Dormitories, shuttle transport, and commuting-accident workers' compensation for foreign workers (points to check for technical interns and specified skilled workers)

In short: An injury on the way from a company-provided dormitory to the site can be covered by workers' compensation as a commuting accident, if the dormitory is the worker's base of life (residence) and the travel is by a reasonable route and method (Article 7, paragraph 2, item 1 of the Industrial Accident Compensation Insurance Act). However, commuting does not include travel "of a work-related nature" (the main clause of the paragraph). An accident during travel in dedicated shuttle transport controlled and managed by the company can become an occupational-accident issue as travel of a work-related nature. When the dormitory and the workplace are on the same premises, where "commuting" begins changes. In all cases the final finding is made by the Labor Standards Inspection Office. The compensation procedure and native-language explanation are for a Shakai Hoken Roumushi; residence-status application agency is for a Gyoseishoshi; the dormitory lease is for a real estate company; a dispute over damages is for an attorney — each a separate business entity, contracted separately.

"Is an accident from the dormitory to the site also workers' compensation?" and "an accident in the shuttle car — is it a commuting accident or an accident at work?" — these are consultations from HR staff of companies that employ foreign workers, providing a dormitory and shuttle transport. This page is for HR staff of receiving companies that provide dormitories and shuttle transport for technical intern trainees and specified skilled workers, and it sorts out the entry-point division between a commuting accident and an occupational accident, in line with the statute. The final judgment on which one a particular accident is, is made by the Labor Standards Inspection Office and is outside the scope of this article.

Is an injury on the way from a company-provided dormitory to the site a commuting accident?

Workers' compensation insurance benefits are divided into those for occupational accidents, multiple-workplace occupational accidents, commuting accidents, and so on (Article 7, paragraph 1 of the Industrial Accident Compensation Insurance Act). Of these, "commuting" for a commuting accident means a worker's travel, in connection with work, between residence and the workplace and the like, by a reasonable route and method, excluding travel of a work-related nature (Article 7, paragraph 2, item 1 and the main clause).

• "Residence" here is judged by the reality, not by a formal registration; it means the place, such as a house, where the worker lives and uses for daily life, serving as the base for work
• When a worker lives in a company-provided dormitory and commutes to the site from there, if that dormitory is the base of life it falls under "residence," and the round trip between the dormitory and the workplace can be treated as commuting
• When a worker greatly deviates from a reasonable route (deviation), or interrupts the trip with an act unrelated to commuting, the travel after that is, in principle, no longer commuting (Article 7, paragraph 3)

The overall flow of accepting foreign workers is sorted out in whom to ask about foreign employment, and the continued receipt of compensation after returning home in compensation for a foreign worker's accident after returning home.

An accident in the company shuttle car — is it a commuting accident or an occupational accident?

The definition of commuting excludes travel "of a work-related nature" (the main clause of Article 7, paragraph 2 of the Industrial Accident Compensation Insurance Act). An accident while traveling in dedicated shuttle transport that the company provides under its control and management falls under this "travel of a work-related nature," and can be treated not as a commuting accident but as an occupational-accident issue.

Form of travel	Entry-point view
By public transport, private car, bicycle, or on foot that the worker chose, from dormitory to site	Examined under the commuting-accident framework
Travel in dedicated shuttle transport controlled and managed by the company	Can become an occupational-accident issue as travel of a work-related nature
There is shuttle transport, but use is optional and merely one commuting method	Judged individually as a commuting or occupational accident in line with the reality

Whether the shuttle can be said to be of a work-related nature changes with the reality: who arranges and bears the cost, whether use is effectively compulsory, and whether operation is under the business operator's direction and management. Because the treatment — the name of the benefit, whether there is a co-payment, and so on — changes depending on whether it is an occupational or a commuting accident, dividing at the entry point matters in practice. The final finding of which one it is, is made by the Labor Standards Inspection Office.

When the dormitory and the workplace are on the same premises, where does "commuting" begin?

