最高法发布《关于审理工伤保险行政案件若干问题的规定》 (20/08/2014)

On June 18, 2014, the Supreme People's Court (the SPC) promulgated the Provisions on Several Issues Concerning the Hearing of Administrative Cases for Disputes over Work-related Injury Insurance (the Provisions), which became effective September 1, 2014.

Determination of “Work-Related Injuries”

The Provisions clarify the circumstances in which an injury will be deemed to have occurred for work- related reasons, during working hours and within the workplace, during a work-related trip or on the way to or from work.

According to the Provisions, the following circumstances, which are recognized by the administrative department of social insurance (the Social Insurance  Agency) as injuries “for  work-related  reasons, during working hours and within the workplace,” should be upheld by the competent people's court:

  1. the employee is injured at the workplace during working hours, and the employer or the Social Insurance Agency provides no evidence showing the injury is not related to work; 
  2. the employee is injured when participating in an activity organized by the employer or by another entity designated by the employer; 
  3. during working hours, the employee is injured due to work-related reasons in the reasonable area when travelling between workplaces relevant to his or her work duties; and 
  4. other circumstances in which an employee is injured due to performance of his or her work duties in a reasonable area during working hours.

According to the Provisions, the following circumstances fall into the scope of during the period of a business trip:

  1. the period when the employee engages in activities related to his or her work duties beyond the workplace as directed by the employer or due to work needs; 
  2. the period when the employee is designated by the employer to travel for training or to attend meetings; and 
  3. the period when the employee leaves the workplace for other activities due to work needs. 

However, during the period of a business trip, if an employee is injured while conducting personal activities irrelevant to his or her work or the training or meeting that he or she has been directed to attend, such injury shall not be recognized as a work-related injury.

According to the Provisions, where a Social Insurance Agency determines that an employee was “on the way to or from work” under any of the following circumstances, such determination should be upheld by a competent people's court:

  1. the employee was commuting along a reasonable route between his or her workplace and registered residence, habitual residence or the dormitory provided by his or her employer within a reasonable period of time; 
  2. the employee was commuting along a reasonable route between his or her workplace and the residence of his or her spouse, parents or children within a reasonable period of time; 
  3. the employee was carrying out activities necessary to meet the needs of his or her daily work and life along a reasonable route on the way to or from work; or 
  4. the employee was using one of the other reasonable routes on the way to or from work within a reasonable period of time.

Determination Regarding the Decision Made by the Social Insurance Agency Concerning the Work- Related Injuries for a Third Party’s Reason

The Provisions clarify when the employee will be deemed to have been injured for a third party's reason:

  1. where the employee is injured for a third party's reason, and the Social Insurance Agency decides not to designate such injuries as a work-related injury based on fact that the employee or his or her immediate family has filed a civil lawsuit against or obtain civil compensation from the third party, the people's court should not support such decision; 
  2. where the employee is injured for a third party's reason and the Social Insurance Agency has recognized the injury as the work-related injury, but the employee or his or her immediate family does not file a civil lawsuit against or obtain civil compensation from the third party, if the employee or his or her immediate family sues the Social Insurance Agency for payment of benefits for work-related injury insurance, the people's court should support such claim; and 
  3. where the employee is injured for a third party's reason but the Social Insurance Agency refuses to pay the benefits for work-related injury insurance based on the fact that the employee or his or her immediate family have filed a civil lawsuit against the third party, the people's court should not sup
  • The Provisions on Several Issues concerning the Hearing of Administrative Cases for Disputes over Work-related Injury Insurance
  • 《关于审理工伤保险行政案件若干问题的规定》
  • Issuing authority: Supreme People's Court
  • Date of issuance: June 18, 2014 / Effective date: September 1, 2014