Work-related injury recognition 26: If the water provided by the employer does not meet drinking water standards, can an employee who gets injured in a car accident while going to fetch water be considered to have suffered a work-related injury?

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Case introduction: Mr. Wu, in his 60s, from Ninghai. In 2007, Mr. Wu was hired by a petrochemical company in Ninghai to work as the manager of a gas station in Jinhua; the company provided him with accommodation and meals. The potable water used at the gas station has always come from a deep well on site; water from this well is used for washing, cooking, and other purposes. After some time, Mr. Wu began to feel discomfort in his stomach, leading him to suspect that there might be an issue with the drinking water. In October 2008, Mr. Wu sent the well water to the Disease Control and Prevention Center for testing. The results showed that the manganese and fluoride levels in the well water were above the limits, failing to meet the sanitary standards for drinking water. Since the deep well water could no longer be drunk, the workers from other places who lived at the gas station went to the nearby mountains to fetch water, while the local workers brought drinking water from their homes. As fetching water from the mountains required a long journey, in October 2011, Mr. Wu approached a shop located about 400 meters away from the gas station and reached a verbal agreement to have a faucet installed in that shop specifically for drawing water for the gas station. On March 7, 2012, after having lunch, Mr. Wu found that there was not enough drinking water in the canteen, so he rode his electric bike to a store to get water. Unfortunately, he collided with a truck on the way, resulting in multiple injuries to Mr. Wu. After the incident, the company provided 50,000 yuan for Mr. Wu’s treatment. The accident was classified as a work-related injury; the employer disagreed and filed a lawsuit against the Human Resources and Social Security Bureau. Later, Mr. Wu applied to the Ninghai County Human Resources and Social Security Bureau for recognition of the injury as work-related, and the bureau confirmed it to be such. According to the regulations, the employer was required to pay over 80,000 yuan in compensation, but since Mr. Wu was not covered by any work-related injury insurance, the employer had to bear the full amount. In February 2014, the petrochemical company where Mr. Wu worked filed a lawsuit against the Ninghai County Human Resources and Social Security Bureau, seeking to have the bureau’s determination that Mr. Wu had suffered a work-related injury revoked. Mr. Wu participated in the lawsuit as a third party. The Human Resources and Social Security Bureau believes that, in accordance with Article 14, Paragraph 1 of the Regulations on Work-related Injury Insurance, injuries sustained due to work reasons during working hours and in the workplace should be recognized as work-related injuries. The gas station does not have potable tap water, so Mr. Wu went outside to fetch the drinking water necessary for daily life at the station. An accident occurred on his way there; this should be considered an injury sustained as a result of work, and it should be recognized as a work-related injury. Regarding this legal provision, the petrochemical company understands that Mr. Wu going out to fetch water after meals does not count as being within working hours. At the same time, Mr. Wu was fetching water for himself, which was not for work purposes; therefore, this accident should not be classified as a work-related injury. Regarding the payment of work-related injury insurance, the petrochemical company emphasized that initially the company intended to cover Mr. Wu’s costs for this insurance, but Mr. Wu said that his previous employer had already paid for it, so there was no need to do so again; instead, the money was directly added to his salary account, and that’s why no payment was made. After the trial, the presiding judge attempted mediation, and ultimately, the petrochemical company agreed to compensate Mr. Wu with 65,000 yuan and withdrew its lawsuit. ●The judge stated that workers have the right to protection in terms of labor safety and hygiene, and any employer or individual must provide workers with the necessary working conditions to ensure their basic rights are upheld. In this case, Mr. Wu lived and ate at the gas station, which did not provide drinking water that met hygiene standards. In order to meet his daily needs, he went to shops to fetch water, which was part of his job duties. He was injured as a result of being struck by a motor vehicle while fetching water, and this should be considered an occupational injury. Conclusion: Meets the criteria for injury recognition