Work Accident on the Way to a Canteen

For the purposes of the Labour Code, accident at work shall mean the harm to health or death of an employee if it occurred independently on employee's will due to the brief, sudden and forceful influence of external effects in the performance of working tasks or in direct connection therewith.

Is it possible to consider an accident that happened on the way to (from) a canteen as an accident at work with regard to the above mentioned definition of the work accident?

It may be difficult to assess whether the accident was caused within the performance of working tasks or in direct connection therewith.

The catering itself is not an act in direct connection with the performance of working tasks, but the way to (from) a canteen can be considered as an accident at work in accordance with the practice of the courts.

The key fact is the place of the accident – whether it happened on the premises of the employer or not. The premises of the employer mean space in the sphere of disposition of the employer, where the employee is obliged to follow the instructions of the employer regarding occupational health and safety protection.

If the employee suffers an accident during his working hours on his way to (from) the canteen on the premises of the employer, it would be considered as an act in direct connection with the performance of working tasks, i.e. as the accident at work.