人社部：涉及上下班途中、居家工作等，这些情形可认定工伤

Core Viewpoint - The Ministry of Human Resources and Social Security has issued new guidelines regarding the recognition of work-related injuries, expanding the definition of "work time" and "workplace" to include various scenarios such as commuting and remote work [1][2][3]. Group 1: Definition of Work Time - The recognition of "work time" should consider legally mandated hours, contractual agreements, and any time spent on tasks assigned by the employer, including overtime [1]. - The guidelines specify that commuting within a reasonable time and route between home and work is considered part of work time [3]. Group 2: Definition of Workplaces - "Workplace" is defined as areas related to the employee's job responsibilities, including locations where the employer can effectively manage work activities [2]. - The guidelines also include areas outside the primary workplace that are necessary for completing specific tasks [2]. Group 3: Causality and Work-Related Injuries - The determination of injuries as work-related must establish a causal link between the employee's duties and the injury sustained [2]. - Injuries occurring during reasonable breaks for basic physiological needs within a work context are also recognized [2]. Group 4: Remote Work Considerations - Employees working from home can have their injuries recognized as work-related if there is sufficient evidence that the injury occurred due to work tasks [4][5]. - Simple communications via modern technology do not qualify as work-related injuries [4]. Group 5: Labor Relations and Claims - The social insurance administrative department must confirm the employment relationship when processing injury claims, and disputes should be resolved through arbitration or litigation [5]. - Even in the absence of a formal employment relationship, claims can be made under specific circumstances, such as subcontracting violations [5]. Group 6: Adjustments to Benefits - Adjustments to disability allowances and care fees will be made based on the outcomes of labor capability assessments, while one-time disability compensation will not be adjusted [5]. Group 7: Implementation of Guidelines - The new guidelines will take effect immediately upon publication, superseding any previous inconsistent regulations [7].