Freezing rain, ice, and the Labour Code: what to do if injured on the way to work?

Under certain conditions, with freezing rain and ground frost, the streets of Vilnius resemble a skating rink more than a pavement – ice, freezing rain, and slippery stairs become a daily reality. In such weather, getting injured on the way to or from work is a simple matter. However, a less obvious question arises: is such an incident merely a “private misfortune,” or can it be considered a work-related accident? Therefore, it is worth recalling how the Labour Code treats such events and what duties and rights arise for the employer and the employee if an accident occurs on the way to or from work. Brigida Bacienė, a labour law expert, comments.

If an employee is injured while travelling to work or returning home, such an event may be recognised as an accident related to work. It is crucial that the employer is informed as soon as possible – this can be done by the employee themselves or their relatives if the employee is unable to do so due to their health condition.

Upon receiving the information, the employer must organise an investigation of the incident and form a bilateral commission – usually consisting of an employer’s representative and an employees’ representative for occupational safety and health. Such a commission is formed and operates in the same way as when investigating accidents at work where the injury is not severe. The commission clarifies whether the incident actually occurred on the way to or from work: whether the employee was walking or driving along a usual, logical route, whether it was a working day, and whether the time of the incident corresponds to the employee’s work schedule. The injured employee is interviewed (if their health condition allows), as are potential witnesses, and medical certificates and other available circumstances are evaluated.

If it is determined that the incident meets the criteria for an accident on the way to or from work, the results of the investigation are documented in an N-2 form report. This report is submitted to the State Labour Inspectorate (VDI), which then transfers it to “Sodra” (the State Social Insurance Fund). It is this document that serves as the basis for the injured employee to receive social guarantees and higher benefits than in the case of standard temporary incapacity for work – starting from the first day and at a more favourable rate.

In practice, the interests of the employer and the employee often clash. For the employee, the recognition of the incident as an accident on the way to work is financially beneficial as it provides better social guarantees. Meanwhile, employers sometimes avoid documenting such events because the drafting of an N-2 report means that the VDI will not only receive information about the incident but may also inspect whether the employer is properly fulfilling their duties in the field of occupational safety and health. For example, if an employee slips and is injured at the workplace gates, an assessment may be made as to whether the employer ensured the area was sanded and safe.

On the other hand, if a person slips near their home entrance or a shopping centre, it is clear that this is not within the employer’s area of responsibility. Therefore, each case is assessed individually: location, time, route, and factual circumstances are key.

In short, the employer’s duty is not to “close their eyes” but to properly investigate the incident, document it, and report it to the responsible institutions. For the employee, it is important to know that an accident on the way to or from work is not just a “personal trouble” – if properly documented, it can lead to significantly better social protection in the event of health impairment.