Commuter Industrial Injury Law Problem Analysis

Accompanied by the arrival of industrial modernization and large-scaled machine production, the work injury insurance system has become an important invention in regulating labor relationships. As the development of the national workers’movements and the improvement in the level of social civilization and progress work injury insurance system increasingly becomes more scientific and perfect. In the procession of development in this area, because of many differences and improvements on the breadth and depth of the protection issues, great changes have been promoting in the relevant aspects. In terms of the provisions of "whether commuting accident can be identified as work-related injuries" has brought about great differences. Both in issuing under the former Ministry of Labor No.[266]"enterprise workers injury insurance pilot scheme" in1996and " Work Injury Insurance Regulations", which was implemented in2004. All regarded "Commute" as a logical extension of working hours and working locations. Therefore, the inclusion of this provision in the scope of protection of work-related injuries has more in line with the principle of protection of workers injury insurance tilt. On July23th,2009the State Council Legislative Affairs Office in the draft planed to amend the " Work Injury Insurance Regulations ", that is to say, to delete Item6of Article14of this Ordinance--the regulation of "the way to work by motor vehicle accidents should be identified as work-related injuries ", aroused widespread controversy and heated discussion. So, the2010stipulate commuting accidents requirements as follows:"On the way to work, workers suffer accidents by Motor vehicle and non-motor vehicle or urban rail transit and passenger ferry for the primary responsibility of non-self " are recognized as work-related injuries for limitation, and expanding it to non-motor vehicles, urban rail transit, passenger ferries, trains and other modes of transport. This provision not only conforms to the world on commuting accidents identified, but also in line with the trend of the direction of development of the industrial injury insurance and the development of human rights. In this paper I mainly want to compare the identification of commuter work-related injuries and the relevant provisions of our country with the countries in the world to clarify the specific definition of the way of commuter related injuries. By ways of comparising and analysising, The writer wants to clarify the identified gaps and shortcomings of our commuter work-related injuries, and then give suggestions of improvement.