An accident on the way to or from work is not automatically treated as an occupational accident. Bulgarian law nevertheless provides special protection where an injury occurs on the usual route and the other statutory requirements are met. This article explains the practical first steps and the documents that may prove decisive.

When can an accident on the way to work be recognised?

The Bulgarian Social Security Code also covers accidents occurring on the usual journey to or from work between the workplace and the main home, another permanent place of residence, the place where the person usually eats during the working day, or the place where they receive their pay.

This does not mean that every commuting accident will necessarily be recognised. The particular route, the reason for any detour, the timing, documents and other evidence must be considered. For this reason, an accident on the way to work should be assessed separately from the usual cases of injury at the workplace.

What should you do immediately after the accident?

First: seek medical assistance and describe the facts accurately

Your health comes first. During the examination, explain accurately that the accident happened on the way to or from work, if that is what occurred. Medical records alone do not determine whether the incident is an occupational accident, but an inaccurate account can make it harder to establish the facts later. Keep discharge summaries, outpatient records, sick leave certificates and all documents issued during treatment.

Second: notify your employer in writing

Send a brief written notification stating the date, time, place and circumstances. Do not rely solely on a verbal conversation. Keep a copy and evidence that it was sent.

Third: collect and preserve evidence

Useful evidence may include route information, official reports, witnesses, photographs, details of a call to 112, documents from a transport operator and correspondence with your employer. Do not alter or destroy the original files.

Reporting an occupational accident

The employer responsible for social insurance, or the user undertaking in the case of temporary agency work, must report the occupational accident to the local office of the National Social Security Institute (NSSI) within five working days of learning of it. If this is not done, the injured person or their heirs may submit a declaration within one year of the accident. The NSSI procedure and assessment depend on the specific facts.

What rights may the injured person have?

The consequences may involve social insurance, employment law and insurance claims. Where the legal requirements are met, the employer’s liability for compensation may also arise. Each claim depends on the causes of the accident, the employment relationship, the medical consequences and the evidence.

For assistance with documents, proceedings before the NSSI or a dispute, see our services concerning workplace accidents and employment law. Learn more about our team and practice on the home page.

Important

This article provides general information and does not replace advice on an individual case. Following an accident, deadlines and evidence may be decisive.