Occupational Accident on the Way Between Home and Workplace

The concept of an “occupational accident” is traditionally associated with an incident that occurs during work or in connection with the performance of work duties. In practice, however, a particularly controversial question arises:
Can an incident that occurs on the way between an employee’s home and workplace be considered an occupational accident?

Legal Framework and Interpretation

According to Article 55, paragraph 1 of the Social Security Code (SSC), an occupational accident is “any sudden impairment of health occurring during and in connection with or on the occasion of the work performed, as well as during any work performed in the interest of the enterprise.”
At first glance, the text does not explicitly include commuting between home and the workplace. This is why different interpretations have arisen in practice, which have been clarified through decisions of the Supreme Court of Cassation (SCC) and the National Social Security Institute (NSSI).

Case Law: The Position of the Supreme Court of Cassation

The Supreme Court of Cassation consistently holds that an accident occurring on the way from home to work (or vice versa) may be classified as an occupational accident if there is a functional connection with the employee’s work activity.
This means that the incident must have occurred:

• on the usual route the employee takes every day;

• within a reasonable time before or after working hours;

• without interruptions, deviations, or actions unrelated to commuting to or from work.

If these conditions are met, the incident is considered to have occurred “on the occasion of the employee’s work” and is therefore recognized as an occupational accident.

For example, if an employee is returning home from work and is injured in a traffic accident on their usual route, the NSSI and the court may recognize the event as an occupational accident, provided that the movement was directly related to the employee’s work duties.

Practical Cases and Limitations

There are court cases in which an accident is not recognized as occupational if the employee:

• made a deviation from the usual route (for example, stopped at a store, bank, or personal errand);

• was traveling with a significant delay after the end of the workday;

• used transport not related to commuting to work.

However, the Supreme Court of Cassation emphasizes that every situation must be assessed individually, according to the facts and evidence. The aim of the law is to ensure the protection of workers in all travel that is truly related to work performance.

European Context

In some European jurisdictions (such as Germany, Austria, and France), the route to work is also recognized as part of the employment relationship, but under stricter conditions — such as specific time limits or mandatory routes.
The Bulgarian model is more flexible, focusing on the connection between the journey and the work function rather than on formal time or route restrictions.

The Supreme Court of Cassation has thus adopted a functional rather than formal approach, in order to protect workers in the realities of the modern work environment.

Conclusion

An occupational accident “on the way” is recognized under Bulgarian law and case law, as long as there is a clear connection between the journey and the employee’s work duties.
The worker is entitled to social security compensation and protection, even when the incident did not occur at the physical workplace but during their usual commute.

This article is for informational purposes only and does not constitute legal advice from attorney Mihail Tomov. For a specific case involving an occupational accident, an individual legal consultation is required.