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劳动部办公厅[1996]271号文件对司机工伤认定问题作出答复:《企业职工工伤保险试行办法》(劳部发[1996]266号)第八条规定:从事本单位日常生产、工作负伤、致残或死亡的。应当认定为工伤。因此,司机驾驶车辆执行本单位正常工作时发生交通事故导致本人伤亡的,也应按照此项规定,认定为工伤。同时,按照《企业职工工伤保险试行办法》第九条的规定,如果属于犯罪行为、自杀自伤行为、酗酒所造成或蓄意制造交通事故的,不应认定为工伤。1996年2月13日劳动部办公
Ministry of Labor General Office [1996] No. 271 file to answer the driver identified the problem of work-related injuries: “Enterprise Workers Work Injury Insurance Trial Measures” (Laibu hair [1996] No. 266) Article 8: Engaged in the daily production of the unit, Disabled or dead. Should be identified as work-related injuries. Therefore, the driver driving the vehicle to perform the normal work of the unit during a traffic accident caused my own casualties, should also be in accordance with this provision, identified as work-related injuries. In the meantime, according to the provisions of Article 9 of the Trial Measures for Work-related Injury Insurance for Enterprises and Workers, a person who commits suicide, self-injury, alcoholism or intentional manufacture of a traffic accident shall not be regarded as a work-related injury. February 13, 1996 Ministry of Labor Office