新冠肺炎何以納入工傷保險

How COVID-19 is included into the Work-related Injury Insurance

新冠肺炎疫情對工傷保險制度提出新的問題。對於中國大陸人社部函[2020]11號文件屬於工傷新規還是以政策形式再現既存的工傷規則、勞動者在工作中感染新冠肺炎是否屬於工傷等問題，理論界與實務界眾說紛紜。新冠肺炎納入工傷保險的路徑應是對接而非新設。新冠肺炎可以經由解釋成為泛指用語的事故傷害，能夠透過對接方式納入工傷事故。人社部函[2020]11號文件的法律依據是基本醫療衛生與健康促進法第50條和傳染病防治法第11條，對應工傷保險條例第14條第7項「法律、行政法規規定應當認定為工傷的其他情形」。普通勞動者在工作中感染新冠肺炎，需要證明符合業務執行性與業務起因性，可以適用工傷保險條例第14條第3項與第5項。

COVID-19 poses new problems for the legal system of work-related injury insurance. There are different opinions in the theoretical and practical circles as to whether Document [2020] No.11 of the Ministry of Human Resources and Social Security belongs to a new regulation on work-related injury insurance or just reappears the existing rules in the form of policy, and whether workers’ infection with COVID-19 at work belong to work-related injury. COVID-19 is included into the workrelated injury insurance through transformation rather than creation. Covid-19 can be interpreted as a general term of accident injury so that to be included in the work-related injury insurance by means of transformation. The legal basis of Document [2020] No.11 of the Ministry of Human Resources and Social Security is Article 50 of the Law on the Promotion of Basic Medical and Health Care and Article 11 of the Law on the Prevention and Treatment of Infectious Diseases, and the Document corresponds to the Article 14(7) of the Regulation on Work-Related Injury Insurance which states that “other circumstances as prescribed in laws and administrative regulations.” Workers who areinfected with COVID-19 at work need to prove job execution and occupational causation, and Article 14(3) and Article 14(5) of the Regulation on Work-Related Injury Insurance can be applied to it.