上下班途中的工伤

The industrial injury on the way between home and office

通过对现行法律规定的分析,并结合法理分析,职工在上下班途中,受到机动车事故伤害,被认定为工伤需要具备积极条件与消极条件。职工在上下班途中受到机动车事故伤害而被认定为工伤的,交通事故赔偿和工伤保险待遇赔偿应分开单独进行。

Through the analysis of the actual law and the theory of the law, the injury the employee stiflers from the collision involving motor vehicles on the way between home and office recognized as an industrial injury should satisfy positive and negative condition. If the injury the employee suffered from the collision involving motor vehicles on the way between home and office had been recognized as an industrial injury, the compensation for the industrial injury should be calculated by itself as well as the com- pensation of traffic accident.