China: Introduction To Detailed Standards For Work-Related Injury Determination In Jiangsu Province

Last Updated: 25 January 2017
Article by Lucy Lu and Huang Lu

On 27 October 2016, the Jiangsu Provincial Department of Human Resources and Social Security issued the Guidelines for the Implementation of "Work-related Injury Insurance Regulations" (the "Guidelines"), effective on January 1, 2017. The Guidelines provide detailed rules regarding the local implementation of the Work-related Injury Insurance Regulations (the "Regulations") and the Measures for Implementation of "Work-related Injury Insurance Regulations" in Jiangsu Province (the "Implementation Measures"), which help to properly solve significant issues relating to work-related injury insurance.

Although the Regulations have set forth the circumstances for work-related injury determination, the standards are relatively general, leading to different local practices based on different understandings by relevant departments. By specifying some of the conditions for determining work-related injuries, Jiangsu Province's Guidelines may serve as more concrete guidance and reference for other regions in handling such issues.

The Guidelines clearly define some concepts in the Regulations such as "working time", "workplace", "work-related reasons" and suggest how to deal with related issues. The table below contains the details:

Relevant provisions in the Regulations Interpretations in the Guidelines
Circumstances under which work-related injuries shall be recognized
Circumstances that shall be deemed as work-related injuries
Circumstances that shall not be identified or deemed as work-related injuries
Having sustained injuries due to incidents caused by work-related reasons during working time and at workplace; "Working time" includes the working hours agreed in the employment contract or the working hours stipulated by the employer and overtime working hours.

"Workplace" includes the areas under effective management of the employer during daily production and operation activities, other relevant areas in which an employee performs particular duties, and reasonable areas in which an employee commutes between several workplaces for his/her duties.

"Injuries due to accident caused by work-related reasons" refer to direct injuries sustained by an employee due to incidents arising from production and operation activities during working time and at workplace, as well as accidental injuries due to unsafe factors sustained by an employee for temporarily satisfying reasonable and necessary physiological needs in the course of work.
Having sustained injuries due to accident while engaging in work-related preparatory or finishing tasks at workplace before or after working time; No supplementary stipulations in the Guidelines
Having been injured by violence or otherwise harmed for performing work duties during working time and at the workplace; "Having been injured by violence or otherwise harmed for fulfilling work duties" refers to the circumstances where an employee is injured by violence or otherwise harmed for performing work duties; such violence and harm must have a direct causal relationship with the performance of work duties.
Having suffered from occupational diseases; No supplementary stipulations in the Guidelines
Having sustained injuries or been missing due to incidents caused by work-related reasons while performing duties outside the workplace. "While performing duties outside workplace" refers to the period in which an employee participates by himself or herself in work-related activities outside the workplace as per employer's assignment or job requirements.

Recreational and sport activities arranged or organized by the employer shall be classified as "work-related reasons"; circumstances that could not be recognized as "work-related reasons" include: (1) catering, traveling/sightseeing, entertainment or similar activities arranged or organized by the employer in the name of work, or activities relating to the private interest of one's superior manager or other individuals; (2) activities unrelated to work while performing work duties outside the workplace.

The status of "missing" should be supported by conclusive opinion from competent authorities or legal instruments such as effective court judgments.
Having sustained injuries due to a traffic accident for which the employee is not primarily responsible, or an accident of urban rail transit, passenger ferry or train on the commute between home and office. "The commute between home and office" refers to: (1) reasonable route from the regular residential place to a place of work and back within reasonable time; (2) reasonable route from residences of one's spouse, parents, children to the place of work and back within reasonable time; (3) necessary activities for daily work and life on reasonable route to or back from work.

"A traffic accident for which the employee is not primarily responsible" should be evidenced by Traffic Accident Liability Confirmation issued by competent authorities or legal instruments such as effective court judgments; if competent authorities are unable to provide the confirmation or the issued legal instruments are unable to distribute the parties' liabilities in the accident, the social insurance agency may make conclusions according to relevant evidence which has been investigated and verified.
Circumstances that shall be deemed as work-related injuries
Having died abruptly during working hours and on duty due to sudden illness or died within 48 hours after failed rescue attempts; "Died abruptly during working hours and on duty due to sudden illness or died after failed rescue attempts" refers to the circumstances where an employee died in the workplace during working time and while performing his/her job due to sudden illness or died after failed rescue attempts in hospital.

The "48 hours" shall be counted from the time when initial diagnosis by medical institutions is issued.
Having sustained injuries in protecting the national and public interest, such as emergency or disaster rescue, etc.; No supplementary provisions in the Guidelines
For those previously served in the military, while working for the current employer, having suffered a recurrence of previous disabling injuries caused during war or when performing his/her military duties with Certificate of Handicapped Revolutionary Soldier. No supplementary provisions in the Guidelines
Circumstances that shall not be identified or deemed as work-related injuries
Having wilfully committed a crime; Should be evidenced by effective legal instruments or conclusive opinion from criminal investigation agencies, prosecuting agencies and judicial agencies.
Having been intoxicated by alcohol or taken drug; Should be evidenced by conclusive opinion issued by competent authorities or legal instruments such as effective court judgments.
Self-harm or suicide.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on

Click to Login as an existing user or Register so you can print this article.

Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Up-coming Events Search
Font Size:
Mondaq on Twitter
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
Email Address
Company Name
Confirm Password
Mondaq Topics -- Select your Interests
 Law Performance
 Law Practice
 Media & IT
 Real Estate
 Wealth Mgt
Asia Pacific
European Union
Latin America
Middle East
United States
Worldwide Updates
Check to state you have read and
agree to our Terms and Conditions

Terms & Conditions and Privacy Statement (the Website) is owned and managed by Mondaq Ltd and as a user you are granted a non-exclusive, revocable license to access the Website under its terms and conditions of use. Your use of the Website constitutes your agreement to the following terms and conditions of use. Mondaq Ltd may terminate your use of the Website if you are in breach of these terms and conditions or if Mondaq Ltd decides to terminate your license of use for whatever reason.

Use of

You may use the Website but are required to register as a user if you wish to read the full text of the content and articles available (the Content). You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these terms & conditions or with the prior written consent of Mondaq Ltd. You may not use electronic or other means to extract details or information about’s content, users or contributors in order to offer them any services or products which compete directly or indirectly with Mondaq Ltd’s services and products.


Mondaq Ltd and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published on this server for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Mondaq Ltd and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Mondaq Ltd and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from this server.

The documents and related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Mondaq Ltd and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.


Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:

  • To allow you to personalize the Mondaq websites you are visiting.
  • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our information providers who provide information free for your use.

Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.

If you do not want us to provide your name and email address you may opt out by clicking here .

If you do not wish to receive any future announcements of products and services offered by Mondaq by clicking here .

Information Collection and Use

We require site users to register with Mondaq (and its affiliate sites) to view the free information on the site. We also collect information from our users at several different points on the websites: this is so that we can customise the sites according to individual usage, provide 'session-aware' functionality, and ensure that content is acquired and developed appropriately. This gives us an overall picture of our user profiles, which in turn shows to our Editorial Contributors the type of person they are reaching by posting articles on Mondaq (and its affiliate sites) – meaning more free content for registered users.

We are only able to provide the material on the Mondaq (and its affiliate sites) site free to site visitors because we can pass on information about the pages that users are viewing and the personal information users provide to us (e.g. email addresses) to reputable contributing firms such as law firms who author those pages. We do not sell or rent information to anyone else other than the authors of those pages, who may change from time to time. Should you wish us not to disclose your details to any of these parties, please tick the box above or tick the box marked "Opt out of Registration Information Disclosure" on the Your Profile page. We and our author organisations may only contact you via email or other means if you allow us to do so. Users can opt out of contact when they register on the site, or send an email to with “no disclosure” in the subject heading

Mondaq News Alerts

In order to receive Mondaq News Alerts, users have to complete a separate registration form. This is a personalised service where users choose regions and topics of interest and we send it only to those users who have requested it. Users can stop receiving these Alerts by going to the Mondaq News Alerts page and deselecting all interest areas. In the same way users can amend their personal preferences to add or remove subject areas.


A cookie is a small text file written to a user’s hard drive that contains an identifying user number. The cookies do not contain any personal information about users. We use the cookie so users do not have to log in every time they use the service and the cookie will automatically expire if you do not visit the Mondaq website (or its affiliate sites) for 12 months. We also use the cookie to personalise a user's experience of the site (for example to show information specific to a user's region). As the Mondaq sites are fully personalised and cookies are essential to its core technology the site will function unpredictably with browsers that do not support cookies - or where cookies are disabled (in these circumstances we advise you to attempt to locate the information you require elsewhere on the web). However if you are concerned about the presence of a Mondaq cookie on your machine you can also choose to expire the cookie immediately (remove it) by selecting the 'Log Off' menu option as the last thing you do when you use the site.

Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies and we are not aware of any at present that do so.

Log Files

We use IP addresses to analyse trends, administer the site, track movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.


This web site contains links to other sites. Please be aware that Mondaq (or its affiliate sites) are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these third party sites. This privacy statement applies solely to information collected by this Web site.

Surveys & Contests

From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose any information requested. Information requested may include contact information (such as name and delivery address), and demographic information (such as postcode, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the functionality of the site.


If a user elects to use our referral service for informing a friend about our site, we ask them for the friend’s name and email address. Mondaq stores this information and may contact the friend to invite them to register with Mondaq, but they will not be contacted more than once. The friend may contact Mondaq to request the removal of this information from our database.


From time to time Mondaq may send you emails promoting Mondaq services including new services. You may opt out of receiving such emails by clicking below.

*** If you do not wish to receive any future announcements of services offered by Mondaq you may opt out by clicking here .


This website takes every reasonable precaution to protect our users’ information. When users submit sensitive information via the website, your information is protected using firewalls and other security technology. If you have any questions about the security at our website, you can send an email to

Correcting/Updating Personal Information

If a user’s personally identifiable information changes (such as postcode), or if a user no longer desires our service, we will endeavour to provide a way to correct, update or remove that user’s personal data provided to us. This can usually be done at the “Your Profile” page or by sending an email to

Notification of Changes

If we decide to change our Terms & Conditions or Privacy Policy, we will post those changes on our site so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

How to contact Mondaq

You can contact us with comments or queries at

If for some reason you believe Mondaq Ltd. has not adhered to these principles, please notify us by e-mail at and we will use commercially reasonable efforts to determine and correct the problem promptly.