Because I want to take a little more rest, I take three more stops every day after get off work and transfer to the departure station
For a vacant seat, I missed the compensation for work-related injuries
Our reporter Liu Xu
"Worker's Daily" (version 06 on January 07, 2022)
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The "Work Injury Insurance Regulations" stipulate that employees who are injured by traffic accidents or urban rail transit, passenger ferry, or train accidents that are not the main responsibility of the employee on their way to and from get off work are regarded as work injuries.
In actual work, the labor department has stricter identification of "on the way to and from get off work".
Recently, a migrant worker was involved in a car accident on his way home, but he was not recognized as a work injury because he took three more stops.
This reminds office workers: the commuting route must be reasonable, necessary, compact, and consistent, otherwise they will encounter trouble in identifying work-related injuries.
The lawyer suggested that employees who take the bus to and from get off work should report their frequent bus routes to the unit to avoid difficulties in presenting evidence in similar situations.
In order to get an empty seat at the starting station, migrant worker Wang Wu took three more stops every time he got off work, but what he didn't expect was that it was these three stops that made him miss the compensation for work-related injuries.
Regarding this, Wang Wu regretted it greatly.
In order to rest for a while, transfer to the departure station every day
55-year-old Wang Wu's hometown is Heishan County, Liaoning, and he has been working in Dalian for more than 7 years.
He works in a shipping company. Although he is a bit tiring, he earns tens of thousands of yuan a month.
Wang Wu lives in Shengtai Community, Ganjingzi District, Dalian. He takes a bus every day at the gate of the community to Yaojin Street Station, and then transfers to another bus to the Workers’ Village Station near his unit.
Wang Wu said that Yaojin Street Station is not the departure station of this bus. Every day, the shuttle bus is overcrowded. In addition to traffic jams, it often takes half an hour to stop, which is very tiring.
If you want to have a seat, you have to take three more stops at the departure station.
No way, when he went to work, he got on the car at the door of his house and stood to his work.
After a day of tiredness after get off work, I would sit three more stops and change trains from the departure station. This way, although I would sit three more stops, I would be able to rest for a while with one seat.
Is knocked down by a car a work injury?
At 16:00 on December 16, 2019, after get off work, Wang Wu sat three more stops as usual. When he was going to cross the road from the zebra crossing to the bus departure station on the opposite side of the bus, his visibility was low due to rain that day, and Wang Wu was arrested. An oncoming car knocked to the ground and fractured its leg.
The traffic police determined that the private car was fully responsible for the accident, and Wang Wu was not responsible.
王武认为，自己是在下班路上因交通事故受伤，自己无责任，依照规定应当为工伤。便向劳动部门申请工伤认定，令他没想到的是，劳动部门认为他在回家路上多乘了三站地，不符合上下班路上因交通事故受伤视同工伤的情况。
2021年6月23日，劳动部门做出行政裁定，认定王武不是工伤。
王武不服劳动部门的工伤认定，北京市盈科(大连)律师事务所律师王金海、梁照强将当地劳动部门起诉到大连市旅顺口区人民法院，要求撤销不是工伤的认定。
多乘三站地，合理吗？
经过手机定位及公交行驶路线，结合上下班路线、时间分析，王武描述的回家路线基本合理，但确实存在重复三站地的情况。结合城市人口密度大、机动车多的情况，职工劳累一天比较辛苦，体力消耗大，为一个座多乘车三站地，也属合理。两位律师决定代理王武打起了这场“民告官”的官司。
法院经审理后认为，王武一方提供了上下班路线、所居住小区证明、两路公交车站牌照片、导航地图截图和交通事故认定书等证据，还通过事发当天的天气实况记录，证明事发当天大连为中雨，路况不好。法院为慎重起见，还到公交公司调取了王武的乘车刷卡记录，以证明王武的实际乘车情况。
最终，双方的争议焦点就成了王武的下班路线是否为合理路线。职工上下班路上发生交通事故认定工伤的必要条件是，其路线必须具有合理性、必要性、紧凑性、连贯性。
王武一方认为，当天下午大连下雨，雨量为中雨，能见度差。王武年龄较大，干了一天活儿，身体比较疲惫，为有一个座位短暂休息，多乘了三站地符合常理，回家路线属于合理。
劳动部门却认为，王武回家的路线不是最优的路线，为了一个空座多坐了三站地，且需要到马路对面换乘始发车。
近日，法院做出一审判决，认定王武不属于在合理路线上下班途中发生交通事故，维持了劳动部门做出的不是工伤的行政裁定。
According to Wang Jinhai, a lawyer from Beijing Yingke (Dalian) Law Firm, Article 14 of the "Work Injury Insurance Regulations" stipulates that employees are injured by traffic accidents that are not the main responsibility of the person on their way to and from get off work, or urban rail transit, passenger ferry, or train accidents. Treated as a work injury.
In actual work, the labor department's determination of "on the way to and from get off work" is relatively strict. This case reminds workers that the route to and from get off work must be reasonable, necessary, compact, and continuity, otherwise they will encounter problems when determining work injuries. trouble.
It is recommended that employees who frequently take public transportation to and from get off work should report their frequent bus routes to the unit to avoid difficulties in presenting evidence in similar situations.