Detailed definition of work injury

On 20 August 2014, China’s Supreme People’s Court detailed its judicial interpretations of injuries on the job. With rising numbers of workplace injury-related disputes in recent years, with a direct bearing both on workers’ immediate interests and on social stability, the Court has formulated a new Regulation on the definition of work injury as well as related insurance.

Given that there are often two or more employers involved in employment relations, controversies tend to occur about which employers should bear responsibility for providing work injury insurance. The new Regulation provides detailed stipulation of the ways to identify liabilities when it comes to dispatched and subcontracted workers, among others.
The Regulation also defines such concepts as “work-related reasons”, “worktime and workplace”, “outside the workplace for work-related reasons” as well as “on a route between work and the place of residence”. The Court noted that the injury to the employee should have occurred within a “reasonable timespan” and on a “reasonable route”, and have been sustained in the course of doing something necessary for their work or their lives. A reasonable timespan would include either time spent on work outside normal working hours or time spent waiting in the workplace before the end of the rush hour, while a “reasonable route” could include a visit to a market on an employee’s way home.
According to the law, employees with recognized work injuries can not only claim related compensation from insurers, but also receive their normal salary from their employer. The new ruling took effect on 1 September 2014.

  Source: ACFTU  2014-09-03

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