Work-related injury recognition tips (11): Is an injury sustained while doing personal work at work considered a work-related injury?
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Case introduction: Sun Zhi is a worker in the machinery repair workshop of an agricultural machinery factory. At around 10 a.m. on May 20, 2003, taking advantage of the absence of the workshop supervisor, he made a kitchen knife for personal use in the workshop. While grinding it with a grinder, the grinder shattered and injured his right eye, resulting in blindness in that eye. Afterward, Sun Zhi claimed that the injuries were caused by factors on the part of the company, such as delayed maintenance of the grinding machines and inadequate safety devices, and requested that the company treat it as an occupational injury so that he could receive corresponding benefits. The factory believes that Sun Zhi violated the company’s management regulations by doing personal work during working hours and suffered an injury, so it does not constitute a work-related injury. Case analysis: First, from the perspective of the scope of work-related injury recognition, a work-related injury refers to injuries, deaths, or occupational diseases resulting from an employee carrying out their regular duties or tasks temporarily assigned by the employer. In this case, Sun Zhi used the company’s equipment and materials to make personal kitchen knives for his own use; this activity was not part of the company’s production processes and had no connection to the company’s interests, so it does not fall under the category of work-related injuries. Secondly, in terms of the cause of the injury, Sun Zhi was doing personal tasks during working hours, which is itself a violation of the company’s management regulations. Sun Zhi is responsible for any injuries he suffers from engaging in personal matters, and the company should not bear that responsibility. At the same time, his behavior should be regarded as a violation of labor discipline and damage to production equipment, and cannot serve as a reason for claiming work-related injury benefits. Conclusion: In this case, Sun Zhi’s injury cannot be classified as a work-related injury and should be treated as an injury not resulting from work
I’ve studied it; since I was injured while at work, it should be considered an occupational injury.
It should definitely be considered a work-related injury, after all, the problem occurred at the workplace and there were no violations of regulations!
The grinder does have a problem; it can’t be considered damaged equipment. There is a tendency not to recognize it as a work-related injury.
Should the manufacturer compensate for the costs incurred as a result of damage caused by the grinding wheel?
Strictly speaking, it cannot be considered an work-related injury; instead, the individual will have to be punished in accordance with the company’s rules regarding performing personal tasks at work. Of course, the company might decide to exempt them from such punishment
Judging from the title, it shouldn’t be considered a work-related injury.
Isn’t this considered an occupational injury either? I really learned something here. . . :o