Case Analysis (12): How do you decide?
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This post was last edited by slll611 on 2016-3-22 at 15:24. Case: Qu, an employee of a power company, took annual leave in February 2014 to visit his parents; while returning to his workplace by long-distance bus in March, he was injured in a car accident. Qu applied to his employer for workers’ compensation benefits, but the company did not handle his related issues as if it were a work-related injury. In June of the same year, Qu submitted an application to the social insurance administration department for recognition of the injury as a work-related injury, requesting that it be classified as such. Employee Qu believes that he took his annual leave as permitted to visit his parents, and returned to his workplace to resume work; the injury he sustained in a car accident on the way should be considered an injury resulting from work-related activities. The employer believes that Qu’s injury resulting from the car accident did not occur on his way to or from work, and therefore his injury should not be classified as a work-related injury. Dispute focus: If an employee is injured while traveling to and from home to visit their parents during their annual leave, can it be considered a work-related injury? How do you decide?
There must be some time limit for this commute as well, right? If it takes a whole day for someone to get back, can that still be considered acceptable? This question has been asked before, but there is no answer. Personally, I don’t think so.
In my opinion, it should not be classified as a work-related injury; he was returning to his place of accommodation, not on his way to work
Returning home to visit one’s parents is a normal family activity, and an accident that occurs in such a situation cannot be considered a work-related injury.
In accordance with the newly revised \"Regulations on Work-related Injury Insurance\" implemented in China on January 1, 2011, (vi) an accident that occurs to an employee while traveling on a reasonable route between the workplace and the residence of their spouse, parents, or children within a reasonable time frame can also be recognized as a work-related injury. ......In cases of illegal driving (driving without a license) that reaches the level of causing a traffic accident, it will not be recognized as a work-related injury.
It cannot be classified as a work-related injury. Reason: Qu was on his way back to the workplace after visiting his parents, and not on his way to or from work; therefore, it cannot be considered a work-related injury
It cannot be recognized as a work-related injury. Those supporting the employer argue that Qu’s injury in the car accident did not occur on his way to or from work, and therefore its nature should not be classified as a work-related injury.