[Direct answer]Generally, this is considered a work-related injury. According to Article 14, Paragraph 6 of the "Regulations on Work-Related Injury Insurance" (promulgated in 2003 and amended in 2010), if an employee is injured in a traffic accident or in urban rail transit, passenger ferry, or train accidents during their commute, and the accident is not primarily their own fault, it shall be recognized as a work-related injury. The key term here is "not primarily their own fault", which includes three scenarios: no fault, secondary fault, and equal fault; being equally at fault does not constitute "primarily their own fault", so it generally meets the recognition criteria. The determination shall be based on the responsibility determined by the traffic accident identification certificate issued by the traffic management department of the public security organ. If the identification certificate states "equal responsibility", it can usually be used to apply for work-related injury recognition. It should be noted that recognition of work-related injury also requires meeting other factors such as "during the commute" and "within a reasonable time and on a reasonable route". The specific circumstances should be comprehensively judged based on the facts.

I. Problem Background and Typical Scenarios

"I was involved in a car accident on my way to and from work, and I bear half of the responsibility. Can this still be considered a work-related injury?" This is one of the most concerns for commuters. Common scenarios include: riding an electric bicycle and colliding with a motor vehicle, with the traffic police determining that both parties bear equal responsibility; being involved in an accident while taking public transportation, with the responsibility lying with a third party; being hit by a vehicle running a red light while walking to work, with the other party being held fully responsible; and having an accident after deviating from the usual route to pick up children or buy groceries. Workers often worry that "if they bear responsibility, they can't be recognized as having a work-related injury". In fact, this understanding is not accurate - the law excludes "the worker's main responsibility", but equal responsibility is not included in the exclusion list.

II. Key points of contention

First, the scope of "non-primary responsibility" includes no responsibility, secondary responsibility, and equal responsibility. Second, the basis for determining responsibility shall be the road traffic accident determination letter issued by the traffic management department, and the review conclusion may be referred to when necessary. Third, the definition of "commuting to and from work" includes reasonable time and reasonable routes. Reasonable detours for living needs generally do not negate the nature of work-related injuries. Fourth, the scope of accident types includes traffic accidents and urban rail transit, passenger ferry, and train accidents. Fifth, non-traffic accident-related accidents (such as falling on one's own) do not fall within the scope of this determination and need to be distinguished.

III. Professional analysis by Henglue Lawyers

The core evidence in such cases is a "Liability Determination Letter". In practice, we usually advise employees to preserve three types of materials as soon as possible: first, the Road Traffic Accident Determination Letter, which specifies the responsibility ratio; second, commuting evidence, including attendance records, bus and subway card swiping records, navigation trajectories, or dashcam videos, which are used to prove that the accident occurred during the commute; third, medical materials, including emergency records, first-visit medical records, and diagnosis certificates, which are used to document the injury and timeline. It should be noted that the determination of a "reasonable route" is relatively flexible. In practice, reasonable detours for daily necessities such as picking up children or purchasing daily necessities are generally not considered to negate the attribute of "during the commute". For matters involving work-related injury identification and liability determination, reference can be made to the relevant provisions.Labor arbitration and work-related injury compensationFor cases involving compensation for damages from traffic accidents, the parties may refer to the following provisions:Personal injury and medical disputesAndSpecialised legal services.

IV. Practical suggestions and legal basis

According to Article 14, Item 6 of the "Regulations on Work-Related Injury Insurance" (amended in 2010) regarding traffic accidents on the way to and from work that are not the employee's main responsibility, Article 17 regarding the application deadline, the "Road Traffic Safety Law of the People's Republic of China" (adopted in 2003 and amended in 2021) regarding the determination of traffic accident liability, and the "Regulations on Several Issues Concerning the Trial of Administrative Cases of Work-Related Injury Insurance" (implemented in 2014) regarding the definition of "on the way to and from work", it is recommended to follow a four-step process: First, immediately report the accident to the police and obtain a road traffic accident identification certificate to clarify the liability ratio; Second, retain commute evidence and medical materials to form a complete timeline; Third, within one year, submit an application for work-related injury identification to the social insurance administrative department, attaching the identification certificate and commute evidence; Fourth, simultaneously claim civil compensation from the responsible party for the accident, paying attention to the rules of the interface between work-related injury insurance benefits and third-party infringement compensation. For issues related to work-related injury identification and claim for benefits, please refer to the relevant provisions.Labor arbitration and work-related injury compensation；涉及交通事故赔偿的可结合Personal injury and medical disputes.

