If the company organizes an employee to go on a trip and is injured during an activity at a tourist

1. It can be identified as a work-related injury, and the organization of employees to travel is a way and means for the company to strengthen unity and cooperation among employees, enhance the cohesion of employees, mobilize the enthusiasm of employees, and improve work efficiency.

2. The reply of the Legislative Affairs Office to the "Request for Instructions on Whether the Injury Caused by Employees' Participation in Sports Activities Organized by the Unit Can Be Recognized as Work-related Injuries".

Liaoning Provincial People's ** Legal Office:

Your office has received the "Instructions on Whether the Injury Caused by Employees Participating in Sports Activities Organized by the Unit Can Be Recognized as Work-related Injuries" (Liao Zhengfa [2005] No. 6). After study, the reply is as follows:

If an employee is injured while participating in sports training activities as part of the work arrangement of the unit, it shall be deemed to be a work-related injury in accordance with the provisions of Article 14, Paragraph (1) of the Regulations on Work-related Injury Insurance on "being injured in an accident due to work-related reasons".

There are different situations in response to such cases, and this situation should not fall under the category of work-related injuries.

If an employee has an accident in a non-workplace or non-work-related cause, it cannot be judged as a work-related injury.

Because employees participate in attraction activities voluntarily during the tour, and are not activities organized by the company. If you are injured in the process of arranging part of the travel unit, it can be judged as a work-related injury.

Legal analysis: If the time and place of travel belong to the working time and place, and the party is injured in an accident due to work, or is injured by an accident such as violence in the performance of work duties, it is a work-related injury. Whether a travel injury organized by the company is considered a work-related injury depends on the situation.

Legal basis: Article 14 of the Regulations on Work-related Injury Insurance An employee shall be deemed to have suffered a work-related injury if he or she has any of the following circumstances:

1) Being injured in an accident during working hours and in the workplace due to work-related reasons;

2) Being injured in an accident while engaging in work-related preparatory or finishing work in the workplace before or after working hours;

3) During working hours and in the workplace, they are injured by accidents such as slippery violence due to the performance of their work duties;

4) Suffering from occupational diseases;

5) Hailstones in which the whereabouts of an accident are unknown due to injuries due to work or accidents during the period of going out for work;

6) Injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train for which they are not primarily responsible;

7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.

Legal analysis: Of course, if an employee leaves the team during a travel activity organized by the employer and is injured during the private activity, it is not a work-related injury. When an employer organizes an employee's outing in the name of the employer, it should pay attention to ensuring the personal safety of the employee and be sure to purchase travel insurance for each employee.

If an accident does occur, the employer that has purchased social insurance for the employee must apply to the work-related injury determination department within 30 days from the date of the accident.

Legal basis: Regulations on Work-related Injury Insurance

Article 14 In any of the following circumstances, an employee shall be deemed to have suffered a work-related injury: (1) he or she is injured in an accident during working hours and in the workplace due to work-related reasons; (2) Being injured in an accident in the workplace before and after working hours, engaging in preparatory or finishing work that is related to good faith and filial piety; (3) Suffering violence or other accidental injuries during working hours and in the workplace as a result of performing work duties; 4) Suffering from occupational diseases; (5) During the period when they are away for work, they are injured due to work reasons or their whereabouts are unknown in an accident; 6) Injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train for which they are not primarily responsible; (7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.

Article 15 An employee shall be deemed to have suffered a work-related injury under any of the following circumstances: (1) He or she dies of a sudden illness during working hours and at work, or dies within 48 hours after rescue fails; (2) Suffering harm in emergency rescue and disaster relief or other activities to preserve the national interest or the public interest; (3) Employees who previously served in the army, were disabled due to injuries sustained in war or in the line of duty, and have obtained a certificate of disabled revolutionary servicemen, but were injured after arriving at the employer. Where employees have any of the circumstances in items (1) or (2) of the preceding paragraph, they shall enjoy work-related injury insurance benefits in accordance with the relevant provisions of these Regulations; Employees who have the circumstances in item (3) of the preceding paragraph shall enjoy work-related injury insurance benefits other than a one-time disability subsidy in accordance with the relevant provisions of these Regulations.

