Seeking help: How to determine mental illness caused by work
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Here’s roughly what happened: An employee experienced dizziness while conducting titration experiments (he believed it was due to exposure to trace amounts of hydrogen cyanide gas), which made him feel as though he was going to die; this led to some psychological issues for him. The company also took him to several hospitals for treatment and administered antidotes in a timely manner; from start to finish, all his vital signs were normal, and even tests of his nervous system showed normal results. More than 2 months have passed, and he still experiences symptoms such as pain, numbness, and dizziness from time to time. Extreme mania in personal behavior. Psychologists are also pretty certain that he has psychological issues, as witnessing his father die in a car accident at the age of 12 caused him to subconsciously feel that he too would die. I would like to ask: Is this considered an occupational disease? Or an work-related injury? It is determined that work-related factors have triggered some underlying psychological barriers in him. Is it beneficial for the company? PS: The company is a foreign-owned enterprise that is very formalistic; there are strict rules regarding health checks, on-site supervision, and PPE management.
Psychological counseling, right! If counseling still doesn’t work, consult a lawyer.
Is it easy to determine whether this constitutes a work-related injury?
Is it easy to determine whether this constitutes a work-related injury?
There is a specific law that defines this: the \"Regulations on Work-related Injury Insurance.\" Article 14 stipulates that an injury can be recognized as a work-related injury only if it falls under one of seven specified circumstances. After taking a brief look, it seems that only points (4) and (7) are applicable: (4) Suffering from an occupational disease. 【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.】 】; (VII) Other circumstances stipulated by laws and administrative regulations to be recognized as work-related injuries. 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. 】 It is the labor administration department that decides whether an injury can be classified as a work-related injury; given China’s national conditions, you understand.
It’s not easy to determine whether a mental illness is caused by work-related factors or by physical or psychological issues. The original poster also mentioned that the person in question suffered a psychological trauma at the age of 12, so it’s difficult to say for sure. As mentioned on the 5th floor, it’s best to go to the labor arbitration department for confirmation.
Thank you for your detailed response, but this incident appears to be cyanide poisoning； There are no parameters indicating that it was caused by poisoning. For example, even if the person was in the bathroom at that time, it could still have led to the current situation.
This is also the advice from psychologists. This is really too difficult to handle.
1. Is there any chance of coming into contact with cyanide in his job position? 2. What are the results of cyanide testing for this position (routine occupational health tests)? 3. How much time does he spend in contact with cyanide per day on average? 4. . . Wait, wait—these difficulties all need to be understood
This situation falls under a civil dispute, meaning that each party has their own valid arguments; it is recommended to resolve it through negotiation； If the employer is unwilling to negotiate, there is certainly no pressure (such as from lawyers, labor administration departments, labor arbitration bodies, the media, courts, etc.). Applying pressure on the employer based on one’s own social skills might help to resolve the issue. As a last resort, one can file a lawsuit; if that point is reached, it is important to consult a lawyer carefully. One can start by gathering evidence that is favorable to oneself, such as any violations committed by the employer ； Finally, according to the Labor Contract Law, in labor contract disputes it is the employer who must provide evidence first; in other words, it is the employer that has to prove that it was not at fault in relation to your friend’s mental illness. Only then can the worker provide evidence to show that the employer is at fault ； Of course, if the worker can prove that there is a necessary causal relationship between the poisoning and the mental illness, they will surely win.
Sigh~ There’s nothing else to do. The company is very reputable; it conducts annual health checks for occupational diseases, on-site occupational hazard assessments, provides thorough protective measures for handling highly toxic substances, and has extremely strict management protocols. Based on the footage from the on-site CCTV, it appears that the patient themselves was likely to have been violating procedures. The requirement to wear a mask and to work under a fume hood was not met. The key point is that even in the case of cyanide poisoning, the symptoms do not cause mental illness, or at least they do not cause the symptoms he is experiencing now.