The law supports the laborers.

Suddenly died after get off work, and the online overtime could not afford to fall to the ground. How the workers who encountered these situations were protected and whether the compensation of work injury was undoubtedly the topic of continuous attention in the society. Although my country's "Regulations on Work Injury Insurance" stipulates the situation of "regarding work injury", there are still different applicable standards in various places. This newspaper has sorted out relevant cases that have been sentenced recently. Spirit.

Case 1 The Court of Death in the Workers' Dormitory after the physical discomfort: The dormitory can be regarded as a reasonable extension of the job

Employees feel uncomfortable when they go to work. Can they be identified as work injuries after returning to get off work after work? Recently, the Third Intermediate Court of Chongqing made a final judgment on an administrative case of administrative cases, withdrawing the decision made by the Human Resources and Social Affairs Bureau, which was regarded as a "deemed injury" for the death of the victim.

Chen Moumou was an employee of a plastic company during his lifetime. He worked out of the workshop. The working time was a weekly white class, one week night shift, and rotated in order. When the night shift was approaching the night shift at about 7:40 in the morning, Chen Moumou returned to the staff dormitory to rest after eating breakfast in the staff cafeteria. At around 8 pm, because Chen Moumou did not go to the workshop to transfer, the worker Yuan Mou went to the dormitory to find Chen Moumou, and found that Chen Moumou should not be able to call, and his feet were cold. Then the 120s on the scene confirmed that Chen Moumou had died, and the cause of death stopped breathing heartbeat. The report issued by the Public Security Bureau stated that Chen Moumou's death was about 4 pm.

Through the police visit to investigate, the morning and noon on the day of Chen Moumou's death, Chen Moumou's workers saw that he showed poor appetite during dining, covered his chest uncomfortably, and said that he would go to the hospital to see a doctor after get off work. not too good. After investigation, it was found that the corpse was not obviously traumatic, and there was no sign of suicide.

Subsequently, a plastic company submitted an application for the injury of Chen Moumou's injury to the Human Resources and Social Security Bureau. 1) The terms of item stipulate that the situation of "deepening work injury" is decided not to be identified as "regarded as a work injury". Chen Moumou's son was dissatisfied and applied for administrative reconsideration to the government. Chen Moumou's son was still dissatisfied and filed an administrative lawsuit.

After trial of the Chongqing Nanchuan District Court, Chen Moumou felt unwell when he was about to get off work. He died after returning to the dormitory. 》 Article 15 (1) (1) (1) stipulated in item (1), and then decided to reject Chen Moumou's son's lawsuit. After the sentence, Chen Moumou appealed.

After trial, the Chongqing Third Intermediate People's Court believed that Chen Moumou had obvious physical discomfort in working hours and workplace. Because of the near -work hours, he was delayed to return to the staff dormitory to rest to relieve symptoms, which is in line with common sense. The employee dormitory is originally a place of rest provided by the unit for employees, which can be regarded as a reasonable extension of Chen Moumou's job. Therefore, Chen Moumou's death was in line with the above provisions of "deemed work injuries". At the same time, there was no evidence to prove that in the death of Chen Moumou, the intentional crime, drunk or drug abuse, self -harm or suicide in Article 16 of the Regulations on the Insurance Insurance Regulations, etc. Essence Then the judgment was revoked, and the decision made by the Human Resources and Social Affairs Bureau's decision and the administrative reconsideration decision made by the Human Resources and Social Affairs Bureau and the government made the Social Affairs Bureau re -make a decision to determine the work injury.

Judge

The formulation of the "Seeing Work Injury" provisions in the "Regulations on Work Injury Insurance" is to consider the situation of death caused by employees' sudden diseases in normal work. It usually has the characteristics of suddenness, rapidness and criticality. People are caught off guard, or they die due to rescue even after rescue. Although the above situation does not belong to the employee's working hours and job due to work reasons, the legislation uses this as the identification condition of "regarding work injury", which reflects the special protection and strict restrictions on both employees who die for non -work reasons. The legislative spirit of work injury insurance is conducive to providing labor protection for employees, and also conducive to soothe the spiritual trauma of the family members of the deceased, reducing the suffering and losses it suffered.

