女子上班先送娃路上被撞,因送娃与上班路线为反方向,人社局称不算工伤,法院:送娃上学是生活必需,需重新认定
Xin Lang Cai Jing·2026-01-18 07:07

Core Viewpoint - The case revolves around the determination of whether an injury sustained by an employee while taking their child to school can be classified as a work-related injury under the Workers' Compensation Insurance Regulations, despite the route being in the opposite direction of the employee's workplace [1][2]. Group 1: Incident Details - On October 8, 2024, an employee named Chen was involved in a traffic accident while riding an electric bicycle to drop off their child at school, resulting in serious injuries [1]. - The accident was determined to be the fault of another driver, Yang, who was found to be fully responsible for the incident [1]. Group 2: Initial Decision and Legal Proceedings - On November 29, 2024, the local human resources bureau denied Chen's application for work injury recognition, stating that the route taken was not aligned with the employee's commute to work [1]. - Chen contested this decision in court, leading to a first-instance ruling that overturned the bureau's decision and mandated a reevaluation [2]. Group 3: Court's Reasoning - The court emphasized three key factors for determining the legitimacy of a route taken during a commute: the purpose of the trip (to work), the reasonableness of the time taken, and the rationality of the route [2]. - The court concluded that Chen's actions of dropping off their child were necessary for daily life and did not deviate from the primary purpose of commuting to work, thus supporting the claim for work injury recognition [2][3]. Group 4: Final Ruling - The second-instance ruling upheld the original decision, confirming that the injury should be recognized as a work-related injury based on the criteria established in the Workers' Compensation Insurance Regulations [3].

女子上班先送娃路上被撞,因送娃与上班路线为反方向,人社局称不算工伤,法院:送娃上学是生活必需,需重新认定 - Reportify