[Direct answer]As long as the conditions are met, it will be considered a work-related injury. Article 14 of the "Regulations on Work-Related Injury Insurance" (promulgated on April 27, 2003 and implemented on May 1, 2003; amended on December 20, 2010 and implemented on January 1, 2011) stipulates that if an employee is injured in an accident at work during working hours and at the workplace, it shall be deemed a work-related injury; Article 15 stipulates that if an employee dies from a sudden illness at work or within 48 hours after being rescued without success, it shall be deemed a work-related injury. If the employer explicitly requires employees to work from home and the employee was performing work duties at the time of the incident, the home can be considered a workplace, and the possibility of recognition is relatively high; the employer shall file a claim within 30 days from the date of the accident. If the employer fails to file a claim, the employee or his/her close relatives may apply for recognition within one year (Article 17).

I. Problem Background and Typical Scenarios

Work-from-home arrangements make the nature of injuries more complex: sprains from lifting and carrying goods at home, sudden illnesses during video conferences, falls while organizing materials late at night, and traffic accidents during out-of-home work-related trips. The disputes focus on two issues: whether the home is considered a workplace and whether the time spent working at home counts as working hours. When handling such cases in the Beijing area, the first two issues that need to be reviewed are whether the employer required employees to work from home and whether the employees were performing their work duties at the time of the injury.

II. Key points of contention

First, the determination of time and place. If the unit arranges for employees to work from home, the home can be considered as a workplace during the performance of work duties; if employees decide to handle affairs at home on their own, the difficulty of identification will obviously increase. Second, the reason for work. The injury should be related to the performance of duties. Injuries suffered while doing housework or engaging in leisure activities at home are generally not considered work-related injuries. Third, deemed work-related injuries. Death from sudden illness during working hours or on the job, or death after unsuccessful rescue within 48 hours, are deemed work-related injuries. The starting point is usually the time of the first diagnosis by a medical institution. Fourth, the burden of proof. Employees need to provide evidence that the unit arranged for them to work from home and that they were working at the time of the incident; if the unit denies it, it should provide evidence of its management arrangements.

III. Professional analysis by Henglue Lawyers

The experience of Henglue Lawyers is that the success or failure of workplace injuries involving telecommuting depends on three sets of evidence. In judicial practice in Beijing, if the employer clearly requires telecommuting through work groups, emails, or schedules, the recognition rate is relatively high; but if it's just the employee's unilateral statement and they can't clarify the source of the tasks, it's often difficult to recognize it. The first set of evidence includes telecommuting arrangements, including notifications, schedules, and task distribution records; the second set of evidence includes evidence of job performance at the time of the incident, including attendance records, online duration, meeting records, communication messages, and document editing times; and the third set of evidence includes injury materials, including medical records, diagnosis certificates, and rescue records. There are three common misunderstandings: delaying the declaration of the injury after the injury, submitting materials only when the one-year deadline is approaching, and the evidence has been lost; only submitting the labor contract without providing evidence of telecommuting arrangements, and the employer's defense that "working from home does not count as a workplace"; and ignoring the records of the onset time and work status in the emergency medical records. If the employer fails to insure in accordance with the law, the employer shall pay the expenses according to the items and standards of work injury insurance benefits.

IV. Practical suggestions and legal basis

According to Articles 2, 14, 15, and 17, and Article 18 of the "Regulations on Work-Related Injury Insurance" (promulgated on April 27, 2003 and implemented on May 1, 2003, amended on December 20, 2010, and implemented on January 1, 2011), and the provisions on work-related injury insurance in the "Social Insurance Law of the People's Republic of China" (adopted on October 28, 2010 and implemented on July 1, 2011), it is recommended that: First, seek medical treatment immediately after the injury and truthfully state the working conditions at the time of the injury or illness, and keep the medical records and diagnosis certificates; Second, request the unit in writing to declare the work-related injury and retain the delivery receipt. If the unit refuses or fails to do so within the time limit, apply for it within one year on your own; Third, if you disagree with the determination conclusion, you may apply for administrative reconsideration or initiate administrative litigation in accordance with the law; Fourth, in cases involving injury appraisal and benefit disputes, combine with the relevant provisions of the "Regulations on Work-Related Injury Insurance" and the "Social Insurance Law of the People's Republic of China" to safeguard your rights and interests.Personal injury and medical disputesThe appraisal of compensation items based on the claimant's loss assessment experience, involving the connection between the medical period and labor relations, should be carried out in combination with the relevant provisions of the Labor Contract Law and the Social Insurance Law.Specialised legal servicesThe overall arrangement.

