Sharing on work-related injury recognition. 32: If an employee suffers an injury due to personal reasons during working hours, can it be classified as a work-related injury?

Thread Content

Case Review Zhang is an employee of a branch of an insurance company. In November 2013, while visiting a friend at another branch office, Zhang had a dispute with Feng, an employee of that branch. During the pushing and shoving, Feng injured Zhang’s left eye. The local police station stated in the interrogation record: “The dispute arose between the two parties for personal reasons.” 　　Afterward, Zhang submitted an application for work-related injury recognition to the local social insurance administration department. After conducting an investigation, the department decided, in accordance with Article 14, Paragraph 3 of the Regulations on Work-Related Injury Insurance, not to recognize Zhang’s injury as a work-related injury. Zhang disagreed and filed an administrative lawsuit with the local people’s court. After reviewing the case, the court upheld the decision made by the social insurance administration department to deny Zhang the status of an employee injured at work. Case Analysis: Article 14, Paragraph (3) of the Regulations on Work-related Injury Insurance stipulates that \"incidents such as injuries caused by violence that occur to employees while they are at work and within the workplace while performing their job duties shall be recognized as work-related injuries.\" 　　The focus of this case is determining whether an employee suffered an injury as a result of performing job duties during working hours and at the workplace. Based on evidence such as the police interrogation records of Zhang and Feng, witness testimony, and the settlement agreement for the case, it can be shown that although Zhang had a conflict with Feng during working hours and suffered injuries as a result of assault, those injuries are not directly related to his job duties; therefore, they should not be considered work-related injuries. 　　In summary, the local social insurance administration department’s decision not to recognize Zhang’s injury as a work-related injury is in compliance with legal provisions.