Case Sharing on Work-Related Injury Recognition (6): Can an injury sustained while working under the influence of alcohol be considered a work-related injury?

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Case Details: Lin is an employee of a certain organization. One day, he informed his employer that he had accidentally injured his right elbow while working, and asked the employer to file a claim for work-related injury with the labor authorities. The company later learned from the relevant personnel that although Lin had a low tolerance for alcohol, he liked to drink a little from time to time. At noon, he drank a small bottle of baijiu with classmates who came from other places in a hotel. While going to work to handle some business, he accidentally tripped and injured his right elbow. On the afternoon of the injury, the company asked Lin to go to the hospital for treatment, and blood was taken from him for testing; the result showed that his alcohol level was 116 milligrams per milliliter, indicating that he was still under the influence of alcohol. 　　The next day, the person in charge of the company informed Lin, based on the alcohol test results, that according to the Regulations on Work-related Injury Insurance, his injury resulting from being drunk could not be classified as a work-related injury. Lin raised objections and applied for recognition of the injury as a work-related injury in his own name. The local human resources and social security department determined that it was not a work-related injury, and Lin, dissatisfied with this decision, filed an administrative lawsuit. In the end, the court ruled in favor of the local human resources and social security department, upholding its determination that it was not a work-related injury. Analysis 　The focus of dispute in this case is whether Lin’s accidental injury, which occurred while he was at work in a drunken state, constitutes an occupational injury 　　According to the Regulations on Work-related Injury Insurance, if an employee suffers an accident injury at work and within the workplace due to work reasons, it shall be recognized as a work-related injury. However, Article 16 of the Regulations on Work-related Injury Insurance stipulates that if an employee meets the requirements of Articles 14 and 15 of these regulations, but falls under one of the following circumstances, such injury shall not be recognized as a work-related injury or treated as one: (1) Committing an intentional crime ； (II) Under the influence of alcohol or drugs ； (III) Those who engage in self-harm or suicide. 　　The “Provisions of the Supreme People’s Court on Several Issues Concerning the Trial of Administrative Cases Involving Work-related Injury Insurance” provide an explanation for the basis governing these three scenarios. “For cases of “intoxication or drug use” and “self-harm or suicide”, there must be a certificate of responsibility, a conclusive opinion, a court judgment, etc., issued by an authorized authority ； ““A deliberate crime” shall be based on the effective legal documents or conclusive opinions issued by criminal investigation authorities, prosecution agencies, and judicial bodies. Conclusion: Lin was injured while under the influence of alcohol; the relevant certification issued by the People’s Hospital is legally valid, and therefore it cannot be classified as a work-related injury