Core Viewpoint - The Ministry of Human Resources and Social Security has released opinions to clarify the implementation of the Work Injury Insurance Regulations, aiming to better protect the legitimate rights and interests of employees and employers [2]. Group 1: Work Injury Recognition - The opinions specify five scenarios for work injury recognition, including medical malpractice during treatment, injuries while working from home, and non-responsible traffic accidents during commutes [3]. - Commuting is defined as traveling between the workplace and residence within a reasonable time and route, including trips to family residences [4]. - Reasonable time and route considerations exclude personal activities or handling private matters during commutes [5]. Group 2: Home Office Work Injury Recognition - Injuries sustained while working from home, as arranged by the employer, can be recognized as work injuries if there is sufficient evidence proving the injury was work-related [6]. - Simple communication via modern tools like WeChat or email does not qualify as work-related injuries due to their temporary and incidental nature [6]. - Sudden illnesses at home may be considered work-related if they are proven to be in line with the employer's 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, drug use, self-harm, or suicide 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 outcomes that are not caused by work accidents or occupational diseases do not fall under the work injury insurance fund [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 disputes, applicants are advised to seek confirmation through arbitration or litigation [8]. - The department is required to accept applications for work injury recognition from workers in illegal subcontracting situations, thereby protecting their rights [8].
官方明确!居家期间因工作原因受伤可认定工伤
新浪财经·2025-11-21 09:44