Circumstances recognized as work-related injuries

english.shanghai.gov.cn

Determining which injuries qualify as work-related is the prerequisite for recognizing a work-related injury and this is generally stipulated directly by law. The China's Work-Related Injury Insurance Regulations clearly outline, through a listing approach, the situations that qualify as work-related injuries and those that do not.

An employee is considered to have a work-related injury if he or she:

I. Sustains an injury in an accident related to work at the workplace during working hours.

II. Sustains an injury in an accident while performing preparatory or finishing work related to their job before or after working hours at the workplace.

III. Sustains an injury by violence or in other accidents while  performing job duties during working hours at the workplace.

IV. Suffers from an occupational disease.

V. Sustains an injury at work or goes missing in an accident during work-related travel.

VI. Sustains an injury during commuting due to a traffic accident for which the individual is not primarily responsible, or in accidents involving urban rail transit, passenger ferries, or trains.

VII. Is in other circumstances that are classified as work-related injuries according to applicable laws and administrative regulations.

An employee should be treated as having a work-related injury if he or she:

I. Dies immediately or within 48 hours after emergency treatment for a disease that arises suddenly during working hours at the workplace.

II. Is injured while acting to protect national interests or public interests, such as during emergency rescue and disaster relief efforts.

III. Is injured and disabled in war or while on duty in military service, has obtained a revolutionary injured and disabled soldier's certificate, and suffers from a relapse of the old injury while being employed by the employer.

An employee should not be deemed to have a work-related injury if he or she:

I. Commits a deliberate crime.

II. Is under influence of alcohol or drugs.

III. Inflicts harm on himself/herself or commits suicide.

 

Source: Official WeChat account of the Shanghai Municipal Bureau of Human Resources and Social Security