“上下班途中”工伤的认定与责任分担

The Identification of Work-related Injuries on the Way to and off Work and Responsibility Sharing

准确界定"上下班途中"是此类工伤认定的关键。我国《工伤保险条例》第十四条规定了"上下班途中"但对其内涵未作限定,《最高人民法院关于审理工伤保险行政案件若干问题的规定》第六条涵括了"上下班途中"的三个主要因素:上下班目的、合理时间和合理路线。发生上下班途中工伤事故后,存在工伤保险待遇支付请求权和第三人侵权损害赔偿请求权竞合的情形,采用何种责任分担模式存在广泛争议,补充模式较为可取。

Todefinite exactlythe way to and off work is the key to identify such work-related injuries. Article fourteen of China＇s Work Injury Insurance Regulationshas formulated the way to and off work, but its connotation is not delimited. Article six of Supreme People＇s Court＇sRegulationson Several Issues Concerning the Trial of Adminis- trative Cases about Work Injury Insurance covers three main factors of the way to and off work ： the purpose to and off work, a reasonable time and reasonable route. After accidents on the way to and off work, there comes a situa- tion that claims for paying work-related injury insurance benefitsand claims for damages in third party infringement are in the competition.There is a widespread controversy on the responsibility sharing patternthat should be adopted, and the supplementary pattern is preferable.