Modern Social Science Research

Work injury identification is a prerequisite for safeguarding the legitimate rights and interests of injured personnel. The employment mode represented by "working from home" has been vigorously promoted during the epidemic period, and the issue of work-related injury identification derived from it has also received increasing attention from the academic and practical circles. Working from home plays a significant role in improving work flexibility and other aspects. However, due to the special nature of the work environment, there are certain difficulties in determining the "three elements of work". The privacy of the work environment also increases the difficulty of providing evidence for work-related injury determination. There is a contradiction between the mechanical application of legal provisions by administrative agencies in work-related injury determination and the legislative protection of workers legitimate rights and interests by judicial agencies, which increases the difficulty of providing relief for work-related injury rights and interests of workers working from home. This article discusses the definition of relevant concepts, analysis of the current situation of work-related injury identification, and the difficulties in work-related injury identification in the home work mode. Finally, it proposes an optimization path for work-related injury identification in the home work mode.

Working from home; Work injury identification; Burden of proof; Three factors of work