China: Clarification of scope of work-related injuries for insurance purposes

The Supreme People's Court has provided guidance regarding the scope of work-related injuries in China. The Provisions on Certain Issues in Work-related Injury Insurance came into force on 1 September 2014 and specify that:

(a) injuries at work during working hours and in the workplace will be work-related if the injuries:

• arise from the performance of work during working hours and in the work place, except if the employer or the labour authority can prove that the injury is not work-related;
• occur when the employee participates in activities organised by the employer or in which the employer directs participation; or
• arise from performance of work during working hours within a reasonable distance from work or while commuting between workplaces;
  
   

(b) injuries during work-related travel will be work-related if the employee is injured when:

• engaged in work-related activities outside the workplace as directed by the employer or required by the work;
• assigned by the employer to study or attend a meeting outside the workplace; or
• engaged in other activities outside the workplace as required by the work;
  
   

(c) injuries arising from traffic accidents during commuting to/from work will be work-related if an employee is injured when :

• commuting between the workplace and the employee's residence via a reasonable route and within a reasonable time;
• commuting between the workplace and the residence of the employee's spouse, parent or child via a reasonable route and within a reasonable time; or
• commuting via a reasonable route within a reasonable time during which the employee does something necessary for his/her daily work or life.
  
   

Actions for employers

Employers should:

• be prepared to collect evidence as to an employee's injury both in and outside the workplace;
• take steps to ensure employee safety, including giving clear safety instructions for both in or outside the office; and
• ensure that employee-related insurance policies are up-to-date.
  
   

Authors: Nanda Lau and Jasmine Chen, Shanghai