may vary, for example on construction sites); a commuting accident happens along the route, including travel to the canteen.
• Elective risk: recognition of a commuting accident is excluded if the worker undertook an “elective risk”, meaning an arbitrary choice (for example an unnecessary detour or the use of a dangerous mode of transport).
• Interruptions: the commuting route must not be interrupted or diverted for reasons unrelated to the journey (for example personal shopping). Deviations are accepted where due to force majeure or to take children to school.
• Transporting colleagues: a commuting accident is generally recognised even if the journey is shared to transport colleagues, provided it does not involve significant detours.

INAIL data 2025: a worrying increase in commuting accidents

INAIL data for the whole of 2025 confirm a critical trend for accidents occurring on the home-to-work route.

While claims for accidents “in the course of work” showed signs of stability or a slight decrease, the component linked to road mobility recorded significant increases.

Key figures for 2025

• Increase in accidents: commuting accident claims increased by 3.2% compared to 2024.
• Road fatalities: the most alarming figure concerns commuting fatalities, up by 4.6% (according to some sources, the rise in fatal cases reached peaks of 24.4% in certain periods of the year).
• Share of total: commuting accidents now represent 18.4% of all claims (excluding students), a clear increase compared to 16.9% recorded in 2019.

About 28% of all workplace fatalities in Italy in 2025 are attributable to road traffic accidents occurring while travelling to or from the workplace.

Most frequent causes of commuting accidents

The most common dynamics leading to commuting accidents include:

• slippery or uneven roads
• driver distraction
• motorbike and bicycle accidents
• pedestrians being hit
• adverse weather conditions

Workers on precarious contracts, logistics and delivery staff, and shift workers are particularly exposed.

Impact of commuting accidents on foreign workers

Foreign workers have the same rights as Italian citizens; however, it is also true that many do not report the accident or do not correctly complete the procedure, losing their entitlement to benefits.

Frequent critical issues:

• greater exposure to hazardous tasks
• language barriers
• fear of losing their job
• lack of knowledge of procedures

Please note: reporting an accident does not affect the residence permit.

Key points on the impact of commuting accidents for foreign workers

• Higher risk: studies show that foreign workers have a higher accident risk than native workers, both in workplaces and while travelling to reach them.
• High-risk sectors: the sectors with the highest incidence of accidents for foreign workers, including commuting accidents (often linked to shifts and logistics), are transport, warehousing, construction, and healthcare.
• Vulnerability factors: the greater impact is often linked to atypical working hours (night work or shifts), the use of private vehicles and longer routes, as well as possible language and informational barriers relating to safety.

In summary, foreign workers in Italy suffer a disproportionate share of commuting accidents, making targeted prevention measures on home-to-work routes crucial, especially for non-EU workers.

Liability and fault in commuting accidents

A commuting accident is covered by INAIL if it occurs on the direct home-to-work route, even where the worker is at fault, provided there is no “elective risk” (arbitrary and abnormal choices).

If a third party is responsible, the worker is entitled to full compensation (so-called differential damage, danno differenziale).

It is essential to document the route and timings in order to obtain the appropriate protections.

One of the most frequent doubts concerns liability.

Key points on liability and fault

• INAIL cover: INAIL protects the accident even in the presence of negligence, imprudence, or lack of skill by the worker, ensuring healthcare and financial benefits.
• Elective risk: protection is lost if the accident is caused by conduct that can be classified as “elective risk”: a reckless, voluntary choice unrelated to work needs (for example driving under the influence of alcohol, reckless detours for personal reasons).
• Third-party fault (road traffic accident): if the collision is caused by another driver, INAIL compensates the occupational damage, while the liable party’s motor insurance (RCA) covers additional losses (differential damage).
• Employer responsibility: the employer must insure the worker with INAIL.

The employer has no direct responsibility if the accident occurs in the worker’s own vehicle and on routes not controlled by the company, except where a company car is used or where the worker must travel on mandatory routes ordered by the employer.

The employer may be liable only where specific obligations are breached, for example excessive shifts causing driving fatigue may constitute indirect liability.

• Assessment elements: for cover, the route must be “direct” and “consistent” with the work activity; detours for personal purposes exclude the accident.
• Contributory negligence and exclusion cases: INAIL may reduce or deny protection in cases of:
  • voluntary, unnecessary detours
  • use of a private vehicle without necessity
  • driving under the influence of alcohol or drugs

Recent case law of the Court of Cassation, however, confirms a broad interpretation in the worker’s favour where the deviation is reasonable or necessary.

Compensation and benefits: how much is actually payable?

One of the most delicate aspects concerns the quantum, meaning how much compensation is payable after a commuting accident.

