Work-related injury recognition tip 24: Can an accident suffered on the way to work due to drunkenness be considered a work-related injury?
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Case Review Tan is an employee of a property management company. At around 20:00 on August 5, 2014, Tan was hit by a motor vehicle driven by Zhao while crossing the road on his way to work for a night shift; he died despite attempts to save him. Tests showed that Tan’s blood ethanol level was as high as 370mg/100ml, indicating a state of severe intoxication. The local public security traffic police department determined in the \"Road Traffic Accident Determination Report\" that Tan lost the ability to recognize and control himself due to drunkenness, while Zhao failed to pay attention to the road conditions because of driving too fast; therefore, it was concluded that both parties were equally responsible for this traffic accident. Afterward, Tan’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 16, Paragraph 2 of the Work-Related Injury Insurance Regulations, not to recognize Tan’s injury as a work-related injury. Dissatisfied with this decision, Tan’s relatives filed an administrative lawsuit with the local people’s court, arguing that Tan suffered injuries in a traffic accident on his way to work, for which he bore no primary responsibility. After deliberation, the court upheld the decision made by the social insurance administrative authority not to recognize Tan’s case as a work-related injury. Case Analysis: In this case, Tan was involved in a traffic accident on his way to work, for which he was not primarily at fault. Although this situation meets the requirements of Article 14, Item (6) of the Regulations on Work-related Injury Insurance, Article 16 of the same regulations states that even if an employee meets the conditions specified in Articles 14 and 15, he/she shall not be recognized as having suffered a work-related injury or such injury shall not be treated as one if any of the following circumstances apply: (1) Committing an intentional crime ； (II) Under the influence of alcohol or drugs ； (III) Those who self-harm or commit suicide. However, he was intoxicated at the time of sustaining injuries in a traffic accident; therefore, it should not be recognized as a work-related injury. In summary, the local social insurance administration department’s decision not to recognize Tan’s injury as a work-related injury is in compliance with legal provisions. Conclusion: It cannot be recognized as a work-related injury
I remember that injuries or deaths caused by drunkenness or drug use cannot be considered work-related injuries. Based on this case, I would like to ask: if an injury or death occurs at work as a result of being drunk or under the influence of drugs, can it still be classified as a work-related injury?
I’ve learned it: no drinking at work, and no working if I drink; P
The case analysis is well-structured, based on solid evidence, and leads to clear conclusions.
Chapter 3 Recognition of Work-Related Injuries Regulations on Work-Related Injury Insurance, Chapter 3: Article 14 An employee shall be recognized as having a work-related injury under any of the following circumstances: (1) Suffering an accident injury due to work reasons during working hours and in the workplace； (II) Suffering an accident injury while carrying out preparatory or concluding work related to the job inside the workplace before or after working hours ； (3) Suffering from accidental injuries such as violence while performing job duties during working hours and at the workplace ； (IV) Those suffering from occupational diseases ； (5) Injured due to work reasons or missing in an accident while on a business trip ； (6) Suffering injuries in a traffic accident or an accident involving urban rail transit, passenger ferries, or trains on the way to or from work, where the individual is not primarily at fault ； (7) Other circumstances stipulated by laws and administrative regulations to be recognized as work-related injuries. Article 15: In any of the following circumstances, an employee shall be regarded as having suffered a work-related injury: (1) Sudden illness leads to death during working hours and at the workplace, or death occurs within 48 hours despite efforts to save the employee ； (II) Those who were injured in activities to safeguard **interests and public interests, such as emergency rescue and disaster relief ； (III) Employees who were previously in the military, became disabled as a result of injuries sustained in combat or on duty, and have obtained a certificate for revolutionary disabled soldiers; such employees experience a recurrence of their old injuries after joining an employer. If an employee falls under the circumstances specified in items (1) and (2) of the preceding paragraph, they shall be entitled to work-related injury insurance benefits in accordance with the relevant provisions of these regulations ； If an employee falls under the circumstances specified in item (3) of the preceding paragraph, they shall be entitled to work-related injury insurance benefits other than the one-time disability allowance, in accordance with the relevant provisions of these regulations. Article 16: Where an employee meets the requirements of Articles 14 and 15 of these Regulations, but falls under one of the following circumstances, such injury shall not be recognized as a work-related injury or treated as one: (1) Committing an intentional crime ； (II) Under the influence of alcohol or drugs ； (III) Those who self-harm or commit suicide. It can be seen that whether an injury sustained while going to work under the influence of alcohol can be classified as a work-related injury depends on whether the worker was in a drunken state ； It is presumed that a specialized agency is needed to issue a test status report ； (I’m not sure if it follows the standards for drunk driving: a blood alcohol concentration of 80mg/100ml or higher indicates a state of intoxication.) ； If a person is in a state of intoxication and this cannot be regarded as a work-related injury, then even if the person consumed alcohol before starting work but did not reach a state of intoxication, it should still be considered a work-related injury.