Core Points - The Ministry of Human Resources and Social Security has released opinions to address practical issues in the implementation of the Work Injury Insurance Regulations, aiming to better protect the legal rights of employees and employers [2] Group 1: Work Injury Recognition - The opinions clarify five scenarios for work injury recognition, including medical malpractice during treatment, injuries while working from home, and non-responsible traffic accidents during commutes [3][6] - The definition of "commuting" includes reasonable routes taken within a reasonable time between the workplace and residence, as well as other related locations [4] - Reasonable time and route considerations should exclude personal activities or matters unrelated to work [5] Group 2: Home Office and Work Injury - Injuries sustained while working from home, if proven to be work-related, should not be affected by the home working status [6] - Simple communication through modern tools like WeChat or email does not qualify as work-related injuries [6] - Sudden illnesses at home can be considered work-related if they are proven to be in line with work requirements and significantly occupy the employee's rest time [6] Group 3: Non-Recognition of Work Injuries - Injuries resulting from the employee's intentional criminal acts, intoxication, or self-harm are not recognized as work injuries [7] - For non-responsible traffic accidents, recognition depends on legal documents from traffic management authorities or court rulings [7] - Medical malpractice that does not stem from the original work injury or occupational disease is not covered by work injury insurance [7] Group 4: Labor Relationship Confirmation - The social insurance administrative department must confirm the labor relationship when deciding on work injury recognition applications [8] - In cases of disputed labor relationships, applicants are advised to seek arbitration or litigation [8] - Employers involved in illegal subcontracting or similar practices are held responsible for work injury insurance, ensuring better protection for affected workers [8]
官方明确!居家期间因工作原因受伤可认定工伤
中国基金报·2025-11-20 12:09