Commuting is the "round trip between residence and the workplace" (Article 7, paragraph 2, item 1 of the Industrial Accident Compensation Insurance Act). If the dormitory and the workplace are in different places, the dormitory is the "residence" that is the starting point of commuting. On the other hand, when the dormitory and the workplace are on the same premises (the same site), the travel within the premises is under the business operator's facility management, so it may be sorted out separately from commuting.

• Travel from a dormitory outside the premises to the workplace is examined under the commuting framework as a round trip between residence and the workplace
• An accident during travel from a dormitory on the same premises to the workplace can become an occupational-accident issue, as an accident under the business operator's control and management
• Where the premises end and commuting on a public road begins varies with the layout of the facility and the point where the accident occurs

When the dormitory falls under a business-attached dormitory of the Labor Standards Act, creating and filing dormitory rules is a separate duty from the commuting-accident issue. This point is sorted out in the dormitory for foreign workers and filing of dormitory rules. Whether particular travel within the premises is commuting is a judgment in line with the reality.

How do you get a worker who struggles with Japanese to go through the compensation procedure?

A claim for workers' compensation insurance benefits is, in principle, made by the injured worker themselves (or, in the case of death, the bereaved family). That said, the business operator has a duty to assist with the claim procedure and a duty to certify, and must certify promptly when asked by the worker (Article 23 of the Ordinance for Enforcement of the Industrial Accident Compensation Insurance Act). For a worker who struggles with Japanese, the company's assistance is the practical key.

• Cooperate with the certification the company gives, such as filling in the employer-certification field of the claim form
• Prepare to explain the mechanism of the workers' compensation system and the flow of the claim in a language the worker can understand
• The claim procedure and the flow of the accident/illness report are sorted out in the workers' compensation procedure and the accident report

Even if the business operator does not respond to the certification, the worker can claim without it, and the final finding is made by the Labor Standards Inspection Office. Native-language explanation and arranging an interpreter are designed as part of putting the acceptance structure in order.

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When workers' compensation and auto insurance overlap, how do you sort out how to receive?

When a worker is injured by the act of a third party (the perpetrator), as in a traffic accident in the shuttle car or on the commute, the workers' compensation benefit and the damages from the perpetrator's side (compulsory and voluntary auto insurance) overlap. This is treated as a third-party-act accident, and is adjusted so that the same loss cannot be received doubly.

• If workers' compensation is received first, the government acquires, up to the value of that benefit, the victim's claim for damages against the perpetrator, and seeks reimbursement from the perpetrator's side
• If damages are received first from the perpetrator's side, workers' compensation benefits may not be paid up to that value
• Which to claim first, and how to treat parts not covered by workers' compensation such as consolation money, needs to be sorted out case by case

A dispute over the amount of damages or the proportion of negligence itself is the field of an attorney (a separate business entity, contracted separately). A Shakai Hoken Roumushi handles the workers' compensation claim procedure and the third-party-act accident report. Which way of receiving is appropriate is confirmed according to the specifics of the accident.

What can 四葉社会保険労務士事務所 do?

四葉社会保険労務士事務所, in Kohinata, Bunkyo City, handles sorting out the entry-point division between a commuting accident and an occupational accident, the workers' compensation claim procedure and the third-party-act accident report, putting the acceptance structure in order including native-language explanation of the system and interpreter arrangements for foreign workers, and designing labor management related to dormitories and shuttle transport. Residence-status application agency is handled by a Gyoseishoshi, the building and lease of the dormitory by a real estate company, and a dispute over damages or settlement by an attorney — each a separate business entity from this office, contracted separately. This office handles the workers' compensation and labor-management side. Consultation is free. For fees, see the fee schedule; for frequently asked questions, see the FAQ.

Frequently asked questions

Q. Is an accident during travel from the dormitory to the site always a commuting accident?
A. Not always. If the dormitory is the worker's base of life (residence) and the travel is by a reasonable route and method, it can be covered as a commuting accident (Article 7, paragraph 2, item 1 of the Industrial Accident Compensation Insurance Act). However, travel in shuttle transport controlled and managed by the company can become an occupational-accident issue as "travel of a work-related nature," and travel on the same premises can be treated as an accident under the business operator's management. The final finding is made by the Labor Standards Inspection Office.

