Discussion on Work-Related Injury Recognition Cases [Daily Question 090327]

I think it depends on whether your company closes for the day at noon. After work: This falls under the category of injuries sustained by an individual in a non-work area and outside working hours; it can be said that the injury did not occur while performing job duties, therefore it is not considered a work-related injury. Not leaving work: It occurs during working hours and is caused by work requirements, hence it is considered a work-related injury. Reference can be made to Order No. 493 and the Regulations on Work-related Injury Insurance

It is more appropriate to handle it in accordance with work-related injury procedures, as the accident occurred at the workplace!

For jobs that involve continuous work, preparing meals should be considered part of working hours, and it should therefore be recognized as an occupational injury； If it is a time for rest and meals, outside of working hours, then it cannot be classified as a work-related injury.

Source: http://www.51labour.com/zhuanti/0618/ One of the conditions for recognizing work-related injuries: Suffering an accident while engaged in work-related activities within the workplace before or after working hours； Key points: 1. Before or after working hours; 2. Within the workplace; 3. Preparatory work before work or concluding work after work. Injuries sustained while eating are not considered work-related injuries. Injuries incurred while ‘visiting another workstation’ meet the criteria for recognizing a work-related injury. Last edited by Beifangyunque on 2009-3-27 11:10.]

Article 14 of the Regulations on Work-related Injury Insurance: An employee shall be recognized as having a work-related injury under any of the following circumstances: (1) Suffering an accident injury due to work reasons during working hours and in the workplace； 　　(II) Suffering an accident injury while performing preparatory or concluding work related to the job inside the workplace before or after working hours ； 　　(III) Suffering accidental injuries such as assaults while performing job duties during working hours and in the workplace ； 　　(IV) Those suffering from occupational diseases ； 　　(5) Injuries sustained due to work reasons or going missing in an accident while on a business trip ； 　　(6) Injured in a motor vehicle accident on the way to or from work ； 　　(7) Other circumstances stipulated by laws and administrative regulations to be recognized as work-related injuries. 　　Article 15: An employee shall be regarded as having suffered an industrial injury under any of the following circumstances: (1) Dying suddenly from an illness at work and at the workplace, or dying within 48 hours despite emergency treatment ； 　　(II) Those who were injured in activities to safeguard **interests and public interests, such as emergency rescue and disaster relief ；

In accordance with the provisions of the Regulations on Work-related Injury Insurance: Article 14 An employee shall be recognized as having a work-related injury under any of the following circumstances: (1) Suffering an accident injury due to work reasons during working hours and in the workplace； (II) Suffering an accident injury while performing preparatory or concluding work related to the job inside the workplace before or after working hours ； (III) Suffering accidental injuries such as assaults while performing job duties during working hours and in the workplace ； (IV) Those suffering from occupational diseases ； (5) Injuries sustained due to work reasons or going missing in an accident while on a business trip ； (6) Injured in a motor vehicle accident on the way to or from work ； (7) Other circumstances stipulated by laws and administrative regulations to be recognized as work-related injuries. In accordance with the provisions of Article 2, it should be recognized as a work-related injury.

1. While getting food at the company canteen, I slipped accidentally, which indicates that the canteen has unsafe conditions that lead to slipping; this further shows that the company is at fault； 2. In the case of continuous production, a canteen is provided by the employer to enable employees to work better; therefore, employees can apply Article 2(2) in the situation where they suffer an accident while carrying out preparatory or concluding work related to their job within the workplace before or after working hours at the employer’s canteen ； 3. Compare with (6): Injuries sustained in a motor vehicle accident on the way to or from work ； Since injuries sustained by employees while commuting to and from work due to motor vehicles can be considered work-related injuries, injuries incurred in the company cafeteria due to unsafe conditions should also be treated in a similar manner as work-related injuries!

I believe that in accordance with the Regulations on Work-related Injury Insurance, this falls under the category of \"injuries sustained while carrying out preparatory or concluding work related to one’s job within the workplace before or after working hours\", and it should be recognized as a work-related injury.

If it is not a meal time during continuous work, it should not be considered an occupational injury. However, since the employee slipped while getting food at the company cafeteria, this indicates that the safety measures in the cafeteria are inadequate; therefore, the operator or manager of the cafeteria should compensate for the economic losses resulting from the slip.

Agree with the opinion on floor 10. The canteen shall provide compensation; the employer will not.

The time spent on the way home from work is considered part of working hours, let alone being in the office cafeteria?

If it is a day shift, it is considered an work-related injury, as the injury occurred during working hours. If it is a regular day shift, that time falls outside of working hours, so it is not considered a work-related injury.

