Work-related injury recognition tips 20: Is an accident that occurs during an after-work meal considered a work-related injury?

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Case introduction: On December 3, 2011, Zhu Bing from Neijiang worked overtime in a project’s engineering department and missed the meal time; after the overtime ended, the project manager arranged for him to eat at a restaurant, where he consumed a considerable amount of baijiu. After the meal, while waiting for the company to arrange a shuttle vehicle, Zhu Bing went outside to use the restroom and fell from a height of nearly 3 meters next to the restaurant, sustaining head injuries and being taken to the hospital. 　　The next day, a doctor diagnosed Zhu Bing with severe head trauma, acute alcohol poisoning, injury to his left eye, and injury to his right ear. Due to the severity of the injuries, death occurred despite efforts to save them. Last March, Zhu Bing’s family filed an application for work-related injury recognition with the local human resources and social security bureau. On April 6, the bureau issued a decision regarding work-related injury recognition, concluding that Zhu Bing’s injuries did not qualify as work-related injuries. Zhu Bing’s family was not satisfied and thus filed an administrative lawsuit in court, taking that department to trial. Case analysis: The court held that the decision made by the Human Resources and Social Security Bureau to deny the recognition of the injury as a work-related injury was based on unclear facts and insufficient key evidence. The judgment revoked the department’s decision regarding work-related injury recognition and ordered that a new decision be made. 　　The judge handling the case noted that the focus of the dispute was whether Zhu Bing’s injuries resulted from activities carried out during working hours and at the workplace, i.e., whether they were caused by work-related reasons; and whether Zhu Bing’s consumption of alcohol during meals, along with the diagnosis of acute alcohol poisoning issued by the hospital, constituted a state of intoxication. 　　According to relevant regulations: Zhu Bing missed his meal time due to working overtime, and died accidentally after the project manager arranged a collective meal; it can be determined that Zhu’s death occurred as a continuation of his working hours and at his workplace, and was caused by work-related reasons. Conclusion: Meets the criteria for work-related injury recognition