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工伤认定新规明确“模糊地带”判断依据——为参保职工筑牢权益保障网   
Jing Ji Ri Bao· 2025-11-24 02:46
Core Viewpoint - The Ministry of Human Resources and Social Security has issued "Opinions (III)" to clarify the ambiguous areas in the recognition of work-related injuries, adapting to changes in employment practices in the digital age and strengthening the protection of insured individuals' rights [1][4]. Group 1: Work Injury Insurance Context - Work injury insurance is one of the earliest established social insurance systems globally, with China implementing its Work Injury Insurance Regulations in 2004. Currently, there are 304 million insured individuals, with over 2 million workers receiving protection annually [1][2]. - Among the insured, over 90 million are migrant workers, a key demographic for preventing work-related injuries and occupational diseases [2]. Group 2: Clarifications on Work Injury Recognition - The new regulations clarify that injuries sustained while working from home, if proven to be work-related and required by the employer, will be recognized as work injuries. However, casual communication through modern means does not qualify [2][3]. - The definition of "commuting" has been refined, allowing for injuries sustained during reasonable travel between home and work to be recognized as work injuries, including specific scenarios such as traveling to a spouse's or child's residence [3][4]. Group 3: Implications for Employers and Employees - The new rules emphasize the need for employers to enhance compliance awareness and manage subcontracting and remote work practices to reduce disputes over work injuries [4]. - Employees are encouraged to maintain records of overtime and work communications to support their claims for work injury recognition [4].
超龄劳动者受工伤,单位未及时申报需担责
Ren Min Wang· 2025-10-14 01:02
Core Viewpoint - The case highlights the legal recognition of the rights of elderly workers in the context of labor disputes, emphasizing that employers must ensure timely reporting of work-related injuries to guarantee equal access to workers' compensation benefits for older employees [1][4]. Group 1: Case Background - The case involves a worker, Yan, who was injured at work at the age of 56 and sought compensation for medical expenses due to the employer's failure to timely report the injury as a work-related incident [1][2]. - Yan incurred medical expenses of over 50,000 yuan during a 7-day hospital stay following the injury, which were not covered by the social insurance fund due to the late reporting by the employer [2]. Group 2: Court Rulings - The first-instance court ruled in favor of Yan, stating that the employer was responsible for the medical expenses incurred before the work injury was reported, as the injury was recognized as a work-related incident [2][3]. - The second-instance court upheld the ruling, clarifying that the employer's argument regarding Yan's age and existing commercial insurance did not exempt them from their obligations under the workers' compensation regulations [3]. Group 3: Legal Implications - The ruling reinforces the obligation of employers to submit work injury claims within 30 days, as stipulated by the Work Injury Insurance Regulations, and establishes that costs incurred during this period are the employer's responsibility [3][4]. - The case sets a precedent for the treatment of elderly workers, ensuring that those over the statutory retirement age but still employed are entitled to the same workers' compensation benefits as younger employees [4].
减少行政行为重启带来的维权成本
Ren Min Ri Bao· 2025-05-21 21:59
Group 1 - The core issue in the administrative penalty case was the appropriateness of the fine amount imposed on the company for exceeding pollution discharge limits due to a malfunctioning leachate treatment system [1] - The original fine of 107,000 yuan was deemed excessive after considering the duration of the violation, the company's proactive remediation efforts, and the social harm caused, leading to a reduction of the fine to 50,000 yuan [1] - This case is part of a recent release by the Ministry of Justice, which includes five typical cases demonstrating the efficiency of administrative review in supervising administrative actions and promoting fair enforcement [1] Group 2 - The administrative review process allows for direct new administrative actions when facts are unclear or evidence is insufficient, reducing the burden on applicants [2] - An example case involved a worker's compensation claim where the administrative review body determined that the applicant was indeed on a reasonable route for work-related injury, thus facilitating timely relief for the injured party [2]
司法部发布贯彻实施新修订行政复议法典型案例
Xin Hua She· 2025-05-21 11:56
Group 1 - The Ministry of Justice released five typical cases to implement the newly revised Administrative Review Law, highlighting the role of administrative review in supervising administrative actions effectively [1] - In a case involving a company contesting an administrative penalty from an environmental agency, the review body adjusted the penalty to align with the principles of tolerance and education, indicating a shift towards more reasonable enforcement [1] - Administrative agencies must base their actions on accurate facts and appropriate legal frameworks, as demonstrated in a case where a housing authority failed to apply the correct legal basis, leading to a correction by the review body [1] Group 2 - The necessity of basing administrative actions and reviews on factual evidence and legal standards is emphasized, as seen in a case where a labor bureau denied a worker's injury claim, which was later overturned by the review body [2] - The review body recognized the worker's situation as a work-related injury, ensuring timely relief and demonstrating the effectiveness of the workers' compensation system [2]