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published in(发表于) 2014/8/21 9:05:13
Supreme Court： stopped by after work to buy food is an accident injury

Beijing News dispatch (reporter Xing Shiwei) on his way from work to the markets to buy food, and by the way, should also be counted as work-related injuries. Yesterday, the Supreme Court issued the Supreme People's Court on several issues concerning the trial of administrative cases of industrial injury insurance regulations (hereinafter referred to as the regulations), that "travelling" four scenarios should be considered work-related injuries, the "reasonable time" and "reasonable line" was key.

　　"In connection with different"

In recent years, compensation has been the focus of disputes between employers and fields, but due to the lack of detailed judicial interpretation, "commuting" circumstances is injured at work, have appeared all over "in connection with different" problem.

For this reason, the regulations detailed the work-related injury certification in the identification, at the intersection of labor relations in work injury certification "work, hours of work and the workplace", "during the work-out" and "commuting" identified issues.

　　"Reasonable" into a work-related injury certification key

Commute is a concern for social work-injury identification, be specific in the regulations for the first time, one of the most critical is the "reasonable time" and "reasonable line".

For a reasonable time, Zhao Daguang further explained, "what is a reasonable time? The reasonable time can be very broad, is should we have legitimacy. ”

Zhao Daguang believes that commuters have a time zone, such as following the class, would also like to add for a while, or after the rush and then go home, they all belong to a reasonable time.

For the "reasonable line" range, for example, Zhao Daguang said, "such as work needed on the way to the market to buy some food and then go home, and by the way, is not reasonable route, if must be required in daily work activities? We think that should be included. ”

■ 链接

"Commuting" identified

Sixth article of the regulations: the social security administration identified the following as "travelling", the Court should be supported:

(A) within a reasonable time to and from work and the domicile, habitual residence, reasonable routes travelling to units.

(B) for getting to work at a reasonable time and reasonable route to residence of the spouses, parents, children travelling.

(C) the need to belong to the daily life activities, and commuting within a reasonable time and reasonable routes.

(D) other reasonable routes travelling in a reasonable time.

　　"During the work-out" identified

Of the provisions of the said employee designated by the employer, or because of work, beyond the workplace engaged in job-related activities during the assigned by the employer and its employees go out to study or during the session; other employees whose work requires them to go out during the event, shall be deemed to be work-related injuries.

■ 案例

Lunch break back hurt when he was identified as a "reasonable time"

The plaintiffs He Peixiang, Xuzhou city, Jiangsu Province, Department of primary school teachers in Xinyi bei Gou Zhen Shi Jian. The morning of December 22, 2006, He Peixiang Shi Jian placed in Xinyi city, West elementary school classes in primary schools, dining, lunch in the Xinyi district. Because there is no direct bus, He Peixiang on motorcycles, taking the bus, walking to and from a combination of.

Around 15:40, Shi Jian Xing Hanmin in primary school, He Jiqiang, Zhou Enyu etc when driving past da Chen Zhuang Shi Jian Village cement road, found He Peixiang motorcyclist fell down next to the cement road of Shi Jian, at a distance of two hundred or three hundred meters.

Since then, Xinyi city, Jiangsu Province, work-related injury certification of labor and Social Security Bureau made the worker, finds that although He Peixiang from motor vehicle accident damage occurred on the rational route to and from work, but not from work within a reasonable time, not part of the commute, not as a work-related injury. He Peixiang to court.

Xinyi, Jiangsu Province people's Court trial, Xuzhou city intermediate people's Court of second instance that: He Peixiang lecture and lunch in the morning riding a motorcycle on the way back to school after the end of fall, return to work purpose, shall be deemed to be a reasonable time. Xinyi so the decision to withdraw the labor and Social Security Bureau of the work-related injury certification of workers.

(Original title: stopped by after work to buy food is an accident injuries)

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