The Spring Festival of 2024 is coming, and the Spring Festival mode has been opened all over the country, and people who work in other places have already embarked or are about to embark on the journey home for the New Year. However, in the past few days, many places have been hit by heavy snowfall, freezing rain, etc., and the probability of traffic accidents on the highway has also greatly increased, so that the festive festival has been covered with a trace of "haze".
Many of the people injured in these traffic accidents are "office workers" who are returning home for the New Year after a year's work, can their injuries be recognized as work-related injuries?
Article 14 of the Regulations on Work-related Injury Insurance (revised in 2010) stipulates that if a person is injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train for which he or she is not primarily responsible while commuting to or from work, it shall be deemed to be a work-related injury. Therefore, for an injury sustained on the way to and from work to constitute a work-related injury, the following conditions need to be met at the same time:
Traffic accidents occur "on the way to and from work".。According to the Provisions of the Supreme People's Court on Several Issues Concerning the Trial of Administrative Cases of Work-related Injury Insurance, the so-called "commuting to and from work" includes "on the way to work" and "on the way to work".It refers to commuting to and from work within a reasonable time between the place of work and the place of residence, habitual residence, dormitory of the workplace, or the place of residence of the spouse, parents, and children
2.The injured employee is not primarily responsible for the occurrence of traffic accidents。That is, the injured employee is not responsible for the occurrence of the accident, or is only secondarily liable, or equally responsible. If the traffic accident is caused by the main cause or even all of the reasons caused by the injured employee, the injury suffered by the employee cannot be recognized as a work-related injury.
The following four factors need to be considered in the judgment of "commuting to and from work":
1.the employee's origin and destination;
2.whether the employee's travel behavior has the intention to go to or from work;
3.whether the employee's travel time is "reasonable";
4.Whether the employee's travel route is a "reasonable route".
First of all, the employee's place of departure and destination, one end must be the place of work, that is, the place of the company or other places required for work, and the other end must be the place of residence, habitual residence, dormitory or place of residence of spouse, parents and children. The place of residence usually refers to the place of residence of the employee, and the place of habitual residence must be a relatively stable long-term residence (such as a rented house) compared to the place of residence.
Second, the employee must travel with "commuting intent," i.e., to travel to work, or to return to their home after work.
Thirdly, to determine whether an employee's travel time is "reasonable time", it is necessary to combine the company's prescribed working time, after-work time, and travel time required to travel to and from the company. At the same time, it is important to note,For the judgment of "reasonable time", it cannot be considered that it must be on a working day to be "on the way to and from work", and it is also necessary to consider some reasonable preparations or finishing tasks made by employees before and after working hours for work
Finally, a "reasonable route" is a route that is more convenient to connect the place of work with the place of residence, and consumes less travel time.
According to the general language habits of Chinese, the place of work refers to the location of the company, or the place where it is necessary to stay for the performance of work affairs, and "hometown" generally refers to the place of residence in a different city from the place of work. For going to and from home on holidays, whether it can be recognized as "commuting to and from work", it is necessary to distinguish between "going to work" and "getting off work":
1.The place of departure is hometown, the destination is the company, and the employee travels for work, which can generally be identified as "on the way to and from work"; However, if the purpose of going to the company is not to go to work (for example, you need to go to the company to pick up an important personal property first), it cannot be considered as "commuting to and from work".
2.The place of departure is the hometown, the destination is the place of habitual residence of the company, and the employee does not travel for work, which generally cannot be recognized as "on the way to and from work"; However, if an employee returns to his or her place of habitual residence for the purpose of going to work, it needs to be judged in light of the travel time: I believe that in order to arrive at the place of habitual residence within one day before going to work, it can be considered "on the way to and from work", otherwise it cannot be deemed to be "on the way to and from work".
3.The departure place is the company, the destination is the hometown, and the employee goes back to the hometown directly after the last working day, which is in line with common sense and can be recognized as "on the way to get off work".
4.The place of departure is the company, and the ultimate destination is the hometown, but the situation of returning to the place of habitual residence or other places before returning to the hometown is beyond the reasonable understanding of "returning home from work", so it cannot be considered as "on the way from work". Through the above analysis, we can know that if a traffic accident occurs during the holiday and is recognized as a work-related injury, the following conditions must be met at the same time:
1.Leave your hometown to work directly from your hometown, or leave your hometown to arrive at your place of residence the day before work, or go straight back to your hometown after the last working day.
2.For traffic accidents that occur, the primary or full responsibility is not assumed.
Wang Zhiguo v. Chongqing Wanzhou District Human Resources and Social Security Bureau for work-related injury determination and Chongqing Municipal Human Resources and Social Security Bureau Administrative Reconsideration Case