Q. If I have an accident in the company shuttle car, is it a commuting accident or an occupational accident?
A. It changes with whether the shuttle can be said to be "travel of a work-related nature." If the company arranges and bears the cost, use is effectively compulsory, and operation is under the business operator's direction and management, it can become an occupational-accident issue. Conversely, where use is optional and merely one commuting method, it may be examined as a commuting accident. It is judged individually in line with the reality, and the finding is made by the Labor Standards Inspection Office.

Q. When the dormitory and the workplace are on the same premises, where does commuting begin?
A. When the dormitory and the workplace are on the same premises, the travel within the premises is under the business operator's facility management, so it may be sorted out separately from commuting. Travel from a dormitory outside the premises to the workplace is examined under the commuting framework as a round trip between residence and the workplace. Where the premises end varies with the facility layout and the point where the accident occurs.

Q. May the company do the compensation procedure for an employee who cannot speak Japanese?
A. The claim is in principle made by the worker (or bereaved family), but the business operator has a duty to assist with the claim procedure and a duty to certify (Article 23 of the Ordinance for Enforcement of the Industrial Accident Compensation Insurance Act). For a worker who struggles with Japanese, cooperation with the certification on the claim form and native-language explanation of the system are a practical help. Even if the business operator does not respond to the certification, the worker can claim without it, and the finding is made by the Labor Standards Inspection Office.

The basis for this article

• Industrial Accident Compensation Insurance Act (Act No. 50 of 1947) Article 7, paragraph 1 = benefits are for occupational accidents, multiple-workplace occupational accidents, commuting accidents, and secondary-health-examination benefits / Article 7, paragraph 2, main clause = commuting is travel, in connection with work, by a reasonable route and method, excluding travel of a work-related nature / item 1 = the round trip between residence and the workplace / Article 7, paragraph 3 = travel after a deviation or interruption is, in principle, not commuting (with an unavoidable, minimal exception for acts necessary for daily life)
• The treatment of "travel of a work-related nature" = travel in dedicated shuttle transport and the like under the business operator's control and management is excluded from commuting and can become an occupational-accident issue. Travel on the same premises (under the business operator's facility management) may also be sorted out separately from commuting. In all cases, the individual finding is made by the Labor Standards Inspection Office
• Ordinance for Enforcement of the Industrial Accident Compensation Insurance Act (Ministry of Labour Ordinance No. 22 of 1955) Article 23 = the business operator's duty to assist (paragraph 1) and duty to certify (paragraph 2). When certification needed for the benefit is requested by the worker, the operator certifies promptly
• Adjustment of a third-party-act accident = the same loss cannot be received doubly from the workers' compensation benefit and the perpetrator's damages. If workers' compensation comes first, the government acquires a right of reimbursement; if damages come first, benefits may not be paid (the purport of Article 12-4 of the Industrial Accident Compensation Insurance Act). A dispute over amount or proportion of negligence is the field of an attorney
• Provisions are confirmed via the e-Gov Law Search (referred as of 7 October 2026)

This article does not conclude whether a particular accident is a commuting or an occupational accident. The workers' compensation claim procedure, the third-party-act accident report, putting the acceptance structure in order, and labor management are the work of a Shakai Hoken Roumushi. Residence-status application agency is the work of a Gyoseishoshi, the dormitory lease that of a real estate company, and a dispute over damages that of an attorney (each a separate business entity from this office, contracted separately). For fees when consulting 四葉社会保険労務士事務所, see the fee schedule; for frequently asked questions, see the FAQ.

This article is general information. A judgment on individual circumstances is made by a qualified professional after a consultation. Written by Joji Uramatsu (Shakai Hoken Roumushi, Gyoseishoshi, Registered Real Estate Transaction Specialist).