Work-related injury, cafeteria compensation – fully resolved

For jobs that involve continuous work, preparing meals should be considered part of working hours, and it should therefore be recognized as an occupational injury； If it is a time for rest and meals, outside of working hours, then it cannot be classified as a work-related injury.

We need to establish rules for handling such matters. The Work-related Injury Insurance Regulations contain the following provisions: Article 14 An employee shall be recognized as having a work-related injury under any of the following circumstances: (1) Suffering an accident injury due to work reasons during working hours and in the workplace； (II) Suffering an accident injury while performing preparatory or concluding work related to the job inside the workplace before or after working hours ； (III) Suffering accidental injuries such as assaults while performing job duties during working hours and in the workplace ； (IV) Those suffering from occupational diseases ； (5) Injuries sustained due to work reasons or going missing in an accident while on a business trip ； (6) Injured in a motor vehicle accident on the way to or from work ； (7) Other circumstances stipulated by laws and administrative regulations to be recognized as work-related injuries. In accordance with the provisions of Article 2, it should be recognized as a work-related injury. So I think it should be treated as a work-related injury

Determining whether an injury can be classified as a work-related injury falls into two categories: First, the employee is not at work at the time of the injury； II. The employee is not at work. Article 14, Paragraph 1 of the Regulations on Work-related Injury Insurance stipulates that injuries sustained due to work reasons during working hours and in the workplace shall be recognized as work-related injuries. (Therefore, the first scenario clearly should not be considered an occupational injury.) This provision represents the most fundamental meaning of the concept of occupational injury, namely that an occupational injury is an injury caused directly or indirectly by work. This is one of the most basic situations that should be recognized as a work-related injury. Firstly, “working hours” refer to the time specified by law or required by the employer for employees to work. According to the \"Decisions on Amendments\" issued by the State Council in March 1995, workers shall work no more than 8 hours per day and an average of no more than 40 hours per week. However, if the employer has specific requirements regarding the working hours of its employees in accordance with the law, then the working hours determined by the employer shall be those of the employee. Secondly, regarding the definition of the workplace, we can refer to the definition provided in the International Labour Organization’s Convention on Occupational Safety and Health and Working Conditions, 1981 (No. 155). A workplace refers to all locations where workers must be present or go as part of their work, and which are under the direct or indirect control of the employer. Clearly, the most crucial aspect in this case is to accurately understand the essence of the concept of \"work-related reasons\". The definition of this element must be determined based on specific circumstances, rather than being simply limited to the job tasks performed directly. Eating is a basic physiological need for employees, and should be considered related to work reasons. Therefore, the second scenario should be recognized as a work-related injury.

According to Article 14 of the Regulations on Work-related Injury Insurance, an employee shall be recognized as having a work-related injury under any of the following circumstances: (2) Suffering an accident injury while carrying out preparatory or concluding work related to their job inside the workplace before or after working hours. Here, “before and after working hours” refers to times outside of working hours; specifically, it is the period before starting work or after finishing work. For example, if the working hours are from 8 a.m. to 6 p.m., it is considered “before and after working hours” if an employee arrives at work at 7:30 a.m. in advance, or if they finish their tasks after work and stay until 6:30 p.m., etc. Based on the above, this can be considered an work-related injury. Everyone should read it carefully, as lunch time can definitely be counted as part of the \"time before and after working hours,\" and it takes place within the company! This post was last edited by xlm19589 on 2009-3-27 14:44]

Eating meals during working hours should be considered an occupational injury； If it is a time for rest and meals, it cannot be considered an work-related injury.

According to Article 14 of the Regulations on Work-related Injury Insurance, an employee shall be recognized as having a work-related injury under any of the following circumstances: (1) Suffering an accident injury due to work reasons during working hours and in the workplace； (II) Suffering an accident injury while performing preparatory or concluding work related to the job inside the workplace before or after working hours ； (III) Suffering accidental injuries such as assaults while performing job duties during working hours and in the workplace ； (IV) Those suffering from occupational diseases ； (5) Injuries sustained due to work reasons or going missing in an accident while on a business trip ； (6) Injured in a motor vehicle accident on the way to or from work ； (7) Other circumstances stipulated by laws and administrative regulations to be recognized as work-related injuries. The cafeteria is also part of the workplace and is considered an extension of it. Having lunch is a normal physiological need, not unrelated to work. Therefore, it can be classified as a work-related injury based on the first criterion. The above are personal opinions. Some forum members believe that it makes sense, according to point (2), for an accident to occur when someone is carrying out preparatory or concluding work related to their job at the workplace before or after working hours. In short, in a situation like the one described, it can be considered an occupational injury!