5. Henglu Law Firm's Advice

The same responsibility does not mean that work-related injuries cannot be recognized. Three reminders: First, report the accident to the police as soon as possible. The responsibility determination letter is a key evidence for the recognition of work-related injuries, and it's often too late to obtain it afterwards. Second, don't ignore commute evidence. Punch-in records, driving recorders, and navigation trails can all help prove that it was "during the commute". Third, don't confuse the two compensation paths. Work-related injury insurance benefits and claiming civil compensation from the at-fault party can proceed concurrently, but there are some rules for the connection between the two, which require professional guidance.Beijing Henglue Law FirmIt is recommended that employees fix the evidence on the day of the accident and simultaneously initiate two procedures: work-related injury identification and civil compensation claims.

VI. Frequently Asked Questions

Q1: If an accident occurs on the way to or from work and both parties are equally responsible, does it count as a work-related injury?

It generally counts. According to Article 14, Item 6 of the "Regulations on Work-Related Injury Insurance", if an employee is injured in a traffic accident on the way to or from work that is not caused by his/her own major responsibility, it shall be recognized as a work-related injury; if the employee shares equal responsibility for the accident, it is not considered his/her own major responsibility, and usually meets the recognition conditions. The recognition shall be based on the determination letter issued by the traffic management department.

Q2: What materials do I need to prepare?

The road traffic accident identification certificate, the application form for work-related injury identification, the proof of labor relations, the medical diagnosis and medical records, the commute evidence (attendance records, card-swiping records, navigation tracks or video from the car recorder), and identity proofs, etc.

Q3: Can the process of determining a work-related injury and claiming compensation from the responsible party be carried out simultaneously?

They can be implemented concurrently. Work-related injury insurance benefits and civil compensation for infringement by a third party belong to different relief channels; actual expenses such as medical fees are generally not compensated twice, while items such as disability allowances can be claimed according to law. The specific connection rules shall be subject to the current regulations and judicial interpretations.

Q4: How long does it take from applying to being recognized?

The administrative departments of social insurance shall make a decision within 60 days from the date of accepting the application for work-related injury identification. Where the facts are clear and the rights and obligations are well defined, the decision may be made within 15 days. The identification certificate shall take the responsibility determination issued by the traffic management departments of the public security organ as an important basis.

Q5: What should I do first?

After the accident, the victim immediately called the police and obtained the Road Traffic Accident Identification Certificate, and simultaneously preserved the commute evidence and medical materials. Subsequently, within one year, the victim submitted an application for work-related injury identification to the social insurance administrative department and began to claim civil compensation from the responsible party.

The above Q&A is mainly based on the judicial practice in the Beijing area. There may be differences in the adjudication standards in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

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, and have been publicly disclosed. 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 No.]The case number has not been made public.
[Trial Court]The Intermediate People's Court of Bayingolin Mongolian Autonomous Prefecture of Xinjiang Uygur Autonomous Region (upheld the verdict on second instance)
[Judicial Summary]Wei **, a dispatched worker, was injured in a traffic accident while walking home from work. The traffic police determined that he was equally responsible for the accident, and the Human Resources and Social Security Bureau determined that it constituted a work-related injury. The employing unit requested to revoke the determination on the grounds that the worker left the workplace half an hour early without authorization and did not fall within the scope of normal commuting. The court held that the concept of "commuting" in the determination of work-related injuries should focus on reasonable commuting hours and reasonable commuting routes. Although the worker left work early without authorization within a reasonable limit and violated the internal rules and regulations, it did not change the essential need for commuting to and from work, and it did not fall within the circumstances of major fault preclusion stipulated in Article 16 of the Work-Related Injury Insurance Regulations. Equal responsibility belongs to "non-primary responsibility of the worker himself". The court ruled to dismiss the appeal and uphold the determination of work-related injuries.
[Source]China Court Network (Is an injury caused by a traffic accident on the way home after leaving work early considered a work-related injury?) (2025-08)

[Case Number]The case number has not been made public.
[Trial Court]The People's Court of Huixian City, Henan Province (the second-instance judgment was upheld)
[Judicial Summary]Employee Wang * * * was injured in a collision with a small car while riding an electric bicycle on his way home from work. The traffic police determined that he was equally responsible for the accident. The company requested to revoke the work-related injury identification on the grounds that the accident did not occur during working hours. The court held that the term "on the way to or from work" in the work-related injury identification refers to the employee traveling between the workplace and residence for the purpose of commuting, within a reasonable timeframe, and being recognized by the relevant authorities as "on the way to or from work". Equal responsibility, secondary responsibility, and no responsibility all fall under the category of "not the employee's main responsibility". The court ruled to dismiss the company's lawsuit request.
[Source]The official website of the Henan Provincial Higher People's Court (Can traffic accidents during commuting be recognized as work-related injuries?) (2025)

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. If a dispute arises, please consult a practicing lawyer in time.