Work-related injury recognition tip 25: If an employee is knocked down by a passing vehicle on their way home on foot and injured by rebar, can it be classified as a work-related injury?

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This post was last edited by wang*nhua77020 on 2016-10-25 23:15. Case review: Wang is an employee of a certain company. At around 11:45 on July 22, 2013, while Wang was walking home from work at an intersection, someone driving a van hit one of the construction barriers in place for the work, injuring Wang. The accident handling department of the local traffic police force issued a certificate stating: “...Upon on-site inspection, it was found that this section of road is closed due to construction.” The small passenger vehicle hit a steel bar holding a construction wire, injuring Wang who was walking by. The case was then transferred to the local police station for handling. ”The police station issued a certificate stating: \"At 11:45 on July 22, 2013, our station received a call forwarded by 122 stating: … This incident was a civil dispute, and it was advised that the matter be resolved through negotiation.\" ” 　　Afterward, Wang submitted an application for work-related injury recognition to the local social insurance administration department. After conducting an investigation and verification, the local social insurance administration authority, in accordance with Article 14, Item (6) of the Regulations on Work-related Injury Insurance, decided not to recognize Wang’s injury as a work-related injury. Wang disagreed and filed an administrative lawsuit with the local people’s court. After reviewing the case, the court upheld the decision made by the social insurance administration department to deny Wang the status of an employee injured at work. Case Analysis: Article 14, Paragraph (6) of the Regulations on Work-related Injury Insurance stipulates that \"if an employee is injured in a traffic accident, or an accident involving urban rail transit, passenger ferries, or trains, while commuting to or from work, and the employee is not primarily at fault for such accident, it shall be recognized as a work-related injury.\" 　　In this case, although Wang was injured in an accident while on his way home from work, that accident was not recognized as a traffic accident by the traffic management authorities; it therefore does not fall under the statutory circumstances that would warrant it to be classified as a work-related injury. 　　In summary, the local social insurance administration department’s decision not to recognize Wang’s injury as a work-related injury is in compliance with legal provisions. The party concerned may apply to the local people’s court for civil compensation in accordance with the law. Conclusion: No work-related injury recognized