Many workers believe INAIL compensates everything. It does not.

Compensation consists of two parts: the INAIL benefit (for days of incapacity and permanent impairment) and any additional differential compensation from the liable party’s insurer.

Differential damage (danno differenziale)

INAIL compensation does not cover every head of loss.

That is where differential damage comes in, which can be claimed against:

• the third party responsible
• the employer, if liable

Compensable items include:

• moral damage
• existential damage
• loss of future earning capacity

What INAIL pays after a commuting accident

INAIL provides:

• temporary incapacity benefit
• annuity for permanent incapacity
• compensation for biological damage
• survivors’ pension in the event of death

Temporary Incapacity Benefit (INAIL)

If the accident results in absence from work, INAIL compensates the period of temporary total incapacity from the 4th day until recovery:

• From the 4th to the 90th day: 60% of the average daily wage.
• From the 91st day until recovery: 75% of the average daily wage.
• First 3 days (waiting period): usually paid by the employer under the applicable collective agreement (often at 100%), unless the contract provides otherwise.

Compensation for biological damage (permanent, INAIL)

If the accident causes permanent consequences (invalidity), INAIL compensates biological damage (periodically adjusted):

• Invalidity below 6%: no INAIL compensation (threshold).
• Invalidity between 6% and 15%: lump-sum payment (one-off) based on age and degree of impairment.
• Invalidity above 15-16%: monthly annuity.

Note: since 1 January 2019, tables have been in force providing increases of up to 40% for lump-sum compensation, confirmed in INAIL circulars in 2025.

Differential compensation (Motor Third-Party Insurance)

If the commuting accident is caused by a third party (road traffic accident), the worker is entitled to full compensation from the liable party’s insurer.

However, the amount already paid by INAIL must be deducted from the total compensation.

What can be claimed in addition (differential damage):

• Uncovered biological damage: the difference between what the insurer pays (often using the Milan Tables) and what INAIL pays.
• Pecuniary loss: unreimbursed medical expenses, loss of earnings.
• Moral damage: psychological and physical suffering.

Family members’ rights in the event of death

In the event of death in itinere, family members are entitled to:

• an INAIL annuity payable to survivors
• compensation for loss of relationship (danno parentale)
• moral damages

Step-by-step procedure to protect yourself

Reporting the accident

• The worker must inform the employer immediately.
• The INAIL report must be submitted by the employer within 48 hours.

Documentation

It is essential to gather:

• police reports
• medical reports
• emergency department documentation

Medico-legal assessment

A medico-legal expert opinion is decisive to quantify the damage.

Civil or criminal action

If there is a responsible party:

• a compensation claim is initiated
• in some cases, criminal proceedings are started

Specialist legal assistance makes the difference between minimal benefits and full compensation.

How an international law firm can help you

A commuting accident is not a marginal event.

It is one of the leading causes of death and disability linked to work.

Knowing your rights is the first step to avoid suffering a second injustice after the accident.

An international law firm can:

• Handle the complexity of a cross-border case: manage disputes where the worker, the company, or the insurer are in different countries, overcoming language and regulatory barriers.
• Secure recognition of the commuting accident: assist with the administrative process to have the incident recognised as an occupational accident, which is essential for INAIL benefits (or equivalent bodies abroad), even in complex cases (for example coffee breaks, deviations due to necessity).
• Bring actions against third parties: if the accident is caused by a third party (for example another driver), the law firm can start compensation procedures against the liable party’s insurer, often working in parallel with INAIL benefits (the mechanism of compensatio lucri cum damno).
• Provide legal support for Italians abroad: assist Italian citizens injured abroad, identifying the liable vehicle’s insurer, often through the support of information centres such as CONSAP.
• Provide assistance for foreigners in Italy: help foreign citizens obtain fair compensation for accidents occurring in Italy, managing local rules.
• Quantify and negotiate the damage: calculate losses precisely, including personal injury (biological damage, temporary and permanent harm) and loss of earnings, negotiating with insurers to obtain maximum compensation.
• Advise on means of transport: verify insurance cover depending on the transport used (authorised private vehicle, public transport, bicycle), which is essential for the validity of the claim.

Acting quickly, with professional support, makes it possible to obtain correct INAIL benefits and full compensation, including for family members and foreign workers.

Contact the international law firm Boccadutri for a no-obligation assessment of your case.

FAQ on commuting accidents

 
  
 
 
 
  
 
  
 
  
 
  
 
  
 
 
 
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Calogero Boccadutri

Calogero Boccadutri is the Managing Partner of Boccadutri International Law Firm. He has trial experience in Forex, Personal Injury and Administrative litigation.