Work-related injury insights 34: Can a death resulting from a fall from a height at the workplace be classified as a work-related death?

Thread Content

Case details: Huang is a security guard at a hotel. At noon on April 21, 2015, after eating in the company’s cafeteria on the 22nd floor, Huang returned to the first floor of the company to carry out his duties. That day, due to sudden strong winds and heavy rain, Huang and another security guard began to inspect the company’s building equipment separately. Since someone needed to be on duty on the first floor, another security guard returned to his post, while Huang began to check the windows and other facilities on the upper floors. At around 2 p.m., Huang was found dead after falling from a building. 　　After the incident, Huang’s family filed an application for work-related injury recognition with the social insurance administration department. The company believes that Huang’s death does not qualify as a work-related death, on the grounds that he was not assigned by his supervisors to conduct inspections on the 24th floor at the time of his death; therefore, his death was not caused by work-related reasons, and it is more likely that it was a suicide. This situation does not meet the requirements set out in the Regulations on Work-Related Injury Insurance for such deaths to be recognized (treated as) work-related injuries. However, the company was unable to provide evidence regarding the actual cause of Huang’s death. Analysis: This case involves the death of a worker that occurred during working hours and at the workplace. Since Huang has passed away, it is difficult to determine whether his death was related to work. 　　In such cases, it is necessary first to conduct an on-site investigation by the public security authorities to determine whether there are signs of suicide or homicide ； Secondly, in accordance with Article 19 of the Regulations on Work-related Injury Insurance, which states that \"when an employee or his/her close relatives consider it to be a work-related injury while the employer does not, the employer bears the burden of proof\", the materials provided by the employer are analyzed to arrive at a final conclusion. According to this, as a company security guard, it is one of Huang’s job responsibilities to conduct inspections to ensure the safety of the company and to protect its equipment and facilities. Given the weather conditions at that time, it was not unusual for Huang to carry out his inspection duties ； The criminal investigation team of the public security bureau in Huang’s area stated in the \"Investigation Report on Huang’s Death\" that Huang died as a result of an accident while at work, falling from the window ledge on the 24th floor of a hotel; foul play was ruled out, and it was determined to be a death caused by an accidental fall from a great height. This situation falls under the provisions of Article 14, Item (1) of the Regulations on Work-related Injury Insurance, which states that \"if an employee suffers an injury at work due to work-related reasons while at work and in the workplace, it shall be recognized as a work-related injury.\" 　　After investigating the nature of Huang’s work as well as the relevant supervisors, the social insurance administration department concluded that the company had failed to provide sufficient evidence and had not offered any objective proof related to Huang’s suicide. Therefore, it was determined that Huang’s death was caused by an accidental fall that occurred during working hours, at the workplace, and due to work-related reasons. In accordance with Article 14, Item (1) of the Regulations on Work-related Injury Insurance, Huang should be recognized as having died from a work-related injury. The employer was not satisfied and filed a lawsuit in court. The court ruled in favor of the decision made by the social insurance administration regarding the work-related injury, on the grounds that the employer failed to provide evidence showing that Huang’s fall from a height was due to suicide or reasons unrelated to work.