Being late for work and suddenly having a car accident,

if these two situations occur together,

can they be recognized as a work-related injury?

Basic Facts of the Case

In November 2022, He joined a cooperative in Guigang City. The parties did not sign a labor contract and verbally agreed that the probation period would be one month, with working hours from 7:30 AM to 12:00 PM and 2:00 PM to 6:00 PM daily. During the employment period, the cooperative did not provide He with work-related injury insurance.

On December 3, 2022, at around 7:30 AM, He was driving near his workplace when a traffic accident occurred. He was subsequently taken to the hospital for treatment, where medical advice recommended three months of full rest. The traffic police determined that He was not at fault in this accident. Afterwards, He applied to the Human Resources and Social Security Bureau for recognition of a work-related injury. The bureau issued a "Work-Related Injury Recognition Decision," confirming that the injuries He sustained in the accident qualified as a work-related injury.

The cooperative did not accept the Human Resources and Social Security Bureau's "Work-Related Injury Recognition Decision" and filed a lawsuit with the People's Court of Gangnan District, Guigang City. The cooperative argued that He’s working hours in the morning were from 7:30 AM to 12:00 PM, but the traffic accident occurred at around 7:30 AM. At that time, he was supposed to be at work but had not yet arrived at the workplace. Therefore, it should not be recognized as an injury occurring during commuting to or from work, and it should not be considered a work-related injury.

Court trial

After hearing the case, the court held that according to Article 14 of the Regulations on Work-Related Injury Insurance, 'commuting to and from work' refers to the reasonable route taken for activities necessary for work and life, traveling to and from work within a reasonable time. During He’s employment at the cooperative, the morning working hours were from 7:30 to 12:00. On the day of the accident, which was He’s working day, He left home to go to the cooperative, and at 7:30 the accident occurred on a road section near the workplace. The road section where the accident occurred was part of He’s reasonable route to and from work. Although the accident happened at the start of working hours, the location was not far from the cooperative, and the time was considered reasonable for He to go to the cooperative. The court did not accept the cooperative’s aforementioned claims. He met the requirements of a reasonable route and reasonable time for commuting to and from work. He was injured in the traffic accident involved in this case and was not responsible for the accident. This meets the provisions of Article 14 of the Regulations on Work-Related Injury Insurance and should be recognized as a work-related injury. After receiving He’s application for work-related injury recognition, the Human Resources and Social Security Bureau, after investigation and review, issued the 'Work-Related Injury Recognition Decision' within the statutory period, with clear facts, legal procedures, and correct application of the law.  

The Gangnan District Court issued a first-instance judgment: the cooperative’s lawsuit was dismissed.  

Dissatisfied with the judgment, the cooperative appealed to the Guigang Intermediate People’s Court. Recently, the Guigang Intermediate Court rejected the appeal and upheld the original judgment.

Judicial reasoning

"'On the way to and from work' refers to traveling between the workplace and residence, regularly lived-in location, company dormitory, or other locations for commuting purposes within a reasonable time, or taking reasonable routes for activities necessary for daily work and life. The recognition of 'on the way to and from work' includes the following three aspects: First, a reasonable time frame should include normal commuting time and necessary extensions. If being late is caused by personal reasons (such as not getting up on time or choosing inappropriate transportation), it is necessary to judge whether the delay exceeds a reasonable limit. Second, judgment of reasonable routes: even if an employee is late for work, as long as the travel route conforms to the conventional route from the residence to the workplace, or other reasonable routes based on daily necessities, it is recognized as being on the way to work. Third, relevance to the purpose of the trip: the journey must have 'commuting to and from work' as its core purpose. If being late is due to handling personal matters (such as shopping or visiting friends), it may interrupt the continuity of commuting behavior, thereby negating its work injury attribution. However, if being late is only due to a time deviation during commuting and does not change the purpose of the behavior, it does not affect recognition.  

If a worker has a traffic accident on the way to or from work, they should immediately report to the police to obtain a responsibility verification, and retain navigation tracks, traffic receipts, medical records, etc., to prove commuting relevance. If at the time of the traffic accident the employer does not promptly submit a work injury recognition application to the human resources and social security department, the worker should promptly submit a work injury recognition application to the authorities within one year from the date of the accident to avoid losing their rights. The employer should provide work injury insurance for the worker and must apply for work injury recognition for the worker within 30 days after the accident. If expenses related to work injury benefits arise due to the employer's delayed application, they shall be borne by the employer.  

This article is reprinted from the WeChat public account 'Shandong High Court,' with our thanks!"