Work-related injury identification case sharing (3): If a manager is injured in retaliation from an employee on the way to work, can it be considered a work-related injury?

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This post was last written by wang* nhua77020 on 2016-9-21 06:18 An editorial manager was injured in retaliation from an employee on the way to work. Can it be considered a work-related injury? Case review: Yang is the production manager of a company. After Jiang, an employee of the company's production department, was fired from the company, her husband Zhang became angry with Yang and gathered others to beat Yang and injure him on his way to work. Afterwards, Yang applied for work-related injury recognition to the local social insurance administrative department. The local social insurance administrative department believed that the injury suffered by Yang on the way to work did not meet the scope of work-related injury recognition and would not be recognized as a work-related injury. Yang subsequently filed an administrative lawsuit with the court, and the court upheld the original judgment in both the first and second instances. After the incident, according to the "Certificate" issued by the company, Jiang was fired for violating the company's management system. Yang was beaten by someone hired by Jiang's husband Zhang on the way to work. The court issued a criminal verdict and sentenced Zhang and the four people who beat Yang to fixed-term imprisonment for intentional injury. The judgment also determined that Zhang took out his anger on Yang because his wife Jiang was fired from the company. According to the judgment, it was found that Zhang had reached a settlement agreement with Yang and compensated him 130,000 yuan in accordance with the agreement. Case Analysis Article 14(3) of the "Regulations on Work-related Injury Insurance" stipulates that any accidental injury such as a blizzard due to the performance of work duties during working hours and in the workplace shall be deemed to be a work-related injury. 　　In this case, Yang was injured by a car accident on the way to work, which did not meet the above provisions. Yang believed that the time of his injury should be considered an extension of working hours, and that the place of injury should be considered an extension of the workplace. There is no legal basis. Being injured during working hours and in the workplace is a necessary condition for determining a work-related injury. In addition, according to Article 14 (6) of the "Work-related Injury Insurance Regulations", only injuries suffered from traffic accidents that are not the main responsibility of the individual during commuting can be recognized as work-related injuries. In conclusion, the local social insurance administrative department determined that Yang’s injury was a non-work injury and complied with the law.