陈某是某机械公司销售人员,受单位委托去吉林长春市拜访客户,洽谈业务。
其间,陈某听说长春某公园景色优美,便独自赴该公园游览。陈某骑车在公园行人栈道上游玩,因为雨天路滑不慎摔伤,造成骨折,陈某以出差期间受伤为由,向人社部门申报工伤。
陈某这种情况不能认定为工伤。
根据《工伤保险条例》第十四条规定,职工因工外出期间,由于工作原因受到伤害或者发生事故下落不明的,应当认定为工伤。
但经过人社部门调查,认为陈某是在出差期间从事与工作无关的私人活动受伤的,不应认定工伤。
同时根据《最高人民法院关于审理工伤保险行政案件若干问题的规定》第五条规定,职工因工外出期间从事与工作或者受用人单位指派外出学习、开会无关的个人活动受到伤害,社会保险行政部门不认定为工伤的,人民法院应予支持。
所以,陈某不能认定为工伤。
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Thanks.Which country do you work in?
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