Employees Violate Unit Rules And Regulations, Should Accidents Be Identified In Traffic Accidents?

Letters from readers:

Hello, lawyer. In July 2008, I went to a certain place with my friend Li Mou.

-- Wang Fengshang

Lawyer answer:

Hello, Mr. Wang. According to the situation mentioned above, combined with the current situation in China

According to the provisions of item fourteenth (six) of the industrial injury insurance Ordinance, workers should be identified as work-related injuries when they are injured by motor vehicle accidents on their way to and from work.

The "commute" should be based on a comprehensive and correct understanding from the standpoint of protecting the victims of industrial accidents.

On the way to work, in principle, it refers to a reasonable path between workers and commuters who commute to their homes and work units.

According to the actual situation of daily life, the way of commuting to work is not fixed, invariable and unique, but there are many choices. Employers have no right to restrict them.

As far as the case is concerned, although a company has made rules and regulations in 2005, it stipulates that the company arranges the staff and workers to stay.

However, no matter whether the system is publicized or announced, it can not restrict the workers' working route to the staff dormitories to the workshop.

In addition, the sixteenth section of the regulations on industrial injury insurance stipulates that cases of industrial injury or industrial injury shall not be recognized as follows: (1) casualties due to crimes or violation of public order administration; (two) death caused by drunkenness; (three) self injury or suicide.

According to the regulation, Li did not violate the provisions of the criminal law or constitute a violation of the law of public security management punishment. The case does not fall within the scope of the industrial injury insurance Ordinance.

In summary, Lee's situation is injured on the way to work, and does not belong to the industrial injury insurance Ordinance, which excludes industrial injuries. It is unlawful for the company to identify work-related injuries in accordance with the industrial injury insurance Ordinance.