what we think

By Maarten Roos, Stacey Wu

One of our US-invested clients recently faced a challenging claim from an employee who had been working from home under an approved remote-working arrangement. During normal working hours the employee took a short break, entered his kitchen, and suffered a serious injury while preparing lunch. He subsequently applied for work-related injury recognition, arguing that the accident occurred during working hours while working from home, and that the home should be treated as an extension of the workplace.

For the employer, the case raised immediate concerns: Does any injury at home during working hours now automatically qualify as a work injury? Has the legal threshold shifted in favour of employees?

In November 2025, the Ministry of Human Resources and Social Security issued the Opinions (III) on Several Issues Concerning the Implementation of the Regulations on Work-Related Injury Insurance, aiming to clarify how these long-standing principles should be applied in modern working environments.

The fundamentals of work-related injury law in China

Under PRC law, an injury is normally recognised as a work-related injury only if three core elements are satisfied:

1. It occurs during working time
2. It occurs at a workplace
3. It is caused by work-related reasons

These elements are cumulative. If any one of them is missing, work-injury recognition should be denied, unless one of a limited number of statutory exceptions apply.

One such exception applies when an employee dies from illness during working hours and at the workplace—either suddenly or within 48 hours of emergency treatment—regardless of whether the death was work-related.

Once an injury is recognised as work-related, the employee may be entitled to benefits paid by the work injury insurance fund, and in certain cases, additional employer-borne liabilities. The latter can be considerable in case of serious injury, which is why disputes over work-injury recognition often have material financial and operational consequences for employers.

What Opinions (III) clarifies — and what it does not change

Importantly, Opinions (III) does not change the legal test. The three core elements remain intact. The Opinions do refine how those elements are assessed in practice, adopting a more functional and fact-based approach.

• Working time is no longer limited to rigid clock-in hours but may include overtime or specific tasks assigned by the employer.

• Workplace may extend beyond company premises to locations reasonably required for performing work, including — in structured circumstances — the employee's home. They also include commuting in many cases.

• Work-related cause still requires a clear causal link between the injury and the employee's work duties. Injuries arising from purely personal activities remain excluded.

In the case mentioned above, this distinction was decisive. Preparing a personal meal in the kitchen, even during working hours, lacked the necessary work-related cause. The injury was therefore not recognised as work-related, notwithstanding the home-working arrangement.

Remote work increases scrutiny, not automatic liability

Opinions (III) makes clear that home-based work does not automatically convert all home activities into work activities. The employee must be engaged in structured, continuous work tasks required by the employer. Sporadic communications, incidental movements, or personal daily-life activities do not meet this standard.

Similarly, commuting protections have been clarified and broadened, but only within reasonable routes, reasonable timeframes, and work-life necessities closely connected to employment. The system remains balanced, not open-ended.

Key message for employers

Opinions (III) reflects a trend in Chinese labour laws, toward substance over form. The principles governing work-injury recognition remain stable and predictable.

That said, whether a certain work-related injury meets the legal test will depend on the specific circumstances. Employers — particularly foreign-invested companies with flexible or remote working arrangements — should take this opportunity to:

• Review policies on working hours, overtime, travel, and remote work.
• Clearly document task assignments and approval processes.
• Maintain evidence distinguishing work activities from personal activities.

Clear rules and consistent implementation remain the most effective tools for managing work-injury risk. One option that many of our clients are considering, is a specific protocol for work away from the office, which not only offers clarity but also helps defend against any unreasonable claims from effected employees. It is also important to ensure that the employer legally complies with social insurance contributions and has (internal or external) HR professionals correctly prepare materials (avoiding misleading descriptions) and handle work-related injury recognition procedures.

R&P China Lawyers is a full service law firm with a leading, internationally-recognized employment law practice. To better understand how Opinions (III) may apply to your specific working arrangements, or for support on strengthening internal policies,  understanding employer-borne liabilities for recognized work-related injuries and the work injury recognition process, please reach out to Maarten Roos (roos@rplawyers.com) or Stacey Wu (wujiaxing@rplawyers.com), or your usual contact at R&P.