Law

Working from home or commuting to work can be considered work-related injuries

2025-11-21   

In order to further solve the practical problems of work-related injury insurance, better protect the legitimate rights and interests of employees and employers, and maintain the fairness, unity, and sustainable development of the work-related injury insurance system, the Ministry of Human Resources and Social Security recently issued the "Opinions on Several Issues Concerning the Implementation of the Work Injury Insurance Regulations (III)" (hereinafter referred to as "Opinions (III)"), improving the understanding and application of work-related injury insurance regulations. Opinion (III) elaborates on the specific circumstances of "working hours, workplace, reasons for work" and employees' "commuting" in the determination of work-related injuries. Opinion (3) clarifies that medical injury infringement does not affect the determination of work-related injuries caused by the original accident. Injuries or fatalities caused by intentional crimes, drunkenness, drug use, self harm, or suicide of the employee cannot be recognized as work-related injuries. The basis for determining work-related injuries and the time of death in traffic accidents that are not the main responsibility of the employee during commuting, as well as relevant regulations for determining work-related injuries caused by working from home. Opinion (3) requires the social insurance administrative department to lawfully accept work-related injury recognition applications for "illegal subcontracting" and "personal affiliation" situations, adjust treatment based on changes in the re examination and appraisal level, and correctly understand and grasp the applicable conditions for new expenses, further improve the level of legal administration, and effectively safeguard the legitimate rights and interests of injured workers and employers. Opinion (III) specifies the following situations that can be recognized as work-related injuries and the basis for recognition: firstly, it is clear that medical injury infringement does not affect the recognition of work-related injuries in the original accident. Regarding whether medical infringement in the medical treatment of work-related injuries among employees can be recognized as work-related injuries in practice, Article 4 of Opinion (III) clarifies that if an employee suffers from an accident injury or occupational disease due to work reasons, the medical infringement of the medical institution during the treatment process does not affect the recognition of the original work-related injury or occupational disease. However, the result of medical infringement damage is not caused by the work-related injury or occupational disease, and the related medical treatment and economic compensation caused by infringement are not within the scope of payment of the work-related injury insurance fund. The second is to clarify the relevant regulations on the recognition of work-related injuries caused by working from home. The core of work-related injuries is injuries caused by accidents due to work reasons. Article 9 of Opinion (III) clearly states that if employees are arranged to work from home according to their unit and there is sufficient evidence to prove that they have been injured due to work reasons during the period of working from home, the recognition of work-related injuries should not be affected by working from home. However, using modern communication methods such as WeChat, telephone, and email for simple work communication, which are temporary and occasional, shall not be considered as work-related reasons. At the same time, it has been clarified whether an employee's sudden illness at home falls under the category of "working hours and job position". The applicant has sufficient evidence to prove that working from home is based on the employer's job requirements and needs, and is basically consistent with daily work intensity and work status. If it clearly occupies the employee's rest time, it can be considered as "working hours and job position". The third is to clarify that injuries or fatalities caused by intentional crime, drunkenness, drug use, self harm, or suicide shall not be recognized as work-related injuries. Article 5 of Opinion (III) clearly states that according to relevant laws and regulations, employee injuries and deaths caused by intentional crimes, drunkenness or drug use, self harm or suicide of employees are not recognized as work-related injuries, and further clarifies the understanding and application of laws and regulations. The fourth is to clarify the basis for determining work-related injuries in traffic accidents that are not the main responsibility of the individual. Article 6 of Opinion (III) clearly states that the determination of "non primary responsibility" should be based on legal documents issued by relevant departments such as traffic management of public security organs or effective rulings of people's courts. At the same time, for those who cannot prove the occurrence of a traffic accident on the way to and from work, the work-related injury shall not be recognized, that is, if the relevant departments have not confirmed the existence of the traffic accident facts and the applicant cannot prove that they have suffered non primary responsibility for the traffic accident injury, the social insurance administrative department shall make a conclusion not to recognize the work-related injury. The fifth is to clarify the basis for the time of work-related death. In response to the problem of inconsistent understanding of determining the time of death in practice, Opinion (III) clarifies that the criteria and basis for determining the time of death of injured workers and citizens are consistent, that is, the time of death is based on the death time recorded in the "Resident Death Medical Certificate (Inference)" issued by medical and health institutions. If there is no "Resident Death Medical Certificate (Inference)", the time of death recorded in the death certificate issued by public security organs shall be used as the basis. If there is other evidence sufficient to refute the time recorded above, the time proven by that evidence shall prevail. (New Society)

Edit:Wang Shu Ying Responsible editor:Li Jie

Source:people.cn

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