转自：北京日报客户端 员工上班期间请假外出，在离工作地点30米处不幸遭遇车祸身亡。用人单位认为这是"擅自离岗"；人社 部门以无法证实事故地点属于员工"回家途中"为由不予认定工伤；法院一审、二审判决均支持上述观 点…… 这是一起历时4年的工伤认定纠纷案，经广东省东莞市检察院依法监督，提出再审检察建议，最终法院 予以改判，人社部门重新作出工伤认定，因工伤去世的老孙的家属拿到了赔偿金。从不予认定工伤到拿 到赔偿金，这起案件经历了哪些波折？老孙家属对司法办案的印象如何？记者近日在东莞市检察院采访 时找到了答案。 事故地点是否属于 "合理下班路线"？ 58岁的老孙是重庆人，为负担年迈父母的生活和医疗开支，十几年前离乡打工，后来在东莞某保安公司 上班。 天有不测风云，人有旦夕祸福。一次请假让老孙意外失去了性命——2020年8月20日中午，口头向主管 领导请好假的老孙走出保安岗亭，骑上电动自行车驶出大门，刚行至路边就被一辆疾驰的轿车撞倒，后 经抢救无效，不幸离世。而事故发生点距离老孙值守的岗亭仅有30米。 经交警认定，该事故主要原因为轿车超速，并只能推断老孙行驶方向大概为前行或右转。那么，老孙究 竟要去哪儿，去做什么？这些 ...

员工上班期间请假外出，在离工作地点30米处不幸遭遇车祸身亡。用人单位认为这是"擅自离岗"；人社 部门以无法证实事故地点属于员工"回家途中"为由不予认定工伤；法院一审、二审判决均支持上述观 点…… 处理完父亲后事，老孙的女儿孙女士向人社部门申请工伤认定。 工伤认定调查中，保安公司表示："事故当天虽安排其他同事顶替老孙值班，但该同事还没到岗老孙就 提前离岗，违反了公司相关规定。" 人社部门则依据案发时一同在岗的其余两名保安证言，认定老孙系"擅自离岗"，作出不予认定工伤的决 定，理由是顶班同事到岗时，老孙已离开岗位，且家属未能证明事故地点属于老孙"回家途中"。 孙女士向法院提起诉讼。一审、二审法院判决均支持人社部门不予认定工伤的决定。接连败诉后，孙女 士带着最后一丝希望，向检察机关申请监督。 "老孙与同事的交接班记录在哪里？""事发前后岗亭附近是否有监控录像？""事故发生地点是否在老孙 合理的下班路线上？"……东莞市检察院承办检察官黄秀莉与同事反复查阅卷宗后，敏锐捕捉到多处疑 点。 这是一起历时4年的工伤认定纠纷案，经广东省东莞市检察院依法监督，提出再审检察建议，最终法院 予以改判，人社部门重新作出工伤认定，因工伤 ...

《工伤保险条例》第十四条规定的"因工作原因"的认定，应当考虑职工履行工作职责与其所受伤害是否存在因果关系。包括但不限于： (1)因从事本职生产经营活动受到伤害； (2)因完成用人单位指派的工作受到伤害； (3)因维护用人单位正当利益受到伤害； (4)工作期间在合理场所内因解决必需的基本生理需要受到伤害，不包括完全因个人原因造成的伤害。 中新网12月31日电 哪些情况属于工伤认定中的"因工作原因"？人社部12月31日通过官方微信公众号作出解答。 [ 责编：丁玉冰 ] 图片来源：人力资源和社会保障部微信公众号 ...

违法分包转包和个人挂靠情形能否申请工伤认定？人社部解答 图片来源：人力资源和社会保障部微信公众号 来源：中国新闻网 中新网12月24日电 违法分包转包和个人挂靠情形能否申请工伤认定？人社部12月24日通过官方微信公众号作出解答。 有下列情形之一，劳动者与具备用工主体资格的单位之间即使不存在劳动关系，工伤认定申请主体也可以依据有关规定申请认定工伤： (1)用工单位违反法律、法规规定将业务发包、转包、分包给不具备用工主体资格的组织或者自然人，该组织或者自然人招用的劳动者从事承包业务时因工 伤亡的；(2)个人挂靠其他单位对外经营，其招用的人员因工伤亡的；(3)法律、法规、规章规定的其他情形。 编辑：陈俊明 广告等商务合作，请点击这里 本文为转载内容，授权事宜请联系原著作权人 中新经纬版权所有，未经书面授权，任何单位及个人不得转载、摘编或以其它方式使用。 关注中新经纬微信公众号(微信搜索"中新经纬"或"jwview")，看更多精彩财经资讯。 ...

Core Viewpoint - The court ruled that the injury sustained by the employee, Xiao Zheng, while traveling to a company-organized team-building event, does not qualify as a work-related injury under the Workers' Compensation Insurance Regulations [1][4]. Group 1: Incident Details - Xiao Zheng, an employee of Company A, was injured in a traffic accident while riding to a company meeting point for a team-building event [1]. - The accident occurred at approximately 6:45 AM, and the police determined that Xiao Zheng was not at fault for the accident [1]. Group 2: Legal Framework - According to Article 14, Section 6 of the Workers' Compensation Insurance Regulations, injuries sustained during commutes are recognized as work-related if the employee is not primarily responsible for the accident [2]. - The Ministry of Human Resources and Social Security states that reasonable time and route for commuting are essential for determining work-related status [2]. Group 3: Nature of the Activity - The team-building event included leisure activities such as sightseeing and dining, which were not related to Xiao Zheng's job responsibilities as a warehouse worker [3]. - Participation in the team-building event was voluntary, and attendance did not affect salary payments, indicating that the event was not work-related [3]. Group 4: Court's Conclusion - The court found that the decision made by the human resources department to deny the work injury claim was based on clear facts and correct legal application [4]. - Xiao Zheng's argument that the injury occurred while on the way to a work-related event was not supported by sufficient evidence, leading to the dismissal of his claims [4][6]. Group 5: Final Ruling - The court ultimately rejected all of Xiao Zheng's claims, and both parties did not appeal the ruling, making it final [5].

Group 1 - The Ministry of Human Resources and Social Security has issued guidelines to clarify the criteria for work-related injury recognition, focusing on "working time, working location, and work-related causes" as well as "commuting" scenarios [1] - The new guidelines address the evolving nature of work in the digital age, including remote work and mobile operations, by incorporating "home office" into the scope of work-related injury recognition [1] - The guidelines emphasize a balance between principles and flexibility, allowing for reasonable commuting routes and times, which helps avoid rigid enforcement while maintaining the original intent of the work injury protection system [1] Group 2 - The clear and precise rule design aims to reduce disputes over work-related injuries by limiting the ability of employers to shift responsibility, thereby encouraging compliance and improving internal management systems [1] - The evolution of these rules reflects a people-centered value orientation, contributing to the modernization of national governance and enhancing the social security network for workers [2]

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].