Identification Of Work Injuries With Unclear Responsibility For Traffic Accidents

With the continuous prosperity of China's socialist market economy,the level of urbanization continues to increase,and the number of labor-employed people continues to rise.Various types of work-related administrative litigation cases have also shown an upward trend year by year.The work injury identification system is the most important component of the current work injury insurance system in China,and it is the premise and basis for the casualty workers to enjoy the relevant treatment of work injury insurance benefits according to law.Regrettably,the current Domestic Work Injury Insurance Regulations added a limitation of “non-my primary responsibility” in Article 14(6),but did not make detailed provisions on this.In practice,many traffic accidents suffered by employees are unable to make responsibility for various reasons.The local people's social and social departments can not rely on the identification of work-related injuries under such circumstances,and can only rely on their own understanding of the law.However,the quality of the work injury identification conclusions made under such circumstances is often not ideal,which not only makes the social insurance administrative department face the risk of administrative reconsideration and litigation at any time,but also causes such work injury identification cases to fall into administrative confirmation and administrative litigation procedures.The state of the loop.Therefore,it is necessary to further explore and study the problem of work injury identification in the case of unclear responsibility for traffic accidents.This article takes a company sued Mianyang Human Resources and Social Security Bureau and Tian labor and social security administrative confirmation as an example.Based on a comprehensive understanding of the case,I sort out three controversial disputes.The disputes of this case are as follows: 1.Whether the traffic accident suffered by the employee Cao is commute on the way to work;2.Whether the work injury certificate is established,which one made by the Mianyang Municipal Human Resources and Social Security Bureau;3.In this case how to deal with work-related injuries with unclear responsibilities.I analyze the above disputes with the current laws and regulations,judicial interpretation,and legal theory,and draw the following conclusions: the traffic accident suffered by Cao should be identified as occurring on the way to work;The determination decision made by Mianyang City Human Resources and Social Security Bureau is not established;the social security administrative department should proceed from the attributeof the social law of the industrial injury insurance system when dealing with work injury identification cases where the responsibility for traffic accidents is unknown.Finally,I start with the problems,which reflected in the handling of this case,and conduct an in-depth analyze of various work-related injury identification modes adopted by the social insurance administrative department in the case of unclear responsibility for traffic accidents,and sort out the causes of the problems.Put forward specific solutions at the legislative and judicial level to deal with the problems.