Research On Problems For The Determination Of Commuter Accident Injuries

Occupational injury insurance is a form of material assistance and financial compensation for workers or their dependents in the event of an accident at work or in a special legal situation,or injury,illness,disability or death due to occupational harmful factors Social insurance system.As we all know,the key to obtaining work injury insurance benefits is the identification of work injury.In recent years,the identification of work-related injuries in commuter accidents has become a hotly debated topic.The main problem reflected is that the results of judicial decisions are unconvincing.At present,China’s regulations on the determination of work-related injuries in commuting accidents are mainly stipulated in the "Work Injury Insurance Regulations" revised in 2010 and the judicial interpretations promulgated by the 2014 Supreme Law.Despite the above-mentioned regulations,especially the judicial interpretations issued by the Supreme Law in 2014,there are detailed enumerations and explanations for the cases of "on the way to and from get off work",courts at all levels in judicial practice Find it still difficult to grasp.On the one hand,for the injured workers,these problems directly lead to the inability to protect their legitimate rights and interests,which in turn affects their ability to continue working and even survive.On the other hand,this will also deepen the gap between employers and employees and is not conducive to building a harmonious labor relationship.The most important thing is that unconvincing of the verdict result is likely to breed some bad acts of revenge on society.All these are not only detrimental to the establishment of a fair and authoritative image of the judiciary,but also to the further development of the concept of the rule of labor law,and to the establishment of a harmonious society.This article is divided into four parts except for introduction and conclusion:The first part is the theoretical basis for the identification of work accidents during commute accidents.This section first defines and distinguishes between commuting accidents and "on the way to work" accidents.Secondly,the necessity of commuting accidents to be included in the work injury identification was analyzed and clarified.Finally,the two concepts of "non-personal responsibility" and the principle of no-fault liability for work injury insurance are defined,sorted out,and a proper solution is proposed according to the conflict situation.The second part is the status quo and problems of the identification of work accidentsduring commute accidents.This section is based on a review of the legislative history of work accidents in China.After summarizing and summarizing four typical judicial cases,we conclude that the problems in the identification of work accidents in China are unfolded sequentially.The third part is the legislative provisions and enlightenment on the identification of work injury in commuter accidents outside the region.This section is mainly through the research method of comparative method,It is hoped that we can learn from the relevant legislative regulations of commuting accidents in the United States,Germany and Japan to better solve the corresponding problems in China.The fourth part is the suggestions for improving the identification of work accidents in China.This section proposes to expand the scope of work injury identification for commuting accidents in light of the current difficulties,Standardize the determination of liability for commuting accident work injury identification,Reasonable identification of "on the way to work" and suggestions for correct handling of relief models.