上下班途中的工伤认定
Work-Related Injuries Identification during Commuting

工伤赔偿一直以来是劳资双方争议的焦点。其中上下班途中工伤在各类工伤事故中又是较为常见和复杂的工伤类型。纵观现有的法律规定，并没有“上下班途中工伤”一词。然而在司法实践中，上下班途中工伤却已成为非常重要的认定类别，其发生率相对较高、认定标准相对模糊的特点，使之成为工伤认定中的重点和难点。因此，应当加强对上下班途中工伤的研究。“思世勇年会聚餐后工伤认定争议案”、“马英芹下班后绕路医院看望公公工伤认定争议案”、“江苏英上班途中滑倒工伤认定争议案”是典型的工伤。争议的主要焦点是：其一，上下班途中的工伤认定“合理时间”如何界定；其二，上下班途中的工伤认定“合理路线”如何界定。应结合时间、空间、一般生活知识、社会条件、道路状况、车辆种类、季节气候变化及意外事件的发生等因素，进行综合判断，确定合理时间及合理路线。中国工伤保险制度的发展是一个不断积累的过程。在条件成熟下，将“上下班途中工伤”作为一种单独的工伤类型进行专门规范，并通过修订成文法和实施案例指导制度，为法官公正审判案件、准确适用法律创造良好环境。
Workers’ compensation has always been the focus of disputes between labor and management. Work-related injuries during commuting are more common and complex. Looking at the existing legal provisions, there is no “work injury during the commute”. However, in judicial practice, work-related injury has become a very important category of identification, its relatively high incidence rate, the identification standards are relatively vague, so it becomes the focus and difficulty in the identification of work-related injury. Therefore, we should strengthen the study of work-related injury during commuting. “Si Shiyong annual dinner after the industrial injury identified dispute motion”, “Ma Yingqin after work detour hospital to visit father-in-law industrial injury identified dispute motion”, “Jiangsu Ying slip on the way to work injury identified dispute motion” are typical industrial injuries. The main focus of the dispute is: first, how to define the “reasonable time” for the identification of work-related injuries during commuting; Second, how to define the “reasonable route” for the identification of work-related injuries during commuting. It should be combined with time, space, general life knowledge, social conditions, road conditions, vehicle types, seasonal climate change and the occurrence of accidents and other factors, and comprehensive judgment to determine a reasonable time and reasonable route. The development of industrial injury insurance system in China is a process of continuous accumulation. Under mature conditions, “work-related injury during commuting” will be specially regulated as a separate type of work-related injury, and by amending the statutory law and implementing the case guidance system, a good environment will be created for judges to try cases fairly and accurately apply the law.