Case Analysis (16): Is fighting at work considered an occupational injury?
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This post was last edited by slll611 on 2016-3-26 at 20:13. On August 31, 2003, Cui, an employee of an electrical appliance company, and Huang were on night shift, working on grinding iron pipes. Cui changed the specifications of the polished iron pipes without the approval of his supervisor. Seeing that Cui was cutting corners secretly, Huang was naturally unwilling; he asked Cui to continue polishing the large iron pipe. However, Cui felt that Huang had no right to give him orders and ignored his requests, which led to a conflict between the two of them. Subsequently, Huang struck Cui in the face with a punch first, causing Cui to fall to the ground. After Cui got up, the two struggled, and Huang knocked Cui to the ground again and kicked him. After being beaten, Cui experienced pain in his left waist; on the same day, the hospital diagnosed a ruptured spleen and performed a spleen removal surgery. On June 1, 2004, Cui applied to the Taicang Labor and Social Security Bureau for work-related injury recognition. Taicang Company believes that employees who get into fights during working hours have violated the company’s management rules, and such incidents should not be considered work-related injuries. Yuan Fang, how do you make your judgment?
Fighting at work cannot be considered an occupational injury; it is a serious violation of labor discipline, and those responsible must bear the compensation.
If fighting at work can still be considered an occupational injury, then the company will surely have to pay huge compensation
If employees fight during working hours, they have violated the company’s rules and regulations, and such incidents should not be considered work-related injuries
Injuries resulting from a fight should not be considered work-related injuries, but compensation can be sought from the person who caused the injury.
Article 14, Paragraph 3 of the Regulations on Work-related Injury Insurance stipulates that if an employee suffers accidental injuries such as assaults while performing his or her job duties during working hours and in the workplace, it shall be recognized as a work-related injury. It can be seen that as long as enterprise employees suffer injuries due to the performance of their job duties during working hours and in the workplace, such injuries should be recognized as work-related injuries. Cui falls under the category of those who have suffered accidental injuries such as burns while performing their job duties, and such injuries should be recognized as work-related injuries.
Cui cut corners while working and was not fulfilling his job responsibilities； Furthermore, fighting at work violates the company’s rules and regulations, so it should not be considered a work-related injury.