Work-related injury recognition tip 29: If one goes on a business trip on their own without being assigned by a supervisor and suffers an accident on the way back, can it be considered a work-related injury?

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Case Details: Chen is a forklift operator at a stone factory. During a pre-work preparation session, he found that the forklift he was driving would not start properly. Chen immediately approached technician Yang, who provides ongoing maintenance services for the factory, to carry out the repairs. After some inspection, Yang found that there was a fault with the forklift’s oil pump, and it needed to be repaired in the county town. Unfortunately, the duty class teacher was unavailable that day due to leave, and Chen tried to call the factory management but failed to get in touch. To avoid disrupting normal production, Chen decided on his own to go to the county town as soon as possible to have the oil pump repaired. Due to his limited familiarity with the working principles of oil pumps, Chen invited the maintenance technician Yang to go there together by motorcycle. On their way back to the factory after finishing work on the oil pump, the two were involved in a traffic accident; Yang died on the spot while Chen suffered serious injuries. The traffic police department’s accident liability determination report concluded that neither Yang nor Chen was at fault. 　　Subsequently, the families of both individuals filed applications with the local social insurance administration for recognition of their injuries as work-related, on the grounds that they were injured while on business trips due to work reasons. Analysis: After accepting an application for work-related injury recognition, the social insurance administration department issues a notice requiring the stone factory to provide evidence within a specified time frame, in accordance with the law. The stone factory argued that although Chen was a forklift operator at their factory, on the day of the accident he went to the town to service the fuel pump without the approval or authorization of the shift supervisor or factory management; it was therefore an unauthorized departure, and he should not be considered to have suffered a work-related injury ； Yang is not an employee of this company; he merely provides forklift repair services to the factory on a regular or irregular basis. The factory pays him for his services promptly after each job, and the relationship between the two parties is one of temporary labor service, so it should not be considered an occupational injury. 　　Upon investigation, it was confirmed that the only purpose of Chen and Yang going to the county town on the day of the accident was to service the oil pump, as verified by the oil pump repair shop and the factory security guard. And to ensure the normal operation of the factory, the two of them returned promptly after finishing work on the oil pump at school. Yang is a forklift technician who works for multiple stone processing plants; he is not an employee of any of these plants, and therefore no labor relationship exists between him and them. 　　After verifying the circumstances, the local social insurance administration department, in accordance with Article 14, Item (5) of the Regulations on Work-related Injury Insurance, which stipulates that injuries sustained by employees \"while on business trips due to work reasons, or in accidents resulting in their disappearance\", shall be recognized as work-related injuries, determined that Chen’s injury was a work-related injury. At the same time, the staff provided detailed explanations to Yang’s family, urging them to withdraw their application for work-related injury recognition and instead seek civil compensation from the stone factory. 　　Soon, the stone factory reached an agreement with Yang’s family by paying a one-time compensation amount, but it still disagreed with the decision regarding Chen. The stone factory insists that Chen left without permission, and he should bear the consequences of his actions. Considering that his departure was aimed at protecting the interests of the company, the stone factory stated that it could provide some financial assistance for medical expenses out of sympathy, but refused to pay the insurance benefits stipulated by regulations, and filed a lawsuit in the local people’s court. After consideration, the local people’s court rendered a judgment in accordance with the law, upholding the decision made by the social insurance administration authority that Chen’s injuries constituted work-related injuries. According to Article 14, Paragraph (5) of the Regulations on Work-related Injury Insurance, it is stipulated that: \"If an employee is injured due to work reasons while on a business trip, or if they go missing as a result of an accident, such situation shall be recognized as a work-related injury.\" ”The term “working away from the office” here refers to the situation where an employee, rather than being within the scope of work at their own workplace, is assigned by their supervisor to carry out tasks outside that workplace due to work requirements ； Or, in order to complete the work better, one may go outside their own organization to carry out tasks related to their job. 　　The term “outside area” here has two meanings: one refers to places outside the own unit, but still within the local region ； The second refers to not only leaving one’s own unit but also going to another place. For the former, it can be assigned by a supervisor, or the employee can decide on their own due to job requirements ； For the latter, assignment by a unit leader is required. Since Chen was unable to get in touch with the unit’s management, and in order to avoid disrupting the normal production processes and protecting the interests of the unit, he proactively went to the county town (within the local area but outside the unit) to repair the oil pump; this clearly falls under the first scenario, allowing him to take action on his own due to the demands of his duties, without needing authorization from management. 　　Meanwhile, regarding the determination of work-related injuries that occur during trips on business, Article 5 of the Supreme People’s Court’s “Provisions on Several Issues Concerning the Trial of Administrative Cases Involving Work-Related Injury Insurance” (Legal Interpretation [2014] No. 9) stipulates that when an employee is assigned by the employer or needs to carry out activities related to their job duties outside the workplace, and the social insurance administration authorities classify such situations as “trips on business,” the people’s courts shall support such classifications. It can be seen that the \"period of being away on business\" constitutes a special case of \"working hours,\" and its determination should take into account factors such as whether the employee’s absence is necessary for work or to safeguard the legitimate interests of the employer. It is one-sided for stone factories to use \"whether assignment was given or not\" as the sole criterion for determining work-related injuries.