Does the man work overtime with WeChat to die as an work injury?The court sentence

Recently, the old work injury in Guangzhou has once again attracted public opinion.

It is understood that Shi Mou was an employee of a trading company in Guangzhou during his lifetime. At about 19.40 on a working day in 2020, Shi Mou suddenly fell to the ground at home and announced death after 120 arrived.

Shi Mou's WeChat chat record shows:

After getting home from get off work on the day of the incident, he negotiated with colleagues and customers through WeChat. The last chat time with colleagues "Daewoo" was 19:22;

At 19:55 that night, other colleagues in the WeChat group where Shi Mou were still continued to reply to the work content.

Shi Mou's wife Tianmou submitted an application for work injury to the local social security bureau. The Social Security Bureau made a complaint "Decision on the Decision of Work Injury" and decided not to be identified or regarded as a working injury to Shi Mou's death. Tian Mou was dissatisfied and complained to the court.

The first instance of the Guangzhou Railway Transport Court held that Shi Mou did not belong to working hours or work at home when he had a sudden disease at home, and rejected Tian's claim. Tian Mou was dissatisfied and appealed.

The second instance of the Guangzhou Railway Transport Intermediate Court held that Shimou's WeChat chat records showed that they often replied to work information with WeChat after work. In addition, combined with the statement of colleagues Tian, ​​it was produced with Shimou's factories at night. When problems encountered during the production process, they would be linked to each other. This is the case for many years. It can be seen that Shimou continued to deal with online processing after returning home.

Specific to this case, the last time Shi Mou's work on the night of the incident was 19:22, instead of 19:40 on the ground time, the existence time was poor, but considering the onset of sudden diseases to death, there was a continuous process. And after 19:22, Shi Mou did not use WeChat to send any information, so it can be determined that Shi Mou was in line with the death of the dying of the disease during working hours and working posts.

If the employee continues to occupy the work matters on the personal timeline after work, it belongs to the extension of the "working hours and work positions" stipulated in the "Work Injury Insurance Regulations". During the period of dying of diseases, it should be regarded as a working injury.

Based on this, the judgment was revoked, and the "Decisive Decision of the Work Injury" made by the Social Security Bureau was ordered to be re -processed to Tianmou's work injury identification application within 60 days from the date of effectiveness of the judgment.

Source: Surging News, Guangzhou Daily

Responsible editor: Yang Yucheng

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