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2014年8月20日,最高人民法院发布《最高人民法院关于审理工伤保险行政案件若干问题的规定》(以下简称《规定》),明确职工在上下班途中认定工伤的4种情形。根据《规定》,职工在合理时间内往返于工作地与配偶、父母、子女居住地的合理路线的上下班途中发生事故的,亦可认定为工伤。例如,下班途中到菜市场买菜,而且是顺路,也应该算工伤。近年来,工伤赔偿一直是劳资双方发生纠纷的重点领域。然而,由于缺乏
On August 20, 2014, the Supreme People’s Court promulgated the “Provisions of the Supreme People’s Court on Several Issues Concerning the Trial of Administrative Cases of Work Injury Insurance” (hereinafter referred to as the “Provisions”), and clarified the four situations in which workers were convicted of work-related injuries on their way to and from get off work. According to “Provisions”, an employee who, during a reasonable time commuting to and from his place of get off work on a reasonable route to his / her place of work and his / her spouse, parents or children’s residence, may also be regarded as a work-related injury. For example, on the way to get off work to the vegetable market to buy food, but also on the way, it should be considered work-related injuries. In recent years, compensation for work-related injuries has been a key area of dispute between employers and employees. However, due to lack of