earticle

영어

For social workers in modern society, it is unavoidable to encounter commuting accidents. which have a close correlation with the work itself. To safeguard the interests of labors, the International Labor Organization (ILO) and major countries around the world bring the commuting accidents into the compensation system of work-related injury. In 1996, Chinese government issued the Trial Procedures for Industrial Injury Insurance for Enterprise Employees, in which commuting accidents were considered as industrial injuries for the first time. In China’s Regulations on Work Injury Insurance which was revised in 2010, the commuting accidents was defined as “having sustained injuries due to traffic accidents caused not primarily due to their own responsibilities or mass transit, passenger ferry or train accidents.” Thus, the premise to apply the new regulations appropriately is how to identify ‘commuting’. However, as what the Regulation on Industrial Insurance defines, commuting accidents are not supposed to be caused primarily due to the worker’s responsibilities. Obviously, this requirement violates the principle of no-fault compensation as well as the purpose of safeguarding the labors. Meanwhile, as the commuting accidents are restricted within traffic accidents or mass transit, the regulation, to some extent, is against the principle of equality without considering other circumstances of industrial injuries. This article firstly reviews the relative regulations formulated by ILO and its major countries and the evolution situation of China’s legislation in terms of identifying commuting accidents. Then it elaborates the jurisprudential evidence of the identification of commuting accidents. Afterwards, in accordance with the protection standards of international labor and China’s national conditions and the legal ideas to protect labor’s interests, the article brings forward the premise of identifying commuting accidents, which includes the reasonable time, path and purpose. The ending paragraphs present the limits of the current legal system and its future’s improvement for identifying commuting accidents so as to maximize the protection of labor’s interests and improve the legal system. In conclusion, this article suggests the problem and its amendment of the commuting accidents in China.