On The Identification Of Employee Work-related Injury In Commuting

The identification of work-related injuries caused by accidents commuting of employees has plagued employers and employees in judicial practice and has become a major difficulty in the identification of work-related injuries.There are three main problems highlighted:one is how to recognize "reasonable time" and "reasonable route"to identify "commuting";the second is that traffic accident prevention is not enough to resist other risks encountered on the way to employees;the third is "non-self" the main responsibility is unclear and the application is too rigid.This article starts with the analysis of typical cases,through the review of the current law and the study of academic viewpoints and the reference of extraterritorial commuting accident legislation,advocates the following three aspects to improve the identification of workers' injuries during work:(1)Recognizing that "the way to and from work" is based on the core principle of fulfilling labor obligations for work,uses "substantially reasonable" to judge the time and route on the way;(2)incorporates third party infringement and unilateral accidents into the scope of accident damage;(3)in the case where the liability for the accident cannot be determined,It is presumed to be "not the main responsibility of the person" and an exception is set up.If the occurrence of the accident is directly related to the specific work,the employee liability is restricted.