Case Analysis (15): How do you make the decision?
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This post was last edited by slll611 on 2016-3-26 20:09. Case: At the end of 2010, Zhu was demobilized from a island defense unit. During his service, he was disabled on duty during field training and was classified as having a disability of grade nine; the relevant authorities issued him a disability pension in accordance with the Regulations on Pensions and Preferential Treatments for Military Personnel. After retiring from the military, Zhu, thanks to his excellent skills in car repair, refused the arrangements made by the organization and was hired by a private repair shop at a high salary. In March 2012, Zhu’s old injury recurred, and examinations showed that further surgical treatment was needed, at a cost of around 60,000 yuan. With this recurrence of the old injury, does Zhu have the right to receive workers’ compensation benefits? Yuan Fang, what’s your opinion?
Zhu should be entitled to work-related injury benefits.
Zhu should be entitled to work-related injury benefits.
Zhu should be entitled to work-related injury benefits.
It constitutes an occupational injury. Regulations on Work-related Injury Insurance: Article 14 An employee shall be recognized as having an occupational 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 within 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) 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 ； (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 a work-related 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 aimed at safeguarding **interests and public interests, such as emergency rescue and disaster relief ； (III) Employees who were previously in the military, became disabled as a result of injuries sustained in combat or on duty, and have obtained a certificate for revolutionary disabled soldiers; such employees experience a recurrence of their old injuries after joining an employer. If an employee falls under the circumstances specified in items (1) and (2) of the preceding paragraph, they shall be entitled to work-related injury insurance benefits in accordance with the relevant provisions of these regulations ； If an employee falls under the circumstances specified in item (3) of the preceding paragraph, they shall be entitled to work-related injury insurance benefits other than the one-time disability allowance, in accordance with the relevant provisions of these regulations.