Do Six Special Circumstances Count as Work-Related Injuries?

Q1: If an employee leaves work early without authorization and is hit by a motor vehicle on the way home, does this constitute a work-related injury?

A: China's "Regulations on Work-Related Injury Insurance" stipulates: "Injuries caused by motor vehicle accidents during commuting to and from work shall be recognized as work-related injuries." An employee leaving work early without authorization is a violation of labor discipline and should be subject to corresponding disciplinary action by the employer. However, refusal to recognize a work-related injury cannot be justified solely because the employee violated labor discipline. Although the employee did not return home during the normal off-duty time, objectively speaking, even if the employee left early, they were still returning home from the workplace after work, which still falls within the commuting period and is still considered "during commuting to and from work." Therefore, it should be recognized as a work-related injury.

　　Q2: If a motor vehicle accident occurs while an employee is heading to a non-fixed residence, a child's school, or a market after work, is it recognized as a work-related injury?

a: Although the law does not explicitly define "commuting to and from work," it is generally understood as the process of an employee leaving the workplace to go home or leaving home to return to the workplace within a reasonable time and route. If the employee goes elsewhere to handle other matters along the way, and those matters are necessarily related to work or returning home, that process should also be considered as commuting. The revised "Workplace Injury Insurance Regulations," effective from January 1, 2011, removed the old law's restriction on a "necessary route" for commuting. Commuting should be understood as a journey for the purpose of going to work. If an employee, after work, goes to a non-fixed residence, a child's school, or a market, it can be considered a "reasonable route during the commute home." If the employee dies in an accident during this journey where they are not primarily at fault, Article 14(6) of the Workplace Injury Insurance Regulations should apply, and it should be deemed a work-related injury.

q3: Can injuries sustained during recreational activities organized by the employer (such as trips, social dances, sports competitions, etc.) be recognized as work-related injuries?

a: The most important criterion for determining whether an injury is work-related is whether it occurs at the workplace due to work reasons. Whether injuries sustained during recreational activities organized by the employer can be recognized as work-related injuries depends on the circumstances:

First, social dances and sports competitions are activities conducted for the benefit of work, such as business interactions between employers or building corporate culture. They contribute to enhancing corporate cohesion, fostering corporate culture, and strengthening the company's image. Ultimately, they are beneficial to the company's operations and should be considered an integral part of work. Injuries sustained during such activities should be recognized as work-related injuries.

Second, if an employee is injured during a purely welfare-oriented collective activity organized by the employer, such as recreational or leisure activities like recuperation trips or tours that employees can voluntarily participate in, it cannot be recognized as a work-related injury. This is because such activities are unrelated to work and are a welfare benefit provided by the employer to employees. To alleviate the financial burden on injured employees and avoid unnecessary conflicts and disputes, employers can purchase commercial insurance, such as personal accident insurance, for employees in advance.

In judicial practice, determining whether an injury sustained by an employee during a collective activity organized by the employer is caused by "work reasons" generally involves examining the following three aspects:

1. Whether collective activities have a relatively direct relationship with work tasks;

2. Whether collective activities are mandatory;

3. Whether the purpose of collective activities is related to the interests of the enterprise.

Q4: If an employee has an accident during paid leave, can it be recognized as a work-related injury?

A: Injuries or deaths occurring during paid leave are not caused by work reasons in the workplace or during work hours, so they cannot be recognized as work-related injuries. It is worth noting that if an employee uses paid leave for travel and is injured in a traffic accident for which they are not primarily responsible while traveling directly from the company to the airport, train station, or other departure points, according to relevant regulations, this route should be considered as "commuting," and the employee may be eligible for work-related injury insurance compensation.

Q5: If injuries or deaths occur due to drinking at work social events or company annual parties, can they be recognized as work-related injuries? Can illnesses caused by long-term drinking at social events be recognized as occupational diseases?

a: According to the clear provisions of the new "Workplace Injury Insurance Regulations", if an employee is injured due to drunkenness, it shall not be recognized as a work-related injury or deemed as such. Therefore, whether it is drinking with clients to maintain business relationships or drinking with colleagues and leaders to build rapport, it cannot be recognized as a work-related injury.

At the same time, occupational diseases as defined by China's "Occupational Disease Prevention and Control Law" refer to diseases caused by exposure to dust, radioactive substances, and other toxic or harmful factors during occupational activities by workers in enterprises, institutions, and individual economic organizations. They must be diseases listed in the nationally published classification and catalog of occupational diseases. Therefore, diseases caused by drinking for social purposes are not occupational diseases as defined by Chinese law and cannot qualify for occupational disease benefits.

q6: If an employee has an accident during a work break, can it be recognized as a work-related injury?

a: Work break time should be considered as working time. Although resting during work breaks is unrelated to work content, it is a normal, necessary, and reasonable physiological need in daily work and is inseparable from normal work. Resting during work hours is intended to enable better labor and improve work efficiency in subsequent work periods, so it should also be attributed to work-related reasons. Combined with the provisions of the "Workplace Injury Insurance Regulations" on the recognition of work-related injuries, accidents occurring during work breaks meet the conditions of "at the workplace, during working hours, due to work-related reasons" and should be recognized as work-related injuries. It should also be noted that whether it is "due to work-related reasons" needs to be analyzed based on specific circumstances and cannot be generalized.