Work-related injury case sharing (10): Was it considered a work-related injury after being hit while returning home after resigning?

Thread Content

Case Introduction: Lao Zhang was a laundry worker at a hotel in Yangzhou. In accordance with the company’s regulations, he was to complete his handover procedures on his last day of work. Around 10:00, while on his way home and nearly at his doorstep, he was injured in a car accident caused by a vehicle that ran a red light. 　　After recovering from his injury, Mr. Zhang asked his employer to recognize it as a work-related injury. However, it was rejected by the company. The reasons are as follows: First, Zhang has resigned; once the resignation procedures are completed and the contract with the company is terminated, he is no longer an employee of the company, and therefore any accident he experiences cannot be classified as a work-related injury ； Normally, work ends around 18:00, and returning home around 10:00 should not be considered as the end of working hours ； 　 Case Analysis Generally speaking, once an employee and an employer complete the procedures for ending the employment relationship, such relationship is terminated. In accordance with Article 34 of the Jiangsu Province Labor Contract Regulations, the termination time of a labor contract is 24:00 on the date of termination. In other words, companies must pay attention to the date on which the labor contract comes into effect; in other words, the end date of Zhang’s labor contract is not the date of signing, but rather the moment he leaves the workplace for home for the last time – that is when the contract officially ends. Therefore, from this perspective, the traffic accident that occurred to Old Zhang on his way home from work should be considered an occupational injury. Conclusion: Although a separation contract is signed in accordance with local regulations, the contract termination time is set at the time the employee arrives home; therefore, the journey home can be considered part of working hours, and any injuries sustained during this journey are regarded as work-related injuries.