Core Viewpoint - The new regulations released by the Ministry of Human Resources and Social Security on November 20 aim to clarify the recognition of work-related injuries, particularly in scenarios such as commuting and remote work, thereby protecting the legal rights of employees and employers [1][2][3]. Group 1: Work Injury Recognition - The new guidelines specify that injuries occurring during commuting, under reasonable circumstances and routes, can be recognized as work-related injuries, especially in cases of non-major responsibility in traffic accidents [1]. - For remote work, injuries sustained during work hours, as mandated by the employer, can be recognized as work-related if there is sufficient evidence proving the work-related nature of the injury [3]. - The guidelines also address the issue of medical malpractice during treatment for work-related injuries, clarifying that such malpractice does not affect the original recognition of the work injury, but related medical costs due to malpractice are not covered by the work injury insurance fund [2]. Group 2: Responsibilities and Adjustments - The new regulations clarify that in cases of illegal subcontracting or personal affiliations, the responsible parties must bear the work injury insurance liability, and applications for work injury recognition in such cases will be accepted by social insurance administrative departments [3]. - Adjustments to benefits for injured workers will be made based on changes in disability assessment results, with allowances and care fees adjusted from the month following the final assessment, while one-time disability compensation remains unchanged [4].

来源： 央视新闻微信公众号 11月20日，人力资源和社会保障部对外发布关于执行《工伤保险条例》若干问题的意见（三）， 进一步解决工伤保险实践问题，更好保障职工和用人单位合法权益。 居家办公期间如何认定工伤？ 工伤的核心是由于工作原因受到事故伤害。 《意见（三）》明确，按照单位安排居家办公，有充分 证据证明职工居家工作期间确因工作原因受到事故伤害的，不应因在家工作而影响认定工伤。 但利用微信、电话、邮件等现代通讯方式进行简单工作沟通，具有临时性和偶发性的，不视为工作 原因。 意见（三）明确职工工伤医疗救治中受到医疗侵权、居家工作、上下班途中发生非本人主要责任交 通事故等5类情形工伤认定及认定依据。 其中包括： 哪些情形属于上下班途中？ 职工以上下班为目的、在合理时间内往返于工作单位和居住地之间的合理路线，属于上下班途中。 包括： 职工因工作原因受到事故伤害或患职业病，在治疗过程中，医疗机构的医疗侵权并不影响原工 伤事故或职业病的工伤认定； 按照单位安排居家办公，有充分证据证明职工居家工作期间确因工作原因受到事故伤害的，不 应因在家工作而影响认定工伤； 对于上下班途中发生非本人主要责任交通事故，"非本人主要责任" ...

中国官方明确：居家工作期间因工作原因受伤应当认定工伤 中新社北京11月20日电 (记者 谢雁冰)中国人力资源和社会保障部20日对外发布关于执行《工伤保险条 例》若干问题的意见(三)(以下简称"《意见(三)》")，细化工伤认定的"工作时间、工作场所、工作原 因"和职工"上下班途中"的具体情形等。 《意见(三)》明确居家工作工伤认定有关规定。其中明确，职工按照单位安排居家办公，有充分证据证 明职工居家工作期间确因工作原因受到事故伤害的，不应因在家工作而影响认定工伤。但利用微信、电 话、邮件等现代通讯方式进行简单工作沟通，具有临时性和偶发性的，不应视为工作原因。 《意见(三)》同时指出，对于职工在家突发疾病是否属于"工作时间和工作岗位"，应当充分考虑职工的 职业要求、岗位职责等因素。申请人有充分证据证明在家处理工作是根据用人单位的工作要求及工作需 要进行，且与日常的工作强度和工作状态基本一致，明显占用劳动者休息时间的，可以视为"工作时间 和工作岗位"。 《工伤保险条例》指出，在上下班途中，受到非本人主要责任的交通事故或者城市轨道交通、客运轮 渡、火车事故伤害的应当认定为工伤。人社部有关司局负责人表示，《意见(三)》 ...

