Popularize the law by case ｜ Can a traffic accident with unknown responsibility occur on the way to and from work be recognized as a work-related injury？
Case situation
Wang is an employee of a company, and his working hours are from 08:30 to 18:00. At 8 o'clock in the morning of July 9, 2021, when Wang rode a battery car from home to work in the company, he was driving from east to west along a non-motorized vehicle lane. Due to oil pollution on the ground, Wang slipped and fell on the battery car, causing his right ankle to be injured. Wang called the police on the spot, and the traffic police department issued a road traffic accident certificate after the on-site investigation. It was found that the oil pollution in the incident was spilled in the sewage pipe along the sidewalk in the northwest corner of a certain road section, but the responsibility for the accident was not divided.
On June 17, 2022, Wang's company submitted an application for work-related injury identification of the above accident to our bureau, which accepted it on June 22, 2022 and conducted an investigation. During this period, Wang filed a civil lawsuit with Fengxian District People's Court on the tort liability dispute of the accident. After civil judgment, the defendant, a hotel legal person, took 50%, the defendant, a catering company and a cleaning company each took 15%, the defendant, a property company took 10%, and the plaintiff, Wang, took 10%. In the end, our bureau made a decision to identify work-related injuries.
Fatiao
Application of law
Item (6) of Article 14 of the Regulations on Work-related Injury Insurance stipulates: "On the way to and from work, anyone who is injured by a traffic accident or an urban rail transit, passenger ferry or train accident for which he is not primarily responsible" shall be deemed as a work-related injury.
The Letter of General Office of Ministry of Human Resources and Social Security (No.339 [2011] of the People's Social Welfare Department) puts forward the following opinions on how to understand and apply the provisions in Item (6) of Article 14 of the Regulations on Work Injury Insurance: 1. "On the way to and from work" refers to reasonable commuting time and reasonable commuting route. 2. Accidents that are not my main responsibility include traffic accidents that are not my main responsibility and urban rail transit, passenger ferry and train accidents that are not my main responsibility. Among them, "traffic accident" refers to the incident of personal injury or property loss caused by the fault or accident of the vehicle on the road as stipulated in Article 119 of the Road Traffic Safety Law. "Vehicle" refers to motor vehicles and non-motor vehicles; "Road" refers to highways, urban roads and places where social motor vehicles are allowed to pass, including squares, public parking lots and other places for public access. 3. The identification of "accidents for which I am not primarily responsible" shall be based on the relevant legal documents issued by traffic management, transportation, railways and other departments of public security organs or judicial organs, as well as organizations authorized by laws and administrative regulations.
About the implementation<工伤保险条例>Article 2 of Opinions on Several Issues (No.34 [2013] of the Ministry of Human Resources and Social Security) stipulates that the determination of "non-primary responsibility" as stipulated in Item (6) of Article 14 of the Regulations on Work-related Injury Insurance shall be based on legal documents issued by competent authorities or effective rulings of the people's courts.
Decompose
It can be seen that according to the above laws, regulations and policy norms, there are two prerequisites for traffic accidents on the way to and from work to be recognized as work-related injuries: first, within a reasonable time and within a reasonable route; Secondly, it is my main responsibility. In the case, Wang's work time and route were within a reasonable range. The public security organ issued a road traffic accident certificate for Wang's accident, and the court divided the responsibility for the accident. Wang did not bear the main responsibility for the traffic accident. To sum up, in this traffic accident, Wang should be identified as a work-related injury.
Source: Fengxian Industrial Injury Service
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