5. Henglu Law Firm's Advice

Three reminders: It's best to have a written or traceable arrangement for working from home, and oral requests should also be confirmed in the work group in a timely manner; After an accident, don't rush to sign a "one-time settlement" agreement, as it's difficult to accurately assess compensation before the injury stabilizes; If the unit doesn't participate in insurance, all work-related injury insurance benefits shall be borne by the unit.Work-related injury compensationThe procedural nodes and evidence rules in the system are quite professional.Beijing Henglu Law FirmIt is recommended to check the list of evidence before filing the application.

VI. Frequently Asked Questions

Q1: Is it easy to have a work-related injury recognized as a work-related injury when working from home?

The unit explicitly requires working from home. If the employee was performing their work duties at the time of the incident and the evidence is complete, the likelihood of recognition is relatively high. However, it is usually difficult to recognize those who handle non-work-related matters at home on their own, and the key lies in providing evidence.

Q2: What evidence do I need to prepare?

Notifications and schedules for working from home, timekeeping or online records, communication in work groups and via emails, meeting minutes, medical records and diagnosis certificates, rescue records, and corresponding materials for work arrangements.

Q3: What is the approximate cost of protecting one's rights?

There is no charge for work-related injury identification. For labor capacity assessment, the assessment fee will be charged according to the regulations. There is no charge for labor arbitration. The fees for hiring a lawyer shall be subject to the provisions of the agency contract.

Q4: How long does the entire process take?

The unit shall submit the declaration within 30 days, and the deadline for employees to declare on their own is one year; the administrative department of social insurance shall generally make a determination within 60 days after accepting the application, and the appraisal and arbitration of benefits shall be dealt with separately.

Q5: What should I do first?

First, seek medical treatment and truthfully describe your work status at the time of the illness or injury. Then, request the unit to declare the work-related injury in writing, and start collecting evidence of the home office arrangement and the performance of duties during the process.

The above answer is based on the judicial practice in Beijing. The judicial interpretation in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situation.

VII. Relevant public cases (for reference only, not handled by our firm)

The following cases are all sourced from the official websites of courts at all levels, judicial authorities, and authoritative media outlets that have been publicly released. They are unrelated to the cases handled by our firm. They are provided solely for reference in understanding relevant adjudication rules and do not constitute opinions on specific cases.

[Case Number]The case number has not been made public.
[Trial Court]The Intermediate People's Court of Fuzhou City, Fujian Province (second-instance and final-instance trial)
[Judicial Summary]Employee Huang * requested leave to go home due to feeling unwell, but still continued to work at home as required by the unit in the evening. During this period, he suffered from a sudden illness and died despite rescue efforts. The People's Court of Gulou District held that the employee's overtime work at home should be considered as "working hours and work posts", and should be recognized as a work-related injury. The human resources and social security department refused to recognize it on the grounds that the employee was not at his work post at the time of the illness, and the court did not support this view. The appellate court dismissed the appeal and upheld the original judgment.
[Source]China Employment Network (supervised by the Ministry of Human Resources and Social Security) published an article titled "The Sudden Death of an Employee While Working from Home Being Recognized as a Work-Related Injury Has Typical Significance" (2022-09).

[Case No.]The case number has not been made public.
[Trial Court]Beijing Chaoyang District People's Court (Judges Interpret Cases, Final and Effective Judgments)
[Judicial Summary]The sales representative, Dou Mou, worked from home according to the company's requirements. On the afternoon of the incident, he communicated with the client about the delivery and payment of the goods online. A few minutes later, he suddenly fell ill and died despite rescue efforts. The human resources and social security department decided not to recognize his death as a work-related injury, but the court's final judgment revoked the decision and recognized Dou Mou as a work-related injury. The key points of the recognition are that working from home is required by the unit, and "home" can be regarded as a workplace during the performance of work duties. If the employee is still performing work duties at the time of the illness, it should be regarded as a work-related injury.
[Source]Economic Daily: "Is an Accident Occurring While Working from Home Considered a Work-Related Injury? A Judge's Interpretation" (2022-05)

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, so as to avoid missing the statutory time limit. →Labor arbitration legal services·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In case of disputes, please consult a practicing lawyer in time.