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Work-related injury recognition 21: Can an injury sustained from a hot water bottle at work be recognized as a work-related injury?

2016-10-21View Original

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Case Review: Song was an employee of Company A. One day at work, feeling cold, he used a hot water bag to keep warm and was injured by it. So, does Song’s injury qualify as a work-related injury? Case Analysis: We can first assume another scenario: if Song uses a hot water bag to injure other employees while at work, would those injuries be considered work-related injuries? The answer should be yes. On the one hand, other employees suffered accidental injuries while at work ; On the other hand, there is a causal relationship between the injuries suffered by the other employees and their work; therefore, it should be considered that they were injured as a result of their work, and thus it should be regarded as an occupational injury.   Song’s case is very different from the above situation, as he injured himself by using a hot water bag. Firstly, although Song used a hot water bag due to certain objective factors, it was not necessary nor required for work, and had nothing to do with work ; Secondly, Song’s use of a hot water bag does not constitute work; he was not performing his job duties when he did this, but rather it was a personal action ; It is thus evident that the injuries suffered by Song were neither caused by performing job duties nor due to work-related reasons. It can be concluded that this situation should not be considered a work-related injury. Conclusion: It cannot be recognized as a work-related injury
Reply #22016-10-24
Then let me ask, sitting in the chair provided by the company – the kind with adjustable height, which seems to be lifted using gas pressure. Then it shook there, and the height adjuster of the chair broke – is this considered an occupational injury?

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