上下班途中、居家工作,哪些情形可认定工伤(民生一线)
Ren Min Ri Bao·2025-11-23 22:20

Core Viewpoint - The Ministry of Human Resources and Social Security has issued "Opinions (III)" to clarify and specify the recognition of work-related injuries, particularly concerning commuting and remote work situations, enhancing the understanding and application of the Work Injury Insurance Regulations [1][2]. Group 1: Background and Significance - Work injury insurance is a social insurance system that protects employees' rights, promotes injury prevention, and mitigates employers' risks. Since the implementation of the Work Injury Insurance Regulations, over 2 million employees have received work injury protection annually [2]. - The issuance of "Opinions (III)" aims to further clarify the understanding and application of the regulations, improving administrative efficiency and safeguarding the rights of both employees and employers [2]. Group 2: Specific Clarifications on Work Injury Recognition - The opinions detail the elements required for work injury recognition, including "work time, work location, and work cause," providing clearer definitions to protect employee rights [2][3]. - It specifies that commuting injuries are recognized if employees travel between their workplace and residence within a reasonable time and route, detailing four specific scenarios to ensure fair treatment of both employees and employers [3]. Group 3: Medical and Remote Work Injury Recognition - The opinions clarify that medical malpractice during treatment does not affect the original work injury recognition, ensuring that employees' rights are upheld even in cases of medical negligence [4]. - For remote work, injuries sustained while working from home, as long as they are work-related and supported by sufficient evidence, will be recognized as work injuries. However, casual communications through modern means are not considered work-related [4]. Group 4: Exclusions and Traffic Accident Recognition - Injuries resulting from an employee's intentional criminal acts, intoxication, drug use, self-harm, or suicide are explicitly excluded from work injury recognition [5]. - The criteria for recognizing work injuries from traffic accidents are clarified, requiring legal documentation from relevant authorities to substantiate claims [5]. Group 5: Labor Relationship Confirmation and Treatment Policies - The opinions mandate that social insurance administrative departments confirm labor relationships when processing work injury claims, providing guidance for cases with disputes [6]. - Adjustments to benefits are specified when there are changes in the assessment of an employee's work capacity, ensuring that compensation aligns with the latest evaluations [7].