Case Sharing on Work-Related Injuries 16: Injured in a dispute with a security guard due to violation of company rules – can it be classified as a work-related injury?

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This post was last edited by 68589544 on 2016-10-17 at 11:33. Case review: Wang is an employee of a certain organization. At around 1 p.m. on October 10, 2014, Wang drove his own motor vehicle in an attempt to enter the factory complex through the south gate in order to go to work. The security guard at that facility refused to let Wang in, in accordance with the company’s policy prohibiting employees from entering using motor vehicles via the south gate. Later, during an argument and fight between the two parties, Wang was stabbed by the doorman with a knife. 　　Afterward, Wang’s family filed an application for work-related injury recognition with the local social insurance administration. After conducting an investigation, the local social insurance administration decided, in accordance with Article 14, Paragraph (3) of the Work-Related Injury Insurance Regulations, not to recognize Wang’s injury as a work-related injury. Wang’s family was not satisfied; arguing that the injuries Wang suffered occurred during working hours and in the workplace as a result of work-related activities, they filed an administrative lawsuit in court. After reviewing the case, the court upheld the decision made by the social insurance administration department to deny recognition of Wang’s injuries as work-related injuries. Case Analysis: Article 14, Paragraph (3) of the Regulations on Work-related Injury Insurance stipulates that situations in which an employee suffers accidental injuries such as assaults while performing job duties during working hours and at the workplace should be recognized as work-related injuries. 　　In this case, although Wang was injured as a result of assault while at work and in the workplace, the cause of the injury had nothing to do with the performance of his job duties. During the evidence presentation process, Wang’s employer provided relevant documents prohibiting employees’ motor vehicles from entering through the south gate. 　　In summary, the local social insurance administration department’s decision not to recognize Wang’s injury as a work-related injury is in accordance with legal provisions. Conclusion: Wang’s injuries caused by assault cannot be considered work-related injuries ； On the contrary, if the security guard is injured by Wang, the injury can be considered a work-related injury ；