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].

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].

Core Viewpoint - The Ministry of Human Resources and Social Security has issued "Opinions (III)" to clarify and specify the recognition of work-related injuries, particularly concerning commuting and remote work situations, enhancing the understanding and application of the Work Injury Insurance Regulations [1][2]. Group 1: Background and Significance - Work injury insurance is a social insurance system that protects employees' rights, promotes injury prevention, and mitigates employers' risks. Since the implementation of the Work Injury Insurance Regulations, over 2 million employees have received work injury protection annually [2]. - The issuance of "Opinions (III)" aims to further clarify the understanding and application of the regulations, improve administrative law enforcement, and protect the legitimate rights of employees and employers [2]. Group 2: Specific Clarifications on Work Injury Recognition - The opinions detail the elements required for work injury recognition, including "working time, working place, and working cause," providing specific scenarios to aid in understanding and application [2][3]. - It specifies that commuting injuries are recognized if employees travel between their workplace and residence within a reasonable time and route, detailing four specific scenarios to balance the rights of employees and employers [3]. Group 3: Medical and Remote Work Provisions - The opinions clarify that medical malpractice during treatment does not affect the recognition of the original work injury, but compensation for malpractice is not covered by the work injury insurance fund [4]. - For remote work, injuries sustained during work-related tasks at home are recognized if there is sufficient evidence proving the injury occurred due to work, while casual communications via modern technology are not considered work-related [4]. Group 4: Exclusions and Traffic Accident Recognition - Injuries resulting from the employee's intentional criminal acts, intoxication, drug use, self-harm, or suicide are not recognized as work injuries [5]. - For traffic accidents where the employee is not primarily at fault, recognition requires legal documentation from traffic management or court rulings, and unproven accidents will not be recognized [5]. Group 5: Labor Relationship Confirmation and Treatment Policies - The opinions state that social insurance administrative departments must confirm the labor relationship when processing work injury recognition applications, and disputes should be resolved through arbitration or litigation [6]. - Adjustments to benefits are mandated when there are changes in the labor capacity assessment, with specific provisions for new expenses related to employers' insurance obligations [7].

Core Viewpoint - The Ministry of Human Resources and Social Security has issued "Opinions (III)" to clarify and specify the recognition of work-related injuries, particularly concerning commuting and remote work situations, enhancing the understanding and application of the Work Injury Insurance Regulations [1][2]. Group 1: Background and Significance - Work injury insurance is a social insurance system that protects employees' rights, promotes injury prevention, and mitigates employers' risks. Since the implementation of the Work Injury Insurance Regulations, over 2 million employees have received work injury protection annually [2]. - The issuance of "Opinions (III)" aims to further clarify the understanding and application of the regulations, improving administrative efficiency and safeguarding the rights of both employees and employers [2]. Group 2: Specific Clarifications on Work Injury Recognition - The opinions detail the elements required for work injury recognition, including "work time, work location, and work cause," providing clearer definitions to protect employee rights [2][3]. - It specifies that commuting injuries are recognized if employees travel between their workplace and residence within a reasonable time and route, detailing four specific scenarios to ensure fair treatment of both employees and employers [3]. Group 3: Medical and Remote Work Injury Recognition - The opinions clarify that medical malpractice during treatment does not affect the original work injury recognition, ensuring that employees' rights are upheld even in cases of medical negligence [4]. - For remote work, injuries sustained while working from home, as long as they are work-related and supported by sufficient evidence, will be recognized as work injuries. However, casual communications through modern means are not considered work-related [4]. Group 4: Exclusions and Traffic Accident Recognition - Injuries resulting from an employee's intentional criminal acts, intoxication, drug use, self-harm, or suicide are explicitly excluded from work injury recognition [5]. - The criteria for recognizing work injuries from traffic accidents are clarified, requiring legal documentation from relevant authorities to substantiate claims [5]. Group 5: Labor Relationship Confirmation and Treatment Policies - The opinions mandate that social insurance administrative departments confirm labor relationships when processing work injury claims, providing guidance for cases with disputes [6]. - Adjustments to benefits are specified when there are changes in the assessment of an employee's work capacity, ensuring that compensation aligns with the latest evaluations [7].

