Case Introduction

Li is a labor dispatch employee of a human resources company in Nanjing, dispatched by the company to work at a logistics company in Nanjing. On the afternoon of April 12, 2021, Li was riding an electric bicycle from work early and on his way home. While passing through the intersection of Puhe Line and Chahu Road in Pukou District, Nanjing City, he was accidentally hit by a motor vehicle, causing abdominal trauma. Despite rescue efforts by medical staff, he died. The traffic police determined that Li was not responsible for this traffic accident.

Controversy Focus

As the maker of labor rules and regulations, employers usually have clear requirements for employees' commuting time, and commuting on time is also one of the labor disciplines that employees should abide by. If an employee leaves work early and suffers a traffic accident injury/death on the way out, does it fall under the circumstances that should be recognized as a work-related injury as stipulated in Article 14, Item 6 of the Work Injury Insurance Regulations?

Summary of the Judgment

Leaving work early is considered an act of violating the labor discipline of the unit, and one should bear corresponding responsibilities for violating labor discipline. Therefore, the act of leaving early and the determination of work-related injuries belong to different legal relationships. The determination of work-related injuries is a no fault determination, and whether the injured employee violated the company's rules and regulations, labor discipline, etc. is not a prerequisite for determining work-related injuries. Therefore, the issue of Shen's early departure violating the labor attendance system does not affect the determination of the nature of the traffic accident as "on the way to and from work", and he himself is not responsible for the accident. Moreover, the traffic accident that occurred on the way home from his workplace is an objective fact and should still be regarded as being on the way to and from work at a reasonable time and on a reasonable route. Therefore, the occurrence of a traffic accident that was not primarily the responsibility of Shen after leaving early complies with Article 14 (6) of the Work Injury Insurance Regulations.

Proxy perspective

Employees leaving work early before the end of the workday is considered a violation of the company's rules and regulations. The company has the right to take corresponding measures against employees in accordance with the rules, regulations, and labor discipline. But work-related injury is another legal relationship. As long as an employee has an accident on the way to and from work, and meets the legal conditions, it should be recognized as a work-related injury. Violation of unit rules and regulations, labor discipline, etc. cannot be used as a reason to deny work-related injury.

Case Summary

The determination of work-related injuries concerns the vital interests of vulnerable groups, but workers and their families are at a disadvantage in evidence collection, resulting in many workers bearing adverse consequences due to the inability to provide corresponding evidence. In this case, Li's violation of company rules and regulations and whether it constitutes a work-related injury are two different legal relationships. Leaving work early also belongs to the category of "commuting", and his injuries should be recognized as work-related injuries, ultimately receiving compensation of nearly 960000 yuan. This case has been legally recognized as a work-related injury, reflecting the human resources and social security department's humanistic care for vulnerable groups, demonstrating judicial warmth, and building a legal barrier to safeguard the legitimate rights and interests of workers and social harmony and stability.