Workflow
上下班途中、居家工作,哪些情形可认定工伤
Ren Min Ri Bao·2025-11-24 00:57

Core Viewpoint - The Ministry of Human Resources and Social Security has issued "Opinions (III)" to clarify the recognition of work-related injuries during commuting and remote work, enhancing the understanding and application of the Work Injury Insurance Regulations [1][2]. Group 1: Clarification of Work Injury Recognition - The document specifies the three essential elements for recognizing work injuries: working time, working location, and working cause, providing detailed scenarios for each to protect employee rights [2]. - It outlines specific circumstances for commuting injuries, defining reasonable time and routes for employees traveling between their workplace and residence [2]. - It clarifies that medical malpractice during treatment does not affect the original recognition of work-related injuries, although compensation for malpractice is not covered by work injury insurance [2][3]. Group 2: Remote Work and Injury Recognition - The document states that injuries sustained while working from home, under employer direction, can be recognized as work-related if sufficient evidence is provided, but casual communication does not qualify [3]. - It specifies that if an employee falls ill at home while working, it can be considered work time if it aligns with the employer's requirements and significantly encroaches on rest time [3]. Group 3: Exclusions and Responsibilities - Injuries resulting from the employee's intentional misconduct, intoxication, or self-harm are explicitly excluded from work injury recognition [3]. - The document establishes that non-primary responsibility for traffic accidents must be validated by legal documents from relevant authorities for recognition as work-related injuries [4]. Group 4: Death and Labor Relationship Confirmation - It clarifies that the time of death for work-related injuries is determined by medical or legal documentation, with provisions for other evidence to be considered [5]. - The document mandates that social insurance authorities confirm the labor relationship when processing work injury claims, and disputes should be resolved through arbitration or litigation [6]. Group 5: Treatment Policy Adjustments - It specifies that changes in disability assessment levels will lead to adjustments in benefits, effective from the month following the final assessment [6]. - The document also clarifies that employers who fail to register or pay for work injury insurance are still responsible for related costs [6].