上下班途中、居家工作，哪些情形可认定工伤（民生一线） 人力资源和社会保障部工伤保险司负责同志解读《关于执行〈工伤保险条例〉若干问题的意见（三）》

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, improve administrative law enforcement, and protect the legitimate rights of employees and employers [2]. Group 2: Specific Clarifications on Work Injury Recognition - The opinions detail the elements required for work injury recognition, including "working time, working place, and working cause," providing specific scenarios to aid in understanding and application [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 balance the rights of employees and employers [3]. Group 3: Medical and Remote Work Provisions - The opinions clarify that medical malpractice during treatment does not affect the recognition of the original work injury, but compensation for malpractice is not covered by the work injury insurance fund [4]. - For remote work, injuries sustained during work-related tasks at home are recognized if there is sufficient evidence proving the injury occurred due to work, while casual communications via modern technology are not considered work-related [4]. Group 4: Exclusions and Traffic Accident Recognition - Injuries resulting from the employee's intentional criminal acts, intoxication, drug use, self-harm, or suicide are not recognized as work injuries [5]. - For traffic accidents where the employee is not primarily at fault, recognition requires legal documentation from traffic management or court rulings, and unproven accidents will not be recognized [5]. Group 5: Labor Relationship Confirmation and Treatment Policies - The opinions state that social insurance administrative departments must confirm the labor relationship when processing work injury recognition applications, and disputes should be resolved through arbitration or litigation [6]. - Adjustments to benefits are mandated when there are changes in the labor capacity assessment, with specific provisions for new expenses related to employers' insurance obligations [7].