工伤保险
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上下班途中、居家工作,哪些情形可认定工伤
Ren Min Ri Bao· 2025-11-24 00:57
Core Viewpoint - The Ministry of Human Resources and Social Security has issued "Opinions (III)" to clarify the recognition of work-related injuries during commuting and remote work, enhancing the understanding and application of the Work Injury Insurance Regulations [1][2]. Group 1: Clarification of Work Injury Recognition - The document specifies the three essential elements for recognizing work injuries: working time, working location, and working cause, providing detailed scenarios for each to protect employee rights [2]. - It outlines specific circumstances for commuting injuries, defining reasonable time and routes for employees traveling between their workplace and residence [2]. - It clarifies that medical malpractice during treatment does not affect the original recognition of work-related injuries, although compensation for malpractice is not covered by work injury insurance [2][3]. Group 2: Remote Work and Injury Recognition - The document states that injuries sustained while working from home, under employer direction, can be recognized as work-related if sufficient evidence is provided, but casual communication does not qualify [3]. - It specifies that if an employee falls ill at home while working, it can be considered work time if it aligns with the employer's requirements and significantly encroaches on rest time [3]. Group 3: Exclusions and Responsibilities - Injuries resulting from the employee's intentional misconduct, intoxication, or self-harm are explicitly excluded from work injury recognition [3]. - The document establishes that non-primary responsibility for traffic accidents must be validated by legal documents from relevant authorities for recognition as work-related injuries [4]. Group 4: Death and Labor Relationship Confirmation - It clarifies that the time of death for work-related injuries is determined by medical or legal documentation, with provisions for other evidence to be considered [5]. - The document mandates that social insurance authorities confirm the labor relationship when processing work injury claims, and disputes should be resolved through arbitration or litigation [6]. Group 5: Treatment Policy Adjustments - It specifies that changes in disability assessment levels will lead to adjustments in benefits, effective from the month following the final assessment [6]. - The document also clarifies that employers who fail to register or pay for work injury insurance are still responsible for related costs [6].
上下班途中、居家工作,哪些情形可认定工伤(民生一线) 人力资源和社会保障部工伤保险司负责同志解读《关于执行〈工伤保险条例〉若干问题的意见(三)》
Ren Min Ri Bao· 2025-11-23 22:44
人力资源和社会保障部近日印发《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)》),对上下班途中、居家工作工伤认定等具体情形进行了细化和明确。人力资源社会保障部 工伤保险司负责同志就相关问题进行了解读。 记者:出台《意见(三)》的背景和意义是什么? 答:工伤保险是保障职工工伤权益,促进工伤预防和职业康复,分散用人单位工伤风险的社会保险制 度。《工伤保险条例》(以下简称《条例》)实施以来,对维护职工和用人单位合法权益发挥了重要作 用,近年来每年200多万职工获得工伤保障。 二是明确居家工作工伤认定有关规定。工伤的核心是由于工作原因受到事故伤害,《意见(三)》第九 条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。同时,对于职工在家突发疾病是否属于"工作时间和工作岗位"进行了明 确,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 ...
上下班途中、居家工作,哪些情形可认定工伤(民生一线)
Ren Min Ri Bao· 2025-11-23 22:20
人力资源和社会保障部近日印发《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)》),对上下班途中、居家工作工伤认定等具体情形进行了细化和明确。人力资源社会保障部 工伤保险司负责同志就相关问题进行了解读。 记者:出台《意见(三)》的背景和意义是什么? 答:工伤保险是保障职工工伤权益,促进工伤预防和职业康复,分散用人单位工伤风险的社会保险制 度。《工伤保险条例》(以下简称《条例》)实施以来,对维护职工和用人单位合法权益发挥了重要作 用,近年来每年200多万职工获得工伤保障。 2013年以来,人力资源社会保障部先后出台了《关于执行〈工伤保险条例〉若干问题的意见》《关于执 行〈工伤保险条例〉若干问题的意见(二)》等政策文件,今年出台《关于执行〈工伤保险条例〉若干 问题的意见(三)》,目的是进一步明确《条例》有关规定的理解适用,有利于提升依法行政水平,保 障职工和用人单位的合法权益,维护工伤保险制度的公平统一。 记者:《意见(三)》细化工伤认定的哪些具体内容? 答:一是对工伤认定的"工作时间、工作场所、工作原因"予以细化。《条例》第十四条规定应当认定工 伤需具备工作时间、工作场所、工作原因3个要素 ...
