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职工上下班途中遭受机动车事故伤害能否认定为工伤?现在还不能一概而论。目前仍实施的,原劳动部1996年颁发的《企业职工工伤保险试行办法》(劳部发[1996]266号)规定:“职工在上下班的规定时间和必经路线上,发生无本人责任或者非本人主要责任的道路交通机动车事故负伤、致残、死亡的,应当认定为工伤”。根据此文,职工只有在单位规定的时间内,必经的路线上受到本人不负主要责任的机动车事故伤害的,才能认定为工伤。由于“规定时间”、“必经路线”、“责任”的限制,职工在
Can workers be injured in motor vehicles on their way to or from work? Can not they be regarded as work-related injuries? At present, the “Trial Measures for Work-related Injury Insurance for Enterprises Employees” (Laibufa [1996] No. 266) issued by the former Ministry of Labor in 1996 stipulates: “When employees have no time and place for commuting to and from work, Shall be deemed as work-related injury if it is injured, maimed, or died in a road traffic vehicle accident that is primarily responsible for its own responsibility or not responsible for it. According to this article, an employee can only be identified as a work-related injury only if the employee is injured in a motor vehicle on his or her own route during the time prescribed by the unit. Due to the ”time“, ”must route“, ”responsibility" restrictions, employees in