Provisions of the Supreme People’s Court on Several Issues concerning the Trial of Administrative Cases about Work-Related Injury Insurance（”Provisions”）has come into force on Sept. 1, 2014
In order to solve the difficulties in the determination of work-related injuries, the newly issued “Provisions” has highly summarized and further refined the problems exposed in practice after the implementation of the “Work Injury Insurance Regulations”. The highlights of the “Provisions” include:
Refine the requirements of ” due to work, working hours and workplace”
The burden of proof inversion has been applied in proving “due to work”, that is, if the employer has no evidence to prove irrelevant to performing duties within the working hours and the workplace, that would be regarded as “due to work”.
Working hours and workplace can be amplified within a reasonable scale.
Further define the three reasonable commuting routes of ” the way to work on ”
to and from work with the domicile, habitual residence , unit ;
to and from work with the domicile of spouses , parents, children;
in the part of the daily work activities required to live, such as pick up kids.
Clarify that where concurrence between work-related injury and the third person’s infringement happens, if the employee has obtained the medical expenses from third person, the social security institution may reject the amount that the employee has obtained; under other circumstances, the social security institution cannot reject.
Generally speaking, “reasonable” becomes the most significant label of “Provisions”, which means that the judges shall have more discretion. Meanwhile, for the concurrence between work-related injury and the third person’s infringement, there is still none unified rule on whether the employee can obtain both compensation from work-related injury insurance and the third person, or the compensation of the third person shall be deducted from the compensation of work-related injury insurance, so for such cases, different judgements may be made.