Core Points - The new regulations released by the Ministry of Human Resources and Social Security aim to clarify the application of the Work Injury Insurance Regulations, enhancing the protection of both employees and employers' legal rights [1] - The guidelines address various scenarios for recognizing work-related injuries, including commuting, remote work, and medical malpractice during treatment [1][4] Group 1: Commuting and Work Injury Recognition - The new guidelines specify that injuries occurring during commuting, when the employee is traveling between their residence and workplace on a reasonable route, can be recognized as work-related injuries, provided the employee is not primarily responsible for the accident [2] - Recognition of work-related injuries during commuting will rely on legal documents issued by traffic management authorities or effective court rulings [2] Group 2: Remote Work and Work Injury Recognition - The guidelines clarify that injuries sustained while working from home, if proven to be work-related and arranged by the employer, should be recognized as work-related injuries [4] - Simple communication through messaging or emails does not qualify as work-related activities for injury recognition [4] - If an employee falls ill at home while fulfilling work requirements, it may be considered as being within "working time and working position" if sufficient evidence is provided [4] Group 3: Medical Malpractice and Work Injury - The guidelines state that medical malpractice during treatment does not affect the recognition of the original work-related injury or occupational disease [3] - However, any damages resulting from medical malpractice that are not caused by the work-related injury or disease will not be covered by the work injury insurance fund [3] Group 4: Adjustments in Benefits - The guidelines specify that if a work injury employee requests a reassessment of their labor capacity and the conclusion changes, their disability allowance and living care fees will be adjusted from the month following the new conclusion, while the one-time disability compensation will not be adjusted [5]

Core Viewpoint - The Ministry of Human Resources and Social Security has issued "Opinions (III)" to clarify the application of the Work Injury Insurance Regulations, aiming to better protect the legal rights of employees and employers [1][5]. Group 1: Work Injury Recognition Criteria - The document specifies the three essential elements for work injury recognition: "working time, working place, and working cause" [5][7]. - "Working time" includes legally mandated hours, contractual hours, employer-specified hours, time spent on temporary assignments, and overtime [7]. - "Working place" encompasses areas where the employer can effectively manage employees' daily activities, locations related to specific tasks, and reasonable areas between multiple work sites [9]. - "Working cause" refers to injuries sustained while performing job duties, completing assigned tasks, or protecting the employer's legitimate interests [11]. Group 2: Commuting and Remote Work - The document clarifies that injuries occurring during commutes are recognized if the employee travels between their residence and workplace within a reasonable time and route [13]. - For remote work, injuries can be recognized as work-related if there is sufficient evidence proving that the injury occurred due to work reasons, regardless of the employee working from home [15][19]. - Simple communications via modern tools like WeChat or email are not considered work-related causes [17]. Group 3: Exclusions from Work Injury Recognition - Injuries resulting from the employee's own criminal acts, intoxication, drug use, self-harm, or suicide are explicitly excluded from being recognized as work injuries [20][22]. - For traffic accidents where the employee is not primarily at fault, recognition requires legal documentation from traffic management authorities or court rulings [24]. - Medical damages resulting from torts unrelated to work injuries or occupational diseases are not covered by work injury insurance funds [26]. Group 4: Labor Relationship Confirmation - The social insurance administrative department must confirm the labor relationship when processing work injury recognition applications [29]. - In cases of disputes regarding labor relationships, applicants are advised to seek resolution through arbitration or litigation [29]. - Employers involved in illegal subcontracting or outsourcing are held responsible for work injury insurance, ensuring better protection for affected workers [31].

11月20日，人力资源社会保障部对外发布关于执行《工伤保险条例》若干问题的意见（三），进一步解 决工伤保险实践问题，更好保障职工和用人单位合法权益。 意见（三）明确职工工伤医疗救治中受到医疗侵权、居家工作、上下班途中发生非本人主要责任交通事 故等5类情形工伤认定及认定依据。 按照单位安排居家办公，有充分证据证明职工居家工作期间确因工作原因受到事故伤害的，不应因 在家工作而影响认定工伤； 对于上下班途中发生非本人主要责任交通事故，"非本人主要责任"的认定应当以公安机关交通管理 等有关部门出具的法律文书或者人民法院的生效裁决为依据。 其中包括： 职工因工作原因受到事故伤害或患职业病，在治疗过程中，医疗机构的医疗侵权并不影响原工伤事 故或职业病的工伤认定； ...

