According to the Regulation on Work Related Injury Insurance of the RPC, the employer shall participate in work related injury insurance and pay work related injury insurance premiums for their employees. When an employee is identified as suffering a work-related injury, he/she may enjoy work related injury insurance benefits accordingly. For example, the expenses arising from the medical treatment of work related injury, the food subsidy for hospitalization, the transportation and accommodation expenses arising from the medical treatment outside the overall planning area can be paid by the work related injury insurance fund.

Regarding the identification of work related injury, the Regulation on Work Related Injury Insurance of the PRC provides that:

1. The following circumstances shall be identified as work related injuries:
   
   

   (1)	the employee is injured in a work related accident at the workplace during working hours;
   (2)	the employee is injured in an accident while performing work related preparations or activities before or after completing projects at the workplace during working hours;
   (3)	the employee is injured by violence or other unexpected hazards in performing work related responsibilities at the workplace during working hours;
   (4)	the employee is afflicted with an occupational disease;
   (5)	the employee is injured or goes missing during the work related travel period;
   (6)	the employee is injured in a traffic accident in which the employee does not assume main responsibility or in an urban rail transit, passenger ferry or train accident on the way to or from work; or
   (7)	the employee is injured at work in other circumstances stipulated in the laws and administrative regulations.

   
   
2. The following circumstances shall be deemed as work related injuries:
   
   

   (1)	the employee dies immediately or within 48 hours after emergency treatment for a disease suddenly arising during working hours in the workplace;
   (2)	the employee is injured in emergency rescue and disaster relief efforts and any other act to protect the interests of the State or the public interest; or
   (3)	the employee is injured and disabled in war or on duty while in military service and has obtained a certificate for injured and disabled soldiers, and suffers from a relapse of the old injury while being employed by the employer.

The above provisions on the identification of work related injury are merely general principles, which result in inconsistent interpretation and decisions by work related injury identification organizations and judicial institutions in practice. Thus, the Supreme People’s Court of the PRC issued the Rules on Certain Issues Concerning Administrative Cases Involving Work Related Injury Insurance in 2014, which further clarified the following issues.

1. The following circumstances shall be deemed as work related injuries:
   
   

   (1)	the employee is injured during working hours at the workplace, and the employer or the social insurance administrative department has no evidence to prove that the injury is caused by any non-work related reason;
   (2)	the employee is injured in an activity organized by the employer, or injured when assigned by the employer to participate in an activity sponsored by other organizations;
   (3)	the employee is injured during working hours when traveling between worksites and within a reasonable proximity of such worksites when performing job responsibilities; and
   (4)	the employee is injured during the working hours and within a reasonable zone from the workplace while performing work related activities.

2. The following circumstances shall be deemed as“the route to and from work”:
   
   

   (1)	the reasonable route between the employee’s workplace and his/her registered residence, habitual residence or the dormitory provided by the employer when traveling within a reasonable period of time before and after work;
   (2)	the reasonable route between the employee’s workplace and the residence of his/her spouse, parents or children when traveling within a reasonable period of time before and after work;
   (3)	the reasonable route taken to perform activities necessary for living and work when traveling within a reasonable period of time before and after work; and
   (4)	other reasonable routes taken when travelling to and from work within a reasonable period of time before and after work.

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