工伤认定新规明确“模糊地带”判断依据——为参保职工筑牢权益保障网

Core Viewpoint - The Ministry of Human Resources and Social Security has issued "Opinions (III)" to clarify the ambiguous areas in the recognition of work-related injuries, adapting to changes in employment practices in the digital age and strengthening the protection of insured individuals' rights [1][4]. Group 1: Work Injury Insurance Context - Work injury insurance is one of the earliest established social insurance systems globally, with China implementing its Work Injury Insurance Regulations in 2004. Currently, there are 304 million insured individuals, with over 2 million workers receiving protection annually [1][2]. - Among the insured, over 90 million are migrant workers, a key demographic for preventing work-related injuries and occupational diseases [2]. Group 2: Clarifications on Work Injury Recognition - The new regulations clarify that injuries sustained while working from home, if proven to be work-related and required by the employer, will be recognized as work injuries. However, casual communication through modern means does not qualify [2][3]. - The definition of "commuting" has been refined, allowing for injuries sustained during reasonable travel between home and work to be recognized as work injuries, including specific scenarios such as traveling to a spouse's or child's residence [3][4]. Group 3: Implications for Employers and Employees - The new rules emphasize the need for employers to enhance compliance awareness and manage subcontracting and remote work practices to reduce disputes over work injuries [4]. - Employees are encouraged to maintain records of overtime and work communications to support their claims for work injury recognition [4].