Legal analysis: The tourism activities organized by the unit are of course the activities organized by the unit, and whether the injury during the travel is a work-related injury is the key point is whether the tourism activities organized by the unit belong to the original cause of work.

Whether an employee's injury while participating in a tourism activity organized by the employer constitutes a work-related injury shall be comprehensively considered from factors such as the purpose of the activity, whether the employer encourages participation, whether the employee bears the expenses, and whether the working day is used. Employers organize travel to enhance team cohesion and mobilize employees' enthusiasm through collective activities. The purpose is to allow employees to relax, communicate, and engage better at work, and such activities have a distinctly collective nature and should be seen as an extension of the reason for work.

Therefore, such travel activities organized by the employer can be recognized as the work content of the employer, and the employee who is injured due to work arrangements during the tour shall be deemed to be a work-related injury. Of course, if an employee breaks away from the team during a travel activity organized by the employer and is injured during the private activity, it is not a work-related injury.

Legal basis: "Provisions on Several Issues Concerning the Trial of Administrative Cases of Work-related Injury Insurance" Article 4 Where the social insurance administrative department determines that the following circumstances are work-related injuries, the people's court shall support them: (1) the employee is injured during working hours and in the workplace, and the employer or the social insurance administrative department has no evidence to prove that it was caused by non-work-related reasons; (2) Employees are harmed by participating in activities organized by the employer or being assigned by the employer to participate in activities organized by other units; (3) During working hours, an employee travels between multiple workplaces related to his or her job duties in a reasonable area and is injured as a result of work; (4) Other injuries related to the performance of work duties during working hours and within a reasonable area.

If an employee is injured while he or she is away from work or is assigned by the employer to go out to study or hold meetings, the social insurance administrative department shall find it to be a work-related injury.

The procedure for determining a work-related injury consists of the following steps:

1. The worker shall report the work-related injury to the employer in a timely manner, and provide relevant materials such as medical certificate and accident certificate as much as possible;

2. The employer shall report the work-related injury in a timely manner and send the worker to a designated medical institution for diagnosis and treatment;

3. The medical institution shall diagnose and improve the laborer, and issue relevant certificates and reports;

4. The worker and the employer shall apply to the local labor and social security administrative department for the determination of work-related injury and submit relevant supporting materials;

5. The administrative department of labor and social security shall review the application and organize experts to conduct appraisal;

6. Based on the results of the review and appraisal, the labor and social security administrative department shall make a decision on the determination of work-related injuries and notify the applicant and the employer;

7. If there is any objection, the worker or the employer may file a reconsideration or apply for an administrative lawsuit to the labor and social security administrative department.

The conditions for the determination of work-related injuries are:

2. Workplace: During working hours and in the workplace, the person is injured by an accident due to work reasons;

3. Work reasons: refers to the fact that the injury or occupational disease of the employee is directly or indirectly caused by work;

4. Intentional crime: refers to the injury of employees caused by intentional criminal acts;

5. Gross negligence: refers to the subjective gross negligence of the employee, and his negligent behavior has caused serious consequences such as injury or occupational disease of the employee;

6. Accidents: Employees are injured or suffer from occupational diseases not due to the intention of the employees themselves, but due to other external reasons.

In summary, a work-related injury is an accidental injury or occupational disease suffered by an employee while engaging in or related to occupational activities.

Legal basis]:

Article 5 of the Provisions of the Supreme People's Court on Several Issues Concerning the Trial of Administrative Cases of Work-related Injury Insurance.

Where the social insurance administrative department determines that the following circumstances are "during the period of going out for work", the people's court shall support it:

1) The period during which the employee is assigned by the employer or needs to engage in activities related to work duties outside the workplace;

2) During the period when the employee is assigned by the employer to go out to study or hold meetings;

3) Other outings required by employees due to work.

Where an employee is injured due to personal activities unrelated to work or being assigned by the employer to go out for study or meetings while away from work, and the social insurance administrative department does not find it to be a work-related injury, the people's court shall support it.