In a judgment dated December 10, 2007, the Supreme Court's work section judged that a traffic accident happened on the way to and from work (if there is no cafeteria) during the lunch break, must be considered as an industrial traffic accident (*) which must then be compensated, unless this drive is covered by public transportation with a frequency rate compatible with the break's hours. (Ref. 080070)
A bank clerk filed for compensation against the INAIL (the national insurance institute against industrial accidents) after an accident which happened while he was biking from work to home during his lunch break. The employee justified using his own vehicle because public transports’ frequency rate did not allow him to go back and forth during the break’s interval. The Inail had refused to compensate him on the grounds that he did not need to use his own vehicle since he could use public transp
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