Research on the identification of work-related injuries in telecommuting mode
居家办公模式中的工伤认定问题研究

摘要

工伤认定是维护工伤人员合法权益的先决条件。以“居家办公”为代表的就业方式在疫情时期得到了大力推广，由此衍生出来的工伤认定问题也越来越受到学术界和实务界的关注。居家办公在提高工作方式灵活性等方面都具有极大的作用，但由于工作环境的特殊性，导致对“三工要素”的判定存在一定的困难，工作环境的私密性又使工伤认定的举证难度增大，行政机关在工伤认定中对法律条文的机械适用与司法机关从立法角度维护劳动者合法权益的行为之间存在矛盾，增加了居家办公劳动者工伤权益救济的难度。本文从居家办公模式工伤认定相关概念界定、工伤认定现状分析和工伤认定存在的困境等方面展开论述，最终提出了居家办公模式中工伤认定的优化路径。

Abstract

Work injury identification is a prerequisite for safeguarding the legitimate rights and interests of injured personnel. The employment mode represented by "working from home" has been vigorously promoted during the epidemic period, and the issue of work-related injury identification derived from it has also received increasing attention from the academic and practical circles. Working from home plays a significant role in improving work flexibility and other aspects. However, due to the special nature of the work environment, there are certain difficulties in determining the "three elements of work". The privacy of the work environment also increases the difficulty of providing evidence for work-related injury determination. There is a contradiction between the mechanical application of legal provisions by administrative agencies in work-related injury determination and the legislative protection of workers' legitimate rights and interests by judicial agencies, which increases the difficulty of providing relief for work-related injury rights and interests of workers working from home. This article discusses the definition of relevant concepts, analysis of the current situation of work-related injury identification, and the difficulties in work-related injury identification in the home work mode. Finally, it proposes an optimization path for work-related injury identification in the home work mode.