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打工人福音!工伤认定“三大谜团”,官方给答案了
2 1 Shi Ji Jing Ji Bao Dao· 2025-11-21 05:33
Core Viewpoint - The recent issuance of "Opinions (III)" by the Ministry of Human Resources and Social Security aims to clarify the application of the Work Injury Insurance Regulations, particularly focusing on the three essential elements of work injury recognition: "work reason, work location, and work time" [2][5]. Group 1: Clarification of "Three Work" Factors - The "Opinions (III)" explicitly includes overtime and time spent completing tasks assigned by employers as part of work time, indicating that any work-related activity outside of regular hours is recognized as work time [5][6]. - The definition of work location has been expanded to include areas outside the physical workplace that are necessary for completing specific tasks, providing better protection for employees who work remotely or in multiple locations [5][6]. - The inclusion of injuries occurring while addressing basic physiological needs within the workplace, such as using the restroom or drinking water, as work-related injuries, reflects a response to social concerns [6][7]. Group 2: Clarification on Commuting Injuries - The "Opinions (III)" provide detailed definitions for commuting injuries, ensuring that activities such as picking up children or running errands during commutes are recognized as work-related, thus reducing disputes over such claims [7][8]. - The requirement for determining "non-primary responsibility" in traffic incidents now mandates reliance on legal documents from traffic management authorities or court rulings, eliminating ambiguities in injury claims [8][9]. Group 3: Protection for Remote Work - The rise of remote work has prompted the need for clear guidelines on work injury recognition during home office situations, with the "Opinions (III)" stating that injuries sustained while working from home can be recognized as work-related if sufficient evidence is provided [11][12]. - The regulations specify that simple communications via modern technology, such as WeChat or email, should not be considered as work-related injuries, preventing misuse of these interactions for injury claims [13][14]. - The emphasis remains on the necessity for employees to provide evidence of their work intensity and responsibilities when claiming work injury status for incidents occurring at home [12][15].