Comment On The Case Of Identification Of The Industrial Injury On The Way Between Home And Office

With the development of industrial mass production, the industrial injury insurancesystem gradually established and perfected. The object and purpose of the industrial injuryinsurance system is to protect the workers who suffer the industrial injuries can get relief. Inrecent years, the number of the injury administrative cases has rising, especially identificationof the industrial injury cases. Identification of the industrial injury plays an important role inthe industrial injury insurance. It’s the premise of the industrial injury insurance claims. Theworkers are eligible to obtain compensation after get the identification of the industrial injurywhich identified by the labor administrative departments.However, there are someshortcomings about the laws of identification of the industrial injury in our country.So thatthere exists a lot of dispute in judicial practice.Through this paper of the the Liang Yijun caseanalysis,make some suggestions for the identification of the industrial injury.The first part,introduce the case of Liang Yijun.The second part, introduce the focus of the case from two different viewsThe third part, analyze this case profoundly,separately from defined of the industrialinjury, its principles, the current standard and the commuting accidents.The identification ofthe industrial injury principles includes the protection of the interests of workers, work-relatedand no-fault principle. The work-related element should be the key element in the threeelements of the standard. Commuting accidents include not only the traffic accidents causedby motor vehicles,but also other incidents.From the legal principle of fair and equitable, LiangYijun, non-motor vehicle accidents should also be identified as work injury.The fourth part, there are bugs in the laws, the method of list cannot contain all situations,the rules cannot definition of identification of the industrial injury by non-motor vehicle in theway between home and office,and lack of unified standard which make the disput inerease.The fifth part, in order to solve those problems，the paper raises relevant advice. First,perfect the law, formulate general terms and conditions about identification of the industrialinjury.Second,unify the standard, to determine the core status of work reasons.Last, makedefinition of identification of the industrial injury by non-motor vehicle and scope of the waybetween home and office...