【Basic Knowledge of Occupational Health】 – Work-related Injury Recognition

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This post was last edited by slll611 on 2016-3-10 22:10. Many thanks to @ Linlin Shangshang for the reminder:victory:. Article 14 of the Regulations on Work-related Injury Insurance stipulates that 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. The prerequisites are that “working hours” and “workplace” are two conditions that must be met simultaneously; additionally, the injury, disability, or death must have occurred “as a result of work”. Accidental injuries refer to personal injuries, acute poisoning incidents, and similar injuries that occur to employees during the course of their work. (II) Suffering an accident injury while performing preparatory or concluding work related to the job within the workplace before or after working hours. ““Before and after working hours” refers to times that are not part of the regular working hours; specifically, it denotes the period before the start of work or after its conclusion. For instance, if the working hours are from 9 a.m. to 12 p.m., followed by another shift from 2 p.m. to 6 p.m., then an employee arriving at 8:30 a.m. or staying until 6:30 p.m. to complete post-work tasks can be considered as being “before and after working hours.” However, one crucial point must be emphasized: the purpose of such activities must be to carry out preparatory or concluding tasks—such as getting machinery ready for operation or tidying up machines and tools after shutting them down. (III) Suffering from accidental injuries such as violence while performing job duties during working hours and at the workplace. “Both “working hours” and “workplace” must be present, and it must occur while performing one’s job; the injuries sustained in such cases are caused by reasons unrelated to work, such as threats or accidents originating from within the organization or from external sources. For example, someone might deliberately retaliate against an employee while that employee is performing their job duties, by attacking them physically, thereby causing the employee to get injured, become disabled, or die. (4) Those suffering from occupational diseases. It refers to diseases that occur among workers in enterprises, institutions, and individual economic organizations as a result of exposure to dust, radioactive substances, and other toxic and harmful substances during their occupational activities. (5) While on a business trip, suffering an injury due to work-related reasons or going missing in a accident. “\"On a business trip\" includes business trips as well as temporary outings for work-related tasks; it is also necessary to be performing job duties at the time of the accident, that is, to have been away on business when injured or missing in an accident. (VI) Suffering injuries in a traffic accident, or an accident involving urban rail transit, passenger ferries, or trains, on the way to or from work, where the individual is not primarily at fault. ““Commuting” refers to accidents involving personal injury that occur during the necessary journey from one’s place of residence to the workplace, and within the required time frame. Injuries sustained while visiting relatives or friends cannot be classified as work-related injuries. In cases of injuries resulting from motor vehicle accidents, the issue of illegal driving should also be taken into account; this problem is most common with two-wheeled motorcycles. Injuries caused by illegal driving (driving without a license) cannot be considered work-related injuries. (7) Other circumstances where it shall be determined as a work-related injury as stipulated by laws and administrative regulations. This is a legal fallback provision; given the complexity and uncertainty of work-related accidents, not only are specific legal and administrative regulations with regulatory and mandatory provisions necessary, but other laws and regulations also need to be adjusted accordingly. Other situations that are classified as work-related injuries under legal and administrative regulations should also be included within the scope of work-related injuries covered by these regulations. Article 15 of the Regulations on Work-related Injury Insurance stipulates that an employee shall be regarded as having suffered a work-related injury under any of the following circumstances: (1) Dying suddenly from an illness at the time of work and at the workplace, or dying within 48 hours despite emergency treatment. Both conditions must be met simultaneously: “working hours” and “work position”. “Death due to sudden illness” refers to: 1. An employee suffering from an illness unrelated to work that results in death. If death is caused by an illness related to work, it shall be recognized as a work-related injury in accordance with Article 14 of the Regulations on Work-related Injury Insurance. 2. If an illness unrelated to work occurs at the workplace and does not result in immediate death, but the person dies within 48 hours despite attempts to save them, it is considered an occupational injury. (II) Those who are injured during activities aimed at safeguarding **interests** and public interests, such as emergency rescue and disaster relief efforts. (III) Employees who were previously in the military, became disabled due to combat or service-related injuries, have obtained a disability certificate for military personnel, and experience a recurrence of their old injuries after joining an employer. Regarding the protection of veterans, in cases where military personnel are injured or disabled during combat or while performing their duties, and upon having their disability level determined by relevant authorities in accordance with the “Criteria for Determining Disability Levels of Revolutionarily Wounded and Disabled Soldiers”, any recurrence of their pre-existing conditions at their place of employment shall be regarded as a work-related injury. This is mainly because revolutionary soldiers have already made sacrifices **for the sake of interests; hence, such provisions are made to effectively safeguard their interests. Article 16 of the Regulations on Work-related Injury Insurance stipulates that employees in any of the following circumstances shall not be recognized as having suffered a work-related injury or regarded as having such an injury: (1) Those who suffer injuries or deaths as a result of committing crimes or violating public order regulations; (2) Those who suffer injuries or deaths due to drunkenness; (3) Those who inflict harm on themselves or commit suicide.