(Analysis of work-related injury cases) If an injury occurs before formal employment, is it considered a work-related injury?

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Before officially starting work, she was asked by the company to participate in some interactive games, and during those games she suffered a fracture accidentally. Does this count as an occupational injury, and who should bear the medical expenses? Ms. Luo, a citizen, has been very worried about this issue. At the company’s request, she went to a loan company for a job interview last month; she was injured in the process. Ms. Luo, a local resident, went to that company for the interview. After the interview, Ms. Luo received a notification from the company asking her to attend the morning meeting on July 27th. After holding the early meeting, in order to help the participants get to know each other better, the company organized an interactive game on a temporary basis before the employees started working there. While participating in the mini-game, Ms. Luo accidentally fell and got injured. Immediately after the accident, the company took Ms. Luo to the hospital for wound treatment. In the following days, Ms. Luo stayed at home to rest. The hospital initially diagnosed Ms. Luo’s injury as a fracture in her left lower leg, with the treatment costs estimated at around 10,000 yuan. Ms. Luo requested compensation from the company for these medical expenses. Upon learning of this, the company rejected her request on the grounds that Ms. Luo had not started working there. However, Ms. Luo does not agree with the company’s claims. She said that the game was organized by the company, and the company bears undeniable responsibility for any physical injuries that occur during the game. Due to the issue of medical expenses, Ms. Luo has been in communication with the company for over a month, yet she still has not received a resolution that satisfies her. Believing it fell under the category of work-related injuries, after receiving Ms. Luo’s request for help, the reporter contacted this loan company named Chengju. A manager surnamed Zhao who came to greet them said that Ms. Luo had not signed a contract with the company, so she was not considered an official employee of the company. The company could only express regret over Ms. Luo’s injury and could offer no further substantial compensation to her. I don’t want to say more about the rest. The lawyer provided opinions regarding the situation Ms. Luo encountered. Yang Zhengxuan, a lawyer from Chongqing Zhiwei Law Firm, said that the key factor in determining whether Ms. Luo has an employment relationship with the company is not only whether a labor contract has been signed between them, but also the nature of their actual work relationship, which can determine whether an employment relationship exists between the two parties. Ms. Luo attended the event that day at the company’s request, so the injuries she sustained should be considered work-related injuries. If Ms. Luo fails to reach an agreement with the company through mediation, she can apply for labor arbitration.