劳顾问:我单位是一家中外合资企业,聘了不少持有驾驶证者当兼职司机。最近有一位兼职司机在驾驶机动车辆外出公差途中发生交通事故,致颅脑损伤。交警大队认定其在此次交通事故中负主要责任,因此,单位不同意其为工伤。但该司机认为自己持有驾驶证,发生交通事故都应算工伤。请问:这种情况应怎样认定? Labor Advisory: My unit is a Sino-foreign joint ventures, hired a lot of drivers who hold part-time drivers. Recently, a part-time driver was involved in a traffic accident while driving a motor vehicle on his way out to cause brain injury. Traffic Police Brigade identified it as the primary responsibility for the traffic accident, therefore, the unit does not agree that it is a work-related injury. However, the driver considers himself holding a driver's license, accidents should be considered work-related injuries. Excuse me: what should be the case?