On June 18, 2014, the PRC Supreme People’s Court issued theProvisions on Various Issues Regarding the Handling of Work Injury Administrative Lawsuits (“Work Injury Interpretation”), which will take effect on September 1, 2014. The Work Injury Interpretation provides more specific guidance on the circumstances in which an injury suffered by an employee shall be considered as a work injury, how to allocate liabilities in cases involving multiple parties, and on other issues.
The Work Injury Interpretation expands upon existing regulations regarding the scope of injuries that may be considered work injuries: For example, injuries occurring during social events organized by a company would be considered a work injury. Furthermore, while existing regulations already state that injuries occurring during commutes to and from work would be considered a work injury, the Work Injury Interpretation makes clear that even if an employee takes an indirect route back home, for example to take care of necessary errands like shopping for groceries, injuries that occur during reasonable stops on the way back home can be considered work injuries.
Furthermore, the Work Injury Interpretation also provides guidance on who will assume liabilities for the employee’s work injury in situations involving multiple parties. For example, if an employee has two or more employers and suffers a work injury, the employer for whom the employee was actually working when the injury took place shall assume the work injury liabilities to the employee. More significantly, if a dispatched worker suffers a work injury while working for his/her host company, the labor agency that employs and dispatches the injured worker shall assume work injury liabilities to the dispatched worker.