This case is comprehensively judged by comprehensive judgment of the testimony testimony, the medical examination report, and the evidence issued by the public security organs to predecessors to predecessors Chen Moumou's symptoms of diseases in the working hours and workplace. Symptoms, thus determining that Chen Moumou's death was in line with the situation of "regarding work injury". The identification of this case helps to clarify the correct understanding and understanding of the provisions of "regarding work injury", so as to further standardize the identification criteria of "regarding work injury" in practice.

According to the people's court

Case 2 Sudden Court of Court of Overall at home after get off work: It is determined that it is a working hours and an emergency disease of the post.

After get off work, Shi Mou returned home to deal with the work through WeChat. The disease fell to the ground that night, and after 120 arrived, he announced his death. After the incident, Shi Mou's wife asked the court and asked to be identified as a work injury.

A few days ago, the case was determined by the second instance of the Guangzhou Railway Transport Intermediate Court to constitute a work injury. The court pointed out that for the interests of the unit, if the employee continues to occupy the personal timeline processing get off work after work, it belongs to the extension of the "working hours and work positions" stipulated in the "Work Injury Insurance Regulations". "Same work injury". Suddenly died at home after get off work at home

Shi Mou was an employee of a trading company in Guangzhou. At about 19.40 on a working day in 2020, Shi Mou suddenly fell to the ground at home and announced death after 120 arrived.

Shi Mou's WeChat chat record shows that after getting home from get off work on the day of the incident, he negotiated with colleagues and customers through WeChat. The last chat time with colleagues "Daewoo" was 19:22; Other colleagues in WeChat groups continue to reply to work content.

Shi Mou's wife Tianmou submitted an application for work injury to the local social security bureau. The Social Security Bureau made a complaint "Decision on the Decision of Work Injury" and decided not to be identified or "regarded as a working injury" to Shi Mou's death. Tian Mou was dissatisfied and complained to the court.

The second trial was judged to be in line with the situation of "regarding work injury"

The first instance of the Guangzhou Railway Transport Court held that Shi Mou did not belong to working hours or work at home when he had a sudden disease at home, and rejected Tian's claim. Tian Mou was dissatisfied and appealed. The second instance of the Guangzhou Railway Transport Intermediate Court believes that combined with the statement of a colleague Tian, ​​it is produced with Shimou's factories at night, and it will be linked to each other during the production process. It has been the case for many years. It can be seen that Shimou continued to deal with online processing after returning home. Specific in this case, Shi Mou's last time the WeChat time was 19:22, instead of 19:40 on the ground time, the existence time was poor, but considering the onset of sudden diseases to death, there was a continuous process. Shi Mou is in line with the death of a dying of a dysentery of working hours and working positions.

Based on this, the court's judgment revoked the first trial judgment, and the claims of the Social Security Bureau's "Decision on the Decision on Work Injury" were ordered to order the application of Tianmou's work injury to re -process within 60 days from the date of effectiveness of the judgment.

Judge

The judge believes that when the time of the incidence of employees and death is difficult to determine, the principle of protecting the legitimate rights and interests of employees in accordance with the tendency to determine the tendency of work injury should be concentrated on the employee. Considering that there is a continuous process of the incidence of sudden diseases and death, and in this case, Shi Mou did not use WeChat to send any information after 19:22. Diseases of jobs.

Combined with this case, the undertaking judge believes that workers and their families must have a sense of evidence to retain various emails, call records, WeChat chat records, SMS records, etc. during the office of the office. Become an important basis for judgment. According to Article 15 of the "Regulations on the Injury Insurance Insurance Regulations" of the Guangzhou Daily Law: If an employee has one of the following circumstances, it should be regarded as a work injury: (1) at working hours and work positions. The rescue of invalid death (2) Employees who were injured in the army in the army in the army in the army in the army and the disabled were obtained in rescue and relief activities. If the employees who have recurred in the old injury include the preceding paragraph (1) (1) (2), the case of work injury insurance is enjoyed in accordance with the relevant provisions of these regulations; Regulations to enjoy work -related injury insurance benefits other than disposable disability subsidies

According to Guangzhou Daily

- END -