Case Sharing on Work-Related Injury Recognition (5): An accident occurs while taking a child to school on the way to work – can it be classified as a work-related injury?
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Case introduction: Mr. Wang is an operator at an electronics company. On his way to work every day, he first takes his son to the bus stop located between his home and the workplace, allowing his son to take the bus to school by himself, before heading to work himself. In May 2014, while riding his motorcycle as usual to take his son to the bus stop, Wang was hit by a car and suffered rib fractures. According to the determination by the local traffic police department, Wang was found to bear no responsibility for the accident. Subsequently, Wang applied to the local social insurance administration for work-related injury recognition. When the staff from the social insurance administration department visited the electronics company for inquiries, the employer argued that the accident that occurred while Wang took his child to school could not be classified as a work-related injury. After conducting an investigation and verification, the local social insurance administration authority determined that Wang suffered a work-related injury in accordance with Article 14, Item 6 of the Regulations on Work-Related Injury Insurance. Case Analysis: Article 14, Paragraph 6 of the Regulations on Work-related Injury Insurance stipulates that injuries sustained by employees on their way to or from work as a result of traffic accidents for which they are not primarily responsible, or accidents involving urban rail transit, passenger ferries, or trains, shall be recognized as work-related injuries. Engaging in activities necessary for daily work and life, as well as traveling to and from work along reasonable routes within a reasonable time frame, falls under the category of \"commuting on the way to or from work\" as defined by the social insurance administration authorities. In this case, Wang taking his child to school on his way to work every morning falls within a reasonable time and route as part of his commute, and should be considered an activity necessary for his daily work and life. Conclusion: In summary, the local social insurance administration authority determined that the traffic accident that occurred while Wang was taking his child to school on his way to work was considered an occupational injury.
Supported. The bus stop between home and the workplace represents reasonable commuting times and routes.
By the way, this statement is not precise! If it’s in two directions, taking the child to school and going to work are they two separate activities? It’s not considered industrial and commercial
It is considered a work-related injury if it occurs between home and the workplace; otherwise, it is not.
Injuries sustained between home and the workplace are considered work-related injuries.
An occupational injury should be recognized; the concern is that the employer might prevent the claim from being filed in order to meet its annual safety targets
In my opinion, traveling from home to school does not count as a work-related injury, while traveling from school to the office does count as one
In this case, different people may arrive at different outcomes depending on their interpretations, and our legal provisions are not precise enough...
The “Provisions of the Supreme People’s Court on Several Issues Concerning the Trial of Administrative Cases Involving Work-related Injury Insurance” provide the following definition for “on the way to or from work”: Article 6 The people’s courts shall support the decisions made by social insurance administrative departments to classify the following situations as “on the way to or from work”: (1) Traveling along reasonable routes between the workplace and one’s residence, habitual place of residence, or employer-provided dormitory, within a reasonable time frame； (II) On the way to and from work along a reasonable route between the workplace and the residence of the spouse, parents, or children, within a reasonable time frame ； (III) Engaging in activities necessary for daily work and life, on the way to and from work along reasonable routes and within a reasonable time frame ； (IV) On the way to and from work via other reasonable routes within a reasonable time.