Interpretation Of "On The Way To Work" In The Case Of Industrial Injury Determination

The industrial injury insurance system is an important part of the progress of modern society and a regulator of labor relations.Since the accidents on the way to and from work are included in the industrial injury insurance system,to a great extent,it makes up for the problem that the workers can’t get relief completely when they encounter various traffic accidents on the way to and from work.This not only greatly improved the ability of Chinese workers to resist traffic accident risk,but also demonstrated the increasingly perfect social security system in China and achieved good social effects.However,there are two main problems in the application of the work-related injury rules of "commuting" : first,how to grasp and understand the three key concepts of "reasonable time","reasonable route" and "reasonable purpose" in order to reasonably identify the "commuting" work-related injury;The second is how to balance the legitimate rights and interests between workers and employers.Work-related injury identification on the way to and from work has been a difficult point in the identification of industrial injury.In the current implementation process of China’s industrial injury rules on "commuting to work",there are different understandings of the meaning of "commuting to work" in typical judicial cases,and different interpretations will appear if different methodologies are adopted.Through the systematic analysis of theory and time,this paper analyzes the three reasonable elements of "commuting" and summarizes the clear standards and principles of "reasonable time","reasonable route" and "reasonable purpose",laying a foundation for a unified and accurate judicial judgment.