事关工伤认定等 新规发布维护职工和用人单位合法权益
Xin Hua Wang· 2025-11-20 23:14
Core Viewpoint - The Ministry of Human Resources and Social Security has released opinions to clarify the application of the Work Injury Insurance Regulations, enhancing the understanding of work injury recognition and protecting the rights of employees and employers [1][2]. Group 1: Work Injury Recognition - The opinions specify that commuting to and from work is considered work-related if it follows a reasonable route and timeframe, and if the employee is not primarily responsible for a traffic accident [1]. - For injuries sustained during home office work, if there is sufficient evidence that the injury occurred due to work-related reasons, it should be recognized as a work injury, despite being at home [2]. - Simple communication through messaging or calls does not qualify as work-related injuries [2]. Group 2: Medical Treatment and Liability - Medical malpractice during the treatment of a work-related injury does not affect the original recognition of the work injury, but compensation for malpractice is not covered by the work injury insurance fund [1]. - The opinions clarify that in cases of illegal subcontracting or personal affiliations, the rights of workers regarding work injuries will be better protected, with the responsible parties held accountable for work injury insurance [2]. Group 3: Adjustment of Benefits - Adjustments to benefits for injured workers will occur 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 [3].
民生直通车丨事关工伤认定等 新规发布维护职工和用人单位合法权益
Xin Hua She· 2025-11-20 12:17
根据意见(三),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。但是医疗侵权损害结果不是工伤事故或职业病导致的,侵权引发 的相关医疗救治和经济赔偿不属于工伤保险基金支付范围。 新华社北京11月20日电 题:事关工伤认定等,新规发布维护职工和用人单位合法权益 上下班途中、居家工作时,哪些情形可认定工伤?认定依据是什么?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),回应社会关切。 工伤保险是保障职工工伤权益,促进工伤预防和职业康复,分散用人单位工伤风险的社会保险制度。 2013年以来,人力资源社会保障部先后出台政策文件,不断解决工伤保险实践问题。 "此次意见(三)发布,将进一步明确《工伤保险条例》有关规定的理解适用,有利于提升依法行政水 平,保障职工和用人单位的合法权益,维护工伤保险制度的公平统一。"人力资源社会保障部工伤保险 司有关负责人说,意见(三)细化了职工工作时间、工作场所、工作原因的具体情形。 上下班途中发生非本人主要责任交通事故时如何认定工伤? 意见(三)明确,职工以上下班为目的、在合理时间内往返于工 ...
