Commuting accidents in Brazil: are they work accidents?
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An accident on the way between home and work counts as a work accident for the INSS (Law 8,213, art. 21). When there is a CAT, job security and FGTS.
Yes, for social security. An accident on the way between home and work, or back, is treated as a work accident (Law 8,213/1991, art. 21, IV, "d"). The employer must issue a CAT report and, if leave exceeds 15 days with a work-related benefit, the employee has 12 months of job security after returning and keeps receiving FGTS deposits during the leave.
Quick summary
- Coverage: the usual route between home and work, by any means of transport.
- CAT: must be issued by the employer by the next business day.
- INSS: work-related benefit (B91) from day 16 of leave.
- Job security: 12 months after the work-related benefit ends.
- Employer compensation: as a rule no, unless the employer contributed to the accident, as with transport it provided.
What counts as the commute
The normal route between home and work, including going home for lunch during the break, is covered. Long detours for personal reasons may rule it out. The INSS assesses each case.
What to do after the accident
- Get medical care and keep the medical attendance record.
- File a police report for traffic accidents or violence.
- Inform the employer and ask for the CAT.
- If the employer does not issue it, the worker, dependents, the union or a doctor can.
Frequently asked questions
Does a motorbike accident on the way to work give job security?
If it leads to more than 15 days of leave with a work-related benefit, yes: 12 months after returning.
Must the employer compensate me for a commuting accident?
As a rule, no, because it has no control over the route. It may be liable if it provided the transport or was at fault.
Is the commuting accident rule still valid after the reform?
Yes. The provisional measure that tried to remove commuting from the law expired in 2020, and the rule remains in Law 8,213.
Read more in this series
- Work accidents
- INSS accident allowance
- Monthly pension for work accidents
- Index: complete guide to labor rights
Topic: this guide is part of Health, safety and leave at work, with all the guides on the subject.
Official sources consulted
Informational content, updated in October 2026. This does not replace an individual analysis of your case.
Informational content produced by the Human Case editorial team based on official public sources. Does not replace individual advice.
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