尚某系某单位雇佣的汽车司机,2003年7月,受车主的安排,驾驶车主的车送另两位汽车司机回家,在送完一位之后,送另一位同家途中被人伤害致死,其中被送的司机系重大嫌疑,但目前在逃。事发后,公安机关立案侦查,并出具材料证明死者系被害身亡,但尚未侦破此案。在凶手未能抓捕归案的情况下,受害人家属基于劳动法律关系,向当地劳动行政主管机关申请工伤死亡认定,但劳动行政机关认为刑事部分尚未侦破,死者被害的原因尚未查明,应等公安机关破案后,查清死者被害原因再予以工伤认定。后来,死者亲属多次要求均未获解决。笔者就此案所涉及的法律问题做些理论上的分析和论证。 Shang Department of a unit employed by a car driver, July 2003, arranged by the owner, driving the owner’s car to send another two drivers to go home, after the delivery of one, to be sent to another on the same way being hurt Mortal, of which the driver was sent was a major suspect, but is now at large. After the incident, the public security organ filed a case for investigation and issued materials to prove that the deceased was killed. However, the case has not yet been solved. Under the circumstances that the murderer failed to arrest him or her, the families of the victims applied for the identification of work-related injuries according to the labor and legal relations, but the administrative department of labor considered that the criminal part had not been detected and the cause of the victim’s death was not yet ascertained and should be determined Public security organs solve the case, find out the cause of the deceased was identified as work-related injuries again. Later, many requests from relatives of the deceased were not resolved. The author made some theoretical analysis and demonstration on the legal issues involved in the case.