对工伤认定中法律文书核实采信的解析

Consideration on Verifying and Adopting a Work-related Injury Legal Documents

工伤保险行政部门受理工伤认定申请后,对事故进行调查核实是《工伤保险条例》授予的职责。对上下班途中"非本人主要责任"道路交通事故责任的认定,是否以公安交通管理部门出具的道路交通事故认定书为最终依据,不能一概而论。《工伤保险条例》仅规定,对依法取得职业病诊断证明书或职业病诊断鉴定书的唯一情形不再进行调查核实。因此,工伤保险行政部门对道路交通事故认定书可以根据需要行使调查核实权,但可以将人民法院作出的司法裁定作为"非本人主要责任"的依据。

After receiving the application for verifying industrial injury, the administrative departments of industrial injury insurance take the responsibilities to carry out investigation and verify the accident according to the ＂Regulations on Work-Related Injury Insurances＂. To verify ＂not my main responsibility of traffic accident＇on the way to work or back to home, the road traffic accident verification which issued by Public Transportation Management Department should not be taken as the only source of evidence. In the case of diagnosing or identifying occupational disease, the investigation and verification is exempted. Therefore, the administrative department for road traffic accident injury insurance may execute the right to investigate and verify the case under certain situation. The judicial decision which was made by the People＇s Court of Justice can be used as the evidence for ＂not my main responsibility of traffic accident＂.