How is a single-party traffic accident determined as a work-related injury?
Publish Time：
2025-05-14
Introduction: According to the revised "Work Injury Insurance Regulations" implemented on January 1, 2011, employees who "are injured in traffic accidents or accidents on urban rail transit, passenger ferries, or trains during their commute, and are not primarily responsible for the accident" should be recognized as work-related injuries. This regulation includes three elements:
First, the injury must occur during the commute to and from work;
Second, the injury must be caused by a traffic accident or an accident on urban rail transit, passenger ferries, or trains;
Third, the employee must not bear primary responsibility for the accident. However, from the perspective of the new "Work Injury Insurance Regulations," if an employee is involved in a single-party traffic accident and bears full responsibility, which is clearly greater than primary responsibility, this contradicts the third element of the "commute to and from work" work-related injury determination, which states that the employee "must not bear primary responsibility for the accident."
In summary, the key to determining work-related injuries in single-party traffic accidents lies in determining whether the employee bears primary responsibility for the accident. The determination of work-related injuries in single-party traffic accidents cannot be generalized; in specific cases, we must make new determinations based on the determination of responsibility 。
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