Accidente de trabajo in itinere : concepto, estudio jurisprudencial y perspectiva de género

López Arteseros, Marina

Accidente de trabajo in itinere : concepto, estudio jurisprudencial y perspectiva de género

Citation

López Arteseros, M. Accidente de trabajo in itinere : concepto, estudio jurisprudencial y perspectiva de género. 2020. handle: http://hdl.handle.net/10230/45305

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Abstract

The concept of in itinere accident emerges from a jurisprudential construction, as a consequence of an expansive interpretation of the concept of workplace accident. What I am trying to analyze in this paper are those specific elements that differentiate it from the concept of a work time accident, according to a precise analysis of the most recent jurisprudence. For this, I will mention four specific aspects that must be fulfilled in any accident to be considered as in itinere: teleological, geographic, chronological and mechanical element. Subsequently, taking into account the data obtained from the Spanish National Statistics Institute, it has been observed that 54% of the accidents in itinere that occurred in 2019 were suffered by women, while in work time accidents this percentage is only 28%. Thus, it would seem necessary to analyze the reasons for this substantial difference. The main cause of this is the greater number of women doing part-time jobs, compared to their male colleagues (25% compared to 4% in 2018).Furthermore, we can see that the main reason why female workers decide to use this type of part-time contract is to facilitate the care of children or dependent people.