New clarifications on work injury recognition in China: Why employers should pay attention

At a glance

• China’s Ministry of Human Resources and Social Security has issued Opinions (III) on Several Issues Concerning the Implementation of the Regulations on Work-Related Injury Insurance (Opinions (III)), which refine key concepts in work injury recognition and broaden protections for employees.
• The guidance adopts a functional approach to 'working time,' 'workplace,' and 'work‑related cause,' increasing the circumstances in which an injury may be deemed work‑related.
• Commuting protections are expanded, covering reasonable routes, timeframes, and travel linked to essential work‑life needs, not just home‑to‑work journeys.
• Remote and home‑based work now create higher employer exposure, as home may be treated as an extension of the workplace where structured work activities occur.

Employers should update policies and evidentiary practices to reduce risk, as flexible arrangements and unclear work patterns may increasingly lead to recognised work injuries.

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On 13 November 2025, the Ministry of Human Resources and Social Security issued Opinions (III), introducing important clarifications to China’s work injury regime.

Under PRC law, an injury is generally recognised as a work injury if it occurs during working hours, at a workplace, and for work-related reasons. Once an injury is recognised as work-related, the employee may be entitled to work injury insurance benefits paid by the social insurance fund, and in certain circumstances, additional payments or liabilities borne by the employer. Disputes over work injury recognition therefore often carry both financial and operational implications for employers.

Opinions (III) is particularly relevant in today’s working environment, where flexible working hours, business travel, and remote or home-based work have become increasingly common. The new rules adopt a more functional and realistic approach to work injury recognition, which, if not properly understood and managed, may significantly expand employers’ exposure.

Key aspects of Opinions (III)

A more functional view of 'working time', 'workplace' and 'work-related cause'

Opinions (III) further refines several fundamental concepts relevant to work injury determinations.

'Working time'

Opinions (III) confirm that 'working time' is not limited to statutory working hours or hours specified in labour contracts or company policies. It now expressly includes:

• the time spent completing temporary or specific tasks assigned by the employer; and
• overtime hours.

This signals a shift away from a purely formal, clock-based approach toward a task-driven assessment. For employees who frequently travel, work irregular hours, or perform duties outside standard schedules, this clarification materially increases the likelihood that an injury may fall within the scope of work injury protection.

Workplace

The concept of 'workplace' is also expanded. In addition to the employer’s physical premises it may include:

• areas outside the employer’s premises that are reasonably required for completing specific work tasks; and
• reasonable areas involved in commuting between multiple locations related to an employee’s job duties.

For example, travel between client sites by sales personnel, or movement between different factories by engineers, may be treated as a reasonable extension of the workplace.

'Work-related cause' 

Opinions (III) reiterates that a causal link must exist between the employee’s work duties and the injury. In addition to injuries sustained in the course of ordinary work activities or assigned tasks, protection may also extend to injuries suffered while safeguarding the employer’s legitimate interests, such as preventing damage to company property or intervening in workplace conflicts.

Opinions (III) further clarify that injuries occurring during working hours, at a reasonable location, while satisfying basic physiological needs (eg using the restroom or drinking water) may also be protected. At the same time, injuries caused purely by personal reasons remain expressly excluded, preventing an overly broad interpretation.

Commuting injuries: Broader recognition of 'reasonable time' and 'reasonable route'

Opinions (III) provides more practical guidance on injuries occurring during commuting. In addition to commuting between the workplace and an employee’s residence, habitual residence or employer-provided dormitory, protection may also extend to:

• commuting to and from the residence of a spouse, parents, or children; and
• activities undertaken to meet ordinary work-and-life needs (typical examples may include grocery shopping or picking up children), provided that they occur during commuting within a reasonable time and along a reasonable route.

This reflects a more realistic recognition of employees’ daily lives. However, journeys undertaken during holidays or for purely personal matters unrelated to work remain outside the scope of work injury recognition.

Remote and home-based work: A key area of increased exposure

Remote / home-based work

One of the most closely watched aspects of Opinions (III) concerns injuries occurring during remote or home-based work.

Where an employee works from home pursuant to the employer’s arrangement, and sufficient evidence shows that an accident injury occurred during working hours and for work-related reasons, the injury should not be excluded from recognition simply because it occurred at home. In such cases, the home may be treated as an extension of the workplace.

Typical examples may include injuries caused by operating work equipment or accidents occurring while handling urgent work matters. Importantly, Opinions (III) draws a clear line between structured, continuous home-based work and sporadic or incidental communications (such as brief messages, calls or emails), the latter of which should not, by themselves, be regarded as work-related causes.

Sudden illness occurring at home

Opinions (III) also address situations where an employee suffers a sudden illness at home. To be treated as occurring 'during working time and at the workplace', there must be sufficient evidence that the employee was handling work matters based on the employer’s requirements and work needs, that the work intensity was broadly consistent with normal work, and that the activity clearly occupied the employee’s rest time.

In practice, this means that certain forms of intensive home-based work, for example, late-night work to meet urgent deadlines, may, in limited circumstances, be treated as equivalent to working on the employer’s premises.

Key takeaways for employers

Opinions (III) reflects a clear regulatory trend toward a more substance-over-form approach in work injury recognition, particularly in the context of flexible and remote working arrangements.

Employers should consider reviewing and updating internal policies and practices, especially those relating to working hours, overtime, business travel, and remote or home-based work. Clear documentation on task assignments, approval mechanisms, reporting requirements, and evidentiary records will be increasingly important in managing work injury risks.

More broadly, employers should be mindful that unclear or informal working arrangements may translate directly into increased exposure in work injury disputes. Proactive policy design, consistent implementation, and timely legal advice can play a critical role in mitigating risks and avoiding disputes before they arise.