Is this considered a work-related injury? You’re welcome to participate
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Guo is a security guard at a technology company. In July 2015, Guo submitted an application to the local social insurance authorities for recognition of his work-related injury, stating that he suffered a fracture in his left tibia in a traffic accident while riding a bicycle home at 7 p.m. in October 2014; he also presented an accident report issued by the local traffic police department, which determined that he was not at fault. Subsequently, staff from the social insurance administration department conducted an inquiry with the technology company. The company’s human resources manager acknowledged that the facts regarding Guo’s traffic accident were clear and that the route taken was correct. However, the manager stated that Guo’s regular quitting time was 8 p.m., and that by leaving work earlier without obtaining permission from the company’s management, Guo had violated the company’s rules and regulations; therefore, it should not be considered a work-related injury. Is an accident that occurs while an employee is leaving work early considered a work-related injury? In accordance with Article 14, Item 6 of the Regulations on Work-related Injury Insurance, the social insurance administration department determined that Guo’s injury constitutes a work-related injury. In this case, both parties acknowledge the fact that Guo was injured in a traffic accident. The company believes that Guo left work ahead of time in violation of the company’s rules and regulations, and therefore it does not constitute being on his way home from work. The social insurance administration believes that violating corporate rules and regulations and whether an injury constitutes a work-related injury are two separate legal issues. Guo failed to go through the proper leave procedures and left work early, which is an issue related to internal company management; the company can take action in accordance with relevant rules and regulations. However, the determination of work-related injuries follows a principle of no-fault liability; violations of corporate rules and regulations do not affect the outcome of such determinations. Therefore, when Guo was involved in the accident, he should have been on his way home from work, and his injuries should be classified as work-related injuries.
Leaving work early is merely a violation of company policies, not illegal, and should be considered an occupational injury!
I remember something similar happening here; it was said that in the end it wasn’t classified as a work-related injury, but I’m not sure if that’s true
Whether an act is illegal or not has nothing to do with the determination of work-related injuries
Guo violated the company’s rules and regulations by leaving work abnormally, and therefore should not be considered to have suffered a work-related injury.
(6) An accident that occurs to an employee on the way to and from work along 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. Those injured in traffic accidents that are not primarily their own fault, or in accidents involving urban rail transit, passenger ferries, or trains. (Interpretation by the Supreme People’s Court on the determination of work-related injuries (effective as of September 1, 2014): “On the way to and from work” refers to accidents resulting in personal injury that occur during the necessary journey from one’s residence to the workplace, within the required time frame. 】 In cases of injuries resulting from motor vehicle accidents, the issue of illegal driving should also be taken into account; such incidents often occur when riding a two-wheeled motorcycle. For those who drive illegally (without a license) and whose actions constitute traffic accidents, it is not considered a work-related injury. In this case, Guo’s actions fully comply with the provisions of this regulation, and it should be classified as a work-related injury.
This must be considered an work-related injury; failing to take leave can only be regarded as a violation of company rules, and it cannot be used as a basis to deny that it is a work-related injury
Violating corporate rules and regulations is a separate legal issue from whether an injury constitutes a work-related injury. Guo failed to go through the proper leave procedures and left work early, which is an issue related to internal company management; the company can take action in accordance with relevant rules and regulations. However, the determination of work-related injuries follows a principle of no-fault liability; violations of corporate rules and regulations do not affect the outcome of such determinations. Therefore, when Guo was involved in the accident, he should have been on his way home from work, and his injuries should be classified as work-related injuries.