Core Viewpoint - The release of the "Opinions (III)" by the Ministry of Human Resources and Social Security aims to clarify the recognition of work-related injuries, addressing the challenges posed by new employment forms such as remote work and home office arrangements [1][2][3] Group 1: Clarification of Work Injury Recognition - The new guidelines specify the definitions of "working time," "working place," and "working cause," providing a unified standard for work injury recognition [2] - The case of a teacher who died while grading papers at home highlights the need for clearer definitions, as it took years for the family to receive recognition of the incident as a work-related injury [1][2] Group 2: Legal and Administrative Implications - The Opinions (III) aim to bridge the gap between administrative recognition and judicial rulings, addressing the common issue of conflicting interpretations between courts and human resources departments [2][3] - The document serves as a critical institutional supplement to prevent the waste of judicial and administrative resources due to unclear regulations [2] Group 3: Adaptation to New Employment Realities - The evolving nature of work necessitates a more flexible and human-centered approach to work injury recognition, ensuring that labor rights are effectively protected [3] - Continuous judicial practice and legislative attention are required to adapt to new phenomena in work injury recognition and to resolve emerging issues [3]

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].

Core Viewpoint - The article discusses the recent issuance of "Opinions (III)" by the Ministry of Human Resources and Social Security, which clarifies the application of the Work Injury Insurance Regulations, particularly focusing on the three essential elements of work injury recognition: "work cause, work location, and work time" [1][5]. Group 1: Clarification of "Three Work" Factors - The "Opinions (III)" explicitly states that overtime is considered work time, including time spent on tasks assigned by the employer outside regular hours [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 (e.g., using the restroom) during work hours as work-related injuries addresses societal concerns [5][6]. Group 2: Definition of "Commute" - The article highlights the complexities surrounding the definition of "commute," particularly in cases where employees are injured while performing personal tasks, such as picking up children [8][10]. - "Opinions (III)" clarifies that reasonable routes taken for commuting, including activities like picking up children or running errands, will be recognized as part of the commute, thus providing coverage for such incidents [10][12]. - The new regulations require that the determination of "non-primary responsibility" in traffic accidents be based on legal documents from traffic management authorities or court rulings, eliminating ambiguities from informal agreements [10][12]. Group 3: Protection for Remote Work - The rise of remote work has prompted the need for clear guidelines on work injury recognition, particularly for injuries occurring at home [11][12]. - "Opinions (III)" states that injuries sustained while working from home, if proven to be work-related, should be recognized as work injuries, regardless of the location [12][13]. - The article emphasizes that while remote work injuries are covered, employees must provide sufficient evidence to support their claims, ensuring that the core principle of "work cause" remains central to injury recognition [13].

21世纪经济报道记者王峰北京报道 近日，人力资源社会保障部印发《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）》），完 善工伤保险法规的理解适用。 工伤认定需要具备"工作原因、工作场所、工作时间"三个要素，这也被称为"三工"。然而，《工伤保险条例》的相关规定较为笼统，"三工"认定尺度不一。 比如，加班时间是否属于工作时间？ 资料图 居家办公是《工伤保险条例》颁布时还很少见的情况，现在则越来越多，居家办公期间受到伤害，是否属于工伤？ 下班途中顺路接孩子，结果出车祸，这是个人行为还是属于工伤？ 随着《意见（三）》的发布，上述疑问都有了明确的判断依据。 细化 "三工"因素 近年来，全国每年有200多万职工获得工伤保障。《工伤保险条例》于2004年施行，人社部分别在2013年、2016年发布了两份"执行意见"。 《工伤保险条例》第十四条和第十五条涉及"三工"要素 但这些政策目前都难以应对复杂的现实情况。 《意见（三）》发布后，将有效减少此类案件中的争议，其明确规定加班时间属于工作时间。 《意见（三）》对工伤认定的"三工"予以细化 工作时间方面，《意见（三）》明确将"完成用人单位临时指派或者特定工 ...

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].

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； 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； （原标题：官方明确！居家期间因工作原因受伤可认定工伤） 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。 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。 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： 在合理时间内往返于工作地与住所地、经常居住 地、单位宿舍的合理路线的上下班途中； 在合理时间内往返于工作地与配偶、父母、子女居住地的合理路线的上下班途中； 从事属于日常工作生活所需要 的活动，且在合理时间和合理路线的上下班途中； 其他属于在合理时间和合理路线的上下班途中。 合理时间、合理路线的确定应结合日常上下班的周期 性、相对固定性等 ...