Is it a work injury to buy water for workers when I go out to work?
Author:Human Resources and Social Sec Time:2022.06.16
case
Zhang was engaged in the work site of a municipal company and conducted the work of the car detention site. One afternoon, a leader of the company Yang gave Zhang 20 yuan and asked him to ride a motorcycle to buy drinking water for workers. After buying the water, he fell and injured on the way back to the construction site.
Afterwards, the local social insurance administrative department was investigated and obtained by investigation and found that Zhang was injured as a work injury. The municipal company believes that the work injury identification of the social insurance administrative department is wrong, and then a lawsuit with the court requires the revocation of Zhang's work injury.
Then, under this
Should Zhang be identified as a work injury?
analyze
The municipal company believes that Zhang's job responsibilities are to keep the construction site and direct vehicles. The behavior of going out to buy water at work has nothing to do with his job, and he is not injured in the workplace, so he should not be identified as a work injury.
The social insurance administrative department believes that Zhang has been appointed by the leaders of the unit to buy drinking water for the construction site workers. Although it is not their own job, it still belongs to the behavior of the company's normal operation. The injury should be deemed to be due to work reasons. Therefore, Zhang should be identified as a work injury due to working reasons due to work reasons.
in accordance with
Article 14 (5) of Article 14 (5) of the "Regulations on Injury Insurance" stipulates that if employees are injured or unknown due to work reasons due to work reasons, they shall be identified as work injury.
In summary, the fact that the work injury made by the local social insurance administrative department was clear and the applicable law was correct. The court rejected the lawsuit of municipal companies.
Editor in this issue: Zhang Zixuan
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