Case analysis: Should the following situations be classified as work-related injuries? (1)
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This post was last edited by slll611 on 2016-2-26 at 12:57. Work-related injuries must be recognized by the human resources and social security authorities; only those confirmed to be work-related injuries entitle the individual to corresponding benefits. Therefore, work-related injury recognition is crucial for employees. Due to the diversity and complexity of real life, many work-related injury cases with similar yet distinct characteristics have emerged in the practice of determining such injuries. To this end, several such cases will be selected for discussion below to help establish a clear definition of work-related injuries; the results will be announced after one week. Everyone is welcome to participate in the debate; all participants will receive a reward, with extra prizes for those who offer unique perspectives and detailed explanations. @Case zxz017: Yue worked as a bricklayer in the polishing workshop of a company in Foshan, working in two shifts – morning and evening – with shift changes on the 10th and 25th of each month. On May 10, 2013, Yue took a break due to a shift change. On May 9, the company posted a notice on the bulletin board indicating the time for class transfers, and informed all employees that they should bring their ID cards, factory IDs, and residence permits to collect their wages at 2:30 p.m. the following day. On May 10, Yue went to the company’s finance department to queue up to receive his salary; while signing, he suddenly collapsed and hit his head on the ground, sustaining injuries. He was diagnosed with severe head trauma. The company considered that the injuries did not occur during working hours or in the workplace as a result of work-related activities, and therefore did not classify them as work-related injuries. @LVZBMAN @hnan @wamj6566 @*anpangpang @hanyu*a8 @No Regrets @Storage and Transportation Torch @Guan Gongyu @yu3606 @*aojiaoya0546 @Fish in the Desert @BOSS @Linlin Shangshang @Sulfur Zinc Aluminum @Ice River Snow Tracing @soul_BOY_young @zxj5048386 @Liu Fei @Revisiting the Three Kingdoms liu; for evaluation criteria, refer to: http://bbs.hcbbs.com/thread-1556795-1-1.html
Work-related injuries, also known as industrial injuries, occupational injuries, or workplace injuries, refer to the damages caused by adverse factors and occupational diseases that workers suffer while engaging in occupational activities or activities related to such occupations.
This post was last edited by slll611 on 2016-2-24 at 21:20. Receiving a salary is an action required by the company, and performing certain tasks at the time and place specified by the company should be considered work-related injury. The company issuing the salary may also require it to be done during regular working hours before the shift change.
This post was last edited by Sammy_Wang on 2016-2-24 at 13:21. If dizziness is caused by underlying diseases or anemia, it’s necessary to determine the cause; could it be considered an occupational disease? If it’s considered a work-related injury, what about excessive or insufficient bonuses, other forms of incentives that cause dizziness and lead to falls? Does that count as well?
This post was last edited by slll611 on 2016-2-24 at 21:22. Receiving salary is also related to work; although in the case of someone who is injured, the salary is received when they are not working, there are many people who are still on duty at that time and also receive their salaries. Everyone receives their salaries at this time under the company’s unified arrangement, and this act should be considered as being related to work
The factory informed the employees that an incident had occurred on site, and it should be considered as an work-related injury occurring during working hours
Article 14, Paragraph (2) of Chapter III, \"Recognition of Work-related Injuries\", of the State Council’s Order No. 375, the \"Regulations on Work-related Injury Insurance\", stipulates clearly: \"(2) Those who suffer an accident injury while carrying out preparatory or concluding work related to their job inside the workplace before or after working hours\"； ” "(5) Injured due to work reasons or missing in an accident while on a business trip ； " In the accident case, Yue suffered injuries due to work-related reasons, so it must be considered a work-related injury.
It was an injury that occurred at the workplace, but it wasn’t during working hours; from a personal perspective, it should be considered a work-related injury, but it’s difficult to get approval from the legal department. However, it is possible to undergo an assessment for occupational diseases; if injuries are caused by such diseases, an application for work-related injury compensation can be filed. Occupational diseases refer to illnesses that occur among workers in enterprises, institutions, and individual economic organizations as a result of exposure to dust, radioactive substances, and other toxic or harmful materials during their professional activities.
Receiving a salary is also part of the job; since the incident occurred at the workplace, it should be considered an occupational injury.
You’re right; it’s not an occupational disease, but is it considered a work-related injury?