Work-related injury recognition tips (8): Is getting injured while doing someone else’s work considered a work-related injury?

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Case introduction: Ms. Qiu’s husband is a cleaner. Half a year ago, when her husband suddenly fell ill and was unable to go to work, Ms. Qiu had to go to her husband’s company to request sick leave for him. 　　At that time, her husband’s colleague told Ms. Qiu that he had already taken time off for personal reasons that month and had exceeded the allowed number of days off; if he continued to take sick leave, he would be fined double his salary according to the company’s rules. After much consideration, Ms. Qiu decided to take her husband’s place temporarily, but she told her husband’s colleagues not to mention this to the company under any circumstances. Unexpectedly, while working in place of her husband, Ms. Qiu accidentally fell while cleaning the office and suffered a disability grade six. Afterward, Ms. Qiu believed that she had suffered the injury while working for her husband’s company, and therefore should be entitled to workers’ compensation. However, the company stated that Ms. Qiu, who took her husband’s place at work without permission, was merely a family member of an employee and not an actual employee of the company, so her situation could not be considered a work-related injury. If someone takes on another person’s job without permission and gets injured, is it considered an occupational injury? Case Analysis: Work-related injuries refer to damages or occupational diseases suffered by employees during working hours, at the workplace, as a result of their work. According to the law, all types of enterprises and self-employed individuals who employ workers in China are required to participate in work-related injury insurance and pay insurance premiums on behalf of all their employees or workers. This means that a prerequisite for an occupational injury is that the injured employee must have an employment relationship with the employer. 　　It is worth noting that labor relations have a personal nature under the law and cannot be replaced. Therefore, Ms. Qiu substituting for her husband at work without permission only shows that she provided labor for the company in question, but this does not allow her to take her husband’s place as an employee of that company. Therefore, Ms. Qiu in this case is not entitled to work-related injury benefits under the law. However, according to legal provisions, where neither party is at fault for the damage caused, they may share civil liability based on the actual circumstances. Therefore, Ms. Qiu can request the company to provide her with appropriate compensation in accordance with the principle of fairness. Conclusion: It cannot be recognized as a work-related injury