民生直通车丨事关工伤认定等,新规发布维护职工和用人单位合法权益
Xin Hua She· 2025-11-20 11:12
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]
工伤可以用医保报销吗?工伤赔偿解析
Sou Hu Cai Jing· 2025-11-01 07:43
Core Viewpoint - Work-related medical expenses cannot be reimbursed through medical insurance and must go through the work injury insurance channel, as clearly stipulated by law. Misusing medical insurance not only results in invalid reimbursement but may also lead to fund recovery and fines, necessitating a strict distinction between the two保障体系 [1] Group 1: Legal Framework - The Social Insurance Law explicitly states that medical expenses that should be paid from the work injury insurance fund are not included in the medical insurance reimbursement scope [1] - For example, if a construction worker suffers a fall and is recognized as having a work injury, all related medical costs must be covered by the work injury insurance fund, and using medical insurance for these expenses could lead to recovery actions by the medical insurance department [1] Group 2: Work Injury Insurance Reimbursement - Reimbursement covers treatment costs that align with the work injury insurance directory, including surgical fees, medication costs, and examination fees [4] - Rehabilitation costs during the work injury recovery period, such as physical therapy and assistive device expenses, are also included [4] - Daily hospitalization allowances and travel expenses for medical treatment away from home are reimbursable, provided proper documentation is submitted [4] Group 3: Administrative Penalties and Employer Responsibilities - According to the Medical Insurance Fund Usage Regulations, those who commit fraud may face a suspension of medical insurance reimbursement for 3 to 12 months and fines ranging from 2 to 5 times the amount fraudulently obtained [5] - Employers who fail to pay for work injury insurance are responsible for covering all work injury costs and cannot offset these costs with commercial accident insurance [5] Group 4: Practical Recommendations - Timely recognition of work injuries is crucial; applications must be submitted within one year, including necessary documentation [6] - Maintaining complete records, such as work injury recognition documents and medical invoices, is essential for reimbursement claims [6] - Monitoring employer compliance with work injury insurance payments is important; employees can seek arbitration or complaints if the employer has not paid [6]
人社部:中国基本养老保险参保人数达10.72亿人
Zhong Guo Xin Wen Wang· 2025-09-26 06:45
Core Points - The number of participants in China's basic pension insurance has reached 1.072 billion, an increase of over 73 million since the end of the 13th Five-Year Plan, with the participation rate rising from 91% to over 95% [1][2] - During the 14th Five-Year Plan, significant reforms in the social security sector have been implemented, including nationwide coordination of enterprise employee pension insurance and provincial-level coordination for unemployment and work injury insurance [1] - The total scale of social insurance fund revenues and expenditures has reached 69.27 trillion yuan, with a cumulative fund surplus of 9.81 trillion yuan, indicating a stable support capacity for social security [1] Summary by Category Pension Insurance - The basic pension insurance fund's investment operation scale has reached 2.6 trillion yuan, doubling since the end of the 13th Five-Year Plan [2] - The enterprise (occupational) annuity fund has expanded to 7.56 trillion yuan, an increase of 4.02 trillion yuan since the end of the 13th Five-Year Plan [2] Unemployment and Work Injury Insurance - The number of participants in unemployment insurance has reached 246 million, an increase of over 29 million since the end of the 13th Five-Year Plan [1] - The number of participants in work injury insurance has reached 302 million, an increase of over 34 million since the end of the 13th Five-Year Plan [1]
人力资源社会保障部:全国基本养老保险参保人数达10.72亿人
2 1 Shi Ji Jing Ji Bao Dao· 2025-09-26 03:06
Core Viewpoint - The Ministry of Human Resources and Social Security reported that the number of participants in the national basic pension insurance has reached 1.072 billion, reflecting a significant increase and improved coverage rates [1] Group 1: Pension Insurance - The number of participants in the basic pension insurance has reached 1.072 billion, an increase of over 73 million compared to the end of the 13th Five-Year Plan [1] - The participation rate in the basic pension insurance has improved from 91% to over 95% [1] Group 2: Unemployment and Work Injury Insurance - The number of participants in unemployment insurance has reached 246 million, an increase of over 29 million since the end of the 13th Five-Year Plan [1] - The number of participants in work injury insurance has reached 302 million, an increase of over 34 million compared to the end of the 13th Five-Year Plan [1]
新华社快讯:全国基本养老保险参保人数达10.72亿人
Xin Hua She· 2025-09-26 02:39
Core Insights - The Minister of Human Resources and Social Security, Wang Xiaoping, announced that the number of people covered by basic pension insurance in China has reached 1.072 billion, an increase of over 73 million compared to the end of the 13th Five-Year Plan, with the coverage rate rising from 91% to over 95% [1] Group 1: Pension Insurance - The number of participants in basic pension insurance has reached 1.072 billion [1] - The coverage rate for basic pension insurance has increased from 91% to over 95% [1] - The increase in participants is over 73 million compared to the end of the 13th Five-Year Plan [1] Group 2: Unemployment and Work Injury Insurance - The number of participants in unemployment insurance has reached 246 million, an increase of over 29 million since the end of the 13th Five-Year Plan [1] - The number of participants in work injury insurance has reached 302 million, an increase of over 34 million since the end of the 13th Five-Year Plan [1]