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Sharing on work-related injury recognition 19: If an employee suffers another injury while hospitalized due to a work-related injury, can it be considered a work-related injury?

2016-10-19View Original

Thread Content

Case Review: Hu is an employee of a company. On May 31, 2014, Hu suffered a head injury while at work, and it was later recognized as an occupational injury in accordance with the law. On December 14, 2014, Hu accidentally fell while under hospital treatment, resulting in a ruptured spleen.   Later, Hu submitted another application for work-related injury recognition to the local social insurance administration, claiming that he had suffered an injury while being hospitalized for a work-related injury. After conducting an investigation and verification, the local social insurance administration authority, in accordance with Article 14 of the Regulations on Work-related Injury Insurance, decided not to recognize Hu’s injury as a work-related injury. Hu disagreed and filed an administrative reconsideration request with the local people’s court, which, in accordance with the law, upheld the decision made by the social insurance administration department to deny Hu the status of an employee injured at work. Case Analysis: Article 14 of the Regulations on Work-related Injury Insurance stipulates that \"employees who suffer accidents and injuries due to work reasons while at work and within the workplace\" ; Or, in the case of being away on business, suffering an injury due to work-related reasons or going missing as a result of an accident, it shall be recognized as a work-related injury.   In this case, although Hu was hospitalized due to a work-related injury, the period of his hospitalization was neither during working hours nor at the workplace; he also did not engage in any work-related activities, and the accidental fall was not caused by work-related reasons. Therefore, it does not meet the conditions stipulated in Article 14 of the Regulations on Work-Related Injury Insurance.  Conclusion In summary, the local social insurance administration department’s decision not to recognize Hu as having suffered a work-related injury is in accordance with legal provisions.
Reply #22016-10-20
This definitely won’t work; it has nothing to do with work at all.

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