Work-related injury determination 33: If an employee falls and gets injured while dining at a restaurant outside the factory after work, can it be considered a work-related injury?
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Case Review Di is an employee of a certain company. On May 31, 2015, Di slipped while dining at a restaurant outside the factory after work at noon; the hospital diagnosed him with a fracture of the left femoral neck. Afterward, Di submitted an application for work-related injury recognition to the local social insurance administration department. After conducting an investigation and verification, the local social insurance administration authority, in accordance with Article 14, Item (2) of the Regulations on Work-related Injury Insurance, decided not to recognize Di’s injury as a work-related injury. Di disagreed with this decision and filed an administrative lawsuit with the local people’s court, arguing that eating meals was a prerequisite for continuing to carry out his work normally. After reviewing the case at both the first and second instances, the court upheld the decision made by the social insurance administration department to deny Di the status of an employee injured at work. Case Analysis: Article 14, Paragraph (2) of the Regulations on Work-related Injury Insurance stipulates that \"in cases where an employee suffers an accident injury while carrying out preparatory or concluding work related to their job inside the workplace before or after working hours, such injury shall be recognized as a work-related injury.\" “\"Preparatory or concluding work related to work\" refers to activities such as transportation, cleaning, material preparation, safety measures, storage, and tool organization that employees carry out before or after working hours in connection with the work process, with an emphasis on being carried out within the workplace. In this case, Di fell and got injured while dining at a restaurant outside the factory after work; this does not fall under the situation of suffering an accident while carrying out preparatory or concluding work related to work inside the workplace before or after working hours. In summary, the local social insurance administration department’s decision not to recognize Di as having suffered a work-related injury is in compliance with legal provisions.
Good analysis; keep learning*. Collect.
If an accident occurs on the way to or from work due to reasons not attributable to the individual, it is still considered a work-related injury. The most common scenario is an accident while using public transportation; if one is driving their own car, things get more complicated
In any case, if one is not the main person responsible, they should still be held accountable for the work-related injury
Then you’re wrong; being robbed isn’t considered an occupational injury. It’s very strict to classify something as an occupational injury when it happens on the way to or from work. If it doesn’t meet the conditions I mentioned above, it’s almost impossible to have it recognized as an occupational injury
By whatever method I’m referring to, I mean those that occur in traffic accidents; the responsibility is determined by the traffic police, who then make a decision based on whether it happened on a reasonable route at a reasonable time
The decision not to recognize Di as having suffered a work-related injury is in compliance with legal provisions