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The concept of an \u201coccupational accident\u201d is traditionally associated with an incident that occurs during work<\/strong> or in connection with the performance of work duties<\/strong>. In practice, however, a particularly controversial question arises: According to Article 55, paragraph 1 of the Social Security Code (SSC)<\/strong>, an occupational accident is \u201cany 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.\u201d The Supreme Court of Cassation<\/strong> consistently holds that an accident occurring on the way from home to work (or vice versa) may be classified as an occupational accident<\/strong> if there is a functional connection<\/strong> with the employee\u2019s work activity. on the usual route the employee takes every day;<\/p>\n<\/li>\n within a reasonable time before or after working hours;<\/p>\n<\/li>\n without interruptions, deviations, or actions unrelated to commuting to or from work.<\/p>\n<\/li>\n<\/ul>\n If these conditions are met, the incident is considered to have occurred \u201con the occasion of the employee\u2019s work\u201d<\/strong> and is therefore recognized as an occupational accident<\/strong>.<\/p>\n 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\u2019s work duties.<\/p>\n There are court cases in which an accident is not recognized as occupational<\/strong> if the employee:<\/p>\n made a deviation from the usual route (for example, stopped at a store, bank, or personal errand);<\/p>\n<\/li>\n was traveling with a significant delay after the end of the workday;<\/p>\n<\/li>\n used transport not related to commuting to work.<\/p>\n<\/li>\n<\/ul>\n However, the Supreme Court of Cassation emphasizes<\/strong> that every situation must be assessed individually<\/strong>, 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.<\/p>\n In some European jurisdictions (such as Germany, Austria, and France), the route to work<\/strong> is also recognized as part of the employment relationship, but under stricter conditions \u2014 such as specific time limits or mandatory routes. The Supreme Court of Cassation<\/strong> has thus adopted a functional rather than formal approach<\/strong>, in order to protect workers in the realities of the modern work environment.<\/p>\n An occupational accident \u201con the way\u201d is recognized under Bulgarian law and case law, as long as there is a clear connection between the journey and the employee\u2019s work duties. 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.<\/p>\n
Can an incident that occurs on the way between an employee\u2019s home and workplace be considered an occupational accident?<\/strong><\/p>\nLegal Framework and Interpretation<\/h3>\n
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)<\/strong> and the National Social Security Institute (NSSI)<\/strong>.<\/p>\nCase Law: The Position of the Supreme Court of Cassation<\/h3>\n
This means that the incident must have occurred:<\/p>\n\n
Practical Cases and Limitations<\/h3>\n
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European Context<\/h3>\n
The Bulgarian model is more flexible<\/strong>, focusing on the connection between the journey and the work function rather than on formal time or route restrictions.<\/p>\nConclusion<\/h3>\n
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.<\/p>\n