Men's home WeChat worked overtime Disease Destruction, whether to count on work injury, discussion. For work injury, you need to know

Diseases caused by sudden illness when we WeChat worked overtime. Is it a work injury? A few days ago, Shimou, an employee of a company in Guangzhou, caused heated discussions on the Internet. What kind of situation can be identified as a work injury? What kind of treatment can be obtained after determining work injury? On August 9, a reporter from Shanxi Evening News conducted an interview.

Determine the process of work injury and twists and turns

Shi Mou was an employee of a trading company in Guangzhou. At about 19.40 on a working day in 2020, Shi Mou fell to the ground a sudden illness at home, and 120 emergency personnel announced their death after arriving. Shi Mou's WeChat chat record shows that after getting home from get off work on the day of the incident, he negotiated with colleagues and customers through WeChat. The final chat time with colleagues was 19:22; Inside, other colleagues continue to reply to 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 and did not belong to a job at home, and then 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. Combined with the statement of colleagues in Shi Mou, it is produced with the factory where Shi Mou is located at night, and problems will be linked to each other during the production process. This is the case for many years. It can be seen that Shimou continued to deal with online processing after returning home. On the night of the incident, Shimou's last time the WeChat time was 19:22, instead of the time difference between 19:40 on the ground, but considering that there was a continuous process from sudden diseases to death, and at 19:22 Some information has not been used to use WeChat, so it can be determined that Shi Mou meets the death of dying of dying in working hours and working posts. Based on this, the judgment was revoked, and the "Decisive Decision of Work Injury" made by the Social Security Bureau ordered the Social Security Bureau to reorganize Tianmou's work injury identification application within 60 days from the date of effectiveness of the judgment.

These situations can be identified as work injury

What situation can be identified as a work injury? Article 14 of the "Regulations on Work Injury Insurance" stipulates that if employees have one of the following circumstances, they should be identified as work injury: in working hours and workplace, if they are injured by accidents; The preparations or ending of work are harmed by accident; in working hours and workplace, accidents such as violence due to their work duties are injured; If the whereabouts are unknown; on the way to and from get off work, the traffic accident or urban rail transit, passenger ferry, and train accidents that are subject to non -person's main responsibility; laws and administrative regulations should be identified as other circumstances of work injury.

If an employee has one of the following situations, it is deemed to be a working injury: in working hours and jobs, dying of sudden diseases or dying within 48 hours; if rescue and disaster relief, such as rescue and disaster relief and public interest activities; Employees were originally served in the army. They had obtained a revolutionary disabled military card due to war and public injuries due to war and public injuries. Old injuries recurred after the employer.

Shanxi Evening News reporter's consultant society service platform 12333 learned that work injury insurance is a national and society who provides medical treatment, living security, economic compensation, medical and occupations for workers and relatives in production work in production work. A social security system for help such as rehabilitation. Insured employees are occupational diseases due to work injury, death or appraisal. The employer, the employee or their relatives shall submit an application for work injury to the social security department where the employer is located within the prescribed time, and enjoy the work injury insurance treatment according to law.

Work injury insurance contains a variety of benefits

According to regulations, after employees participated in work injury insurance, the medical expenses and rehabilitation costs of work injury caused by work injury; residential food subsidies; transportation and accommodation costs for medical treatment outside the coordinated area; Life nursing fees confirmed by the Labor Capability Appraisal Committee; disposable disability subsidy and the disability allowances received by the first to fourth -level disability employees; Pay in insurance funds. Salary benefits during the treatment of work injury; disability allowances received by the No. 5 and 6 -level disability employees on a monthly basis; the one -time disability employment subsidy that employees should enjoy when terminating or lifting labor contracts, etc.

For employees, their close relatives can receive funeral subsidies, support relative pensions and disposable labor subsidies from the work injury insurance fund according to regulations. Among them, the funeral subsidy is a monthly average salary of 6 months in a coordinated area; the support of relatives' pensions are mainly issued to relatives without labor, and the monthly salary of employees is 30%to 40%; The per capita disposable income of urban residents nationwide in the previous year was 20 times the per capita disposable income.

Back to the above cases, the court pointed out that for the interests of the unit, if the employee continues to occupy the personal timeline processing get off work after work, it belongs to the extension of the "working hours and work positions" stipulated in the "Work Injury Insurance Regulations". Yes, it should be regarded as a working injury.

Netizens generally believe that with the increasingly developed and diversified nature of the Internet, the limitation of many work and time in many jobs is increasing, especially during the epidemic period, home online office has become the norm.Many people continue to deal with online after work.The identification of "working hours" and "work positions" in the second trial of the court obviously conforms to the realistic work scenarios, and it is in line with ordinary people's simple perception of the current overtime situation.According to industry analysts, the court's identification of work injury in the second instance of the case is equivalent to clearly defining the boundaries of the law.If you encounter similar tragedies in the future, the social security department or court can refer to the case, and the family may also have more legal awareness to preserve relevant work evidence, such as WeChat chat screenshots, telephone call records, etc.Through the efforts of all parties, the relatively blurred field of work injury identification will gradually be clearly clarified.

Shanxi Evening News reporter Wu Jia intern Li Jiarong

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