Core Viewpoint - The Ministry of Human Resources and Social Security has issued new guidelines regarding the recognition of work-related injuries, expanding the definition of "work time" and "workplace" to include various scenarios such as commuting and remote work [1][2][3]. Group 1: Definition of Work Time - The recognition of "work time" should consider legally mandated hours, contractual agreements, and any time spent on tasks assigned by the employer, including overtime [1]. - The guidelines specify that commuting within a reasonable time and route between home and work is considered part of work time [3]. Group 2: Definition of Workplaces - "Workplace" is defined as areas related to the employee's job responsibilities, including locations where the employer can effectively manage work activities [2]. - The guidelines also include areas outside the primary workplace that are necessary for completing specific tasks [2]. Group 3: Causality and Work-Related Injuries - The determination of injuries as work-related must establish a causal link between the employee's duties and the injury sustained [2]. - Injuries occurring during reasonable breaks for basic physiological needs within a work context are also recognized [2]. Group 4: Remote Work Considerations - Employees working from home can have their injuries recognized as work-related if there is sufficient evidence that the injury occurred due to work tasks [4][5]. - Simple communications via modern technology do not qualify as work-related injuries [4]. Group 5: Labor Relations and Claims - The social insurance administrative department must confirm the employment relationship when processing injury claims, and disputes should be resolved through arbitration or litigation [5]. - Even in the absence of a formal employment relationship, claims can be made under specific circumstances, such as subcontracting violations [5]. Group 6: Adjustments to Benefits - Adjustments to disability allowances and care fees will be made based on the outcomes of labor capability assessments, while one-time disability compensation will not be adjusted [5]. Group 7: Implementation of Guidelines - The new guidelines will take effect immediately upon publication, superseding any previous inconsistent regulations [7].

明确上下班途中发生非本人 主要责任交通事故的工伤认 n Program Production Production Comment Comments of 11月20日，人力资源社会保障部对外发布关于执行《工伤保险条例》若干问题的意见（三），进一步解决工伤保险实践问题，更好保障职工和用人单位合法 权益。 意见（三）明确职工工伤医疗救治中受到医疗侵权、居家工作、上下班途中发生非本人主要责任交通事故等5类情形工伤认定及认定依据。 其中包括： 人力资源社会保障部 11月20日对外发布 关于执行《工伤保险条例》若干 问题的意见 (三) 明确医疗损害侵权不影响原 工伤事故的工伤认定 明确居家工作工伤认定有关 规定 职工因工作原因受到事故伤害或患职业病，在治疗过程中，医疗机构的医疗侵权并不影响原工伤事故或职业病的工伤认定； 按照单位安排居家办公，有充分证据证明职工居家工作期间确因工作原因受到事故伤害的，不应因在家工作而影响认定工伤； 对于上下班途中发生非本人主要责任交通事故，"非本人主要责任"的认定应当以公安机关交通管理等有关部门出具的法律文书或者人民法院的生效裁决为依 据。 （文章来源：新华社） ...

Core Viewpoint - The case revolves around the determination of whether an employee's death during a company-organized team-building activity should be classified as a work-related injury, raising questions about responsibility and risk acceptance [1][4]. Group 1: Incident Overview - In March 2021, an employee named Li Chengguang participated in a tug-of-war competition organized by a partner construction company, which was deemed a company activity [2]. - After the competition, Li suddenly fell ill and died due to a heart condition, prompting his mother to apply for a work injury recognition [2][3]. Group 2: Legal Proceedings - The local human resources bureau recognized Li's death as a work-related injury based on the circumstances of the incident, but the real estate company contested this decision through administrative litigation [3][6]. - The court found that the tug-of-war event was directly related to the company's business objectives and that Li's participation was mandated by his employer, thus qualifying the incident as a work-related injury [5][6]. Group 3: Court's Rationale - The court emphasized that the activity was organized to enhance team cohesion and had a clear business connection, which justified its classification as an extension of work duties [5][10]. - The judge ruled that Li's participation during work hours and under employer direction did not constitute voluntary risk-taking, but rather a legitimate work-related activity [6][11]. Group 4: Implications for Labor Relations - The case highlights the importance of defining the boundaries between work-related injuries and personal risk, emphasizing the employer's responsibility for employee safety during work-related activities [10][11]. - The ruling reinforces the principle that employers should bear the risks associated with activities that are conducted for the benefit of the company, thereby balancing the rights and responsibilities of both parties in the labor relationship [10][11].

Core Points - The Ministry of Human Resources and Social Security clarified the requirements for work injury recognition, stating that an application must include a work injury recognition application form and provide details such as the time, location, cause of the accident, and the degree of employee injury [1][4] - Types of evidence that can be submitted include witness testimonies,现场照片 (on-site photos), and other forms of evidence materials [1]