Case Analysis (22): Are they injured at work?
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This post was last edited by slll611 on 2016-4-24 21:57. Case: Gu works as a security guard for a company, with working hours from 7:30 to 17:00； At 7:15 on July 11, 2013, Gu went to work as usual. Due to the rainy weather, he wore a raincoat while riding his electric bicycle. As he passed by the bus stop on his way from home to work, the wind caused the raincoat to lift, blocking his vision; as a result, his vehicle collided with the curb on the non-motorized vehicle lane, causing Gu to fall and get injured. That day, the hospital diagnosed him with a dislocation of the left shoulder joint, a fracture of the greater tubercle, and damage to the brachial plexus. The local traffic police department issued a certificate of the traffic accident, but did not specify who was at fault. On August 2, 2013, Gu’s employer submitted an application for work-related injury recognition to the local Human Resources and Social Security Bureau. After conducting an investigation, the local Human Resources and Social Security Bureau issued a decision on September 12, 2013, stating that Gu’s accident could not be classified as a work-related injury. Gu disagreed and, on September 20, filed an application for reconsideration with the local people’s government, requesting that the decision issued by the Human Resources and Social Security Bureau denying recognition be revoked ； The local authorities **upheld the decision of the Human Resources and Social Security Bureau after review.** Gu filed another lawsuit in court seeking to have the decision issued by the Human Resources and Social Security Bureau denying recognition revoked. Yuan Fang, how do you make your judgment?
Gu should be recognized as having suffered a work-related injury. Because Gu was injured on his way to work
Gu’s situation should be considered a work-related injury. He was injured on his way to work, and it should be considered a work-related injury
1. An accident that occurs on the way to or from work falls under the category of work-related injuries. 2. It was a fall, and there is no party responsible for the accident. But your company is responsible. 3. There are also no documents providing specific legal support for this situation. One can only seek protection in accordance with relevant laws.
Handling traffic accidents does not fall under work-related injuries.
Deductions in accordance with regulations are not considered work-related injuries. 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 at 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) Injured due to work reasons or 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.
May I ask why the original poster doesn’t allow people to see the discussions?