The Opinion on Several Issues concerning the Implementation of the Regulations on Work-related Injury Insurance (the “Opinion”) was released and took effect on April 25, 2013.

Injuries due to performance of duty occurring during the period of business trip should be determined as work-related injuries. To determine the "period of business trip ", it should be considered whether the employee is assigned by the employer to go out for business and whether the injury is resulting from his/her performance of duty.

In accordance with the Opinion, the determination of "non-primary personal liability", i.e. whether the traffic accident occurring in the employee’s commute to or back from work shall be mainly imputed to the employee’s fault, shall be concluded based on legal instruments issued by competent authorities or valid judgments rendered by the court.

Where an employee suffers work-related injuries for several times during the consecutive period of his/her service with the same employer, and is assessed to have disability of Grade 5 to10, a lump-sum disability employment subsidy and a lump-sum medical subsidy for work-related injuries shall be calculated and paid to the employee according to the highest grade assessed for the work-related injuries during the period of his/her continuous service with the same period.

Moreover, the Opinion provides the process of “firstly confirming existence of the employment relationship, then making determination of the  work-related injury”, the treatment for those who are diagnosed or officially appraised to have occupational disease after leaving their posts, etc.

KWM Comments:

The Opinion provides enforceable criterions and procedures for the matters arising from the implementation of the Regulations on Work-related Injury Insurance. And employers and employees shall pay attention to the its regulations regarding "period of business travel", "non-primary personal liability" and other issues when applying for the determination of work-related injury.