The office slide was injured, injured due to work?Risk of risk!

Compared with traditional companies, Internet companies have a more relaxed working environment. Employees can dress, arrange stations, and even bring pets to work according to their preferences. In this relaxed atmosphere, the rules have been broken to a certain extent, and the facts of facts in some situations become more vague, and it is easy to cause controversy. The Haidian Court recently tried a case that caused work injury identification due to the injury of the company's slide plate.

In the case, the employee claimed that it was a smooth plate in the office as a printing material. The injury and work had a causal relationship, and it should be identified as a work injury. The Human Resources and Social Security Bureau of Haidian District believes that the injury of employees is not due to work reasons and does not meet the situation of work injury. Employees then sue to the court. After hearing, the Haidian Court determined that the behavior of the smooth board during the work of the employee was significantly exceeded the scope of its work. It was not a need for work or a reasonable scope of work.

The plaintiff Chen claimed that because the company's area was relatively large, and there was a certain distance between the printing room and the station, it went to the printing room to take materials and accidentally fell outdoors. Itself and other colleagues often have a sliding car, riding a bicycle to pick up materials and other work, and the company has never raised objections. I was harmed based on work reasons. Therefore, there is a causal relationship with the work and work, and it should be identified as a working injury.

The defendant Haidian District Human Resources and Social Security Bureau argued that the damage that the employee occurred was the adjustment of the regulations of work injury insurance. It was necessary to have the work injury identification elements: work time, workplace, and working reasons. The necessary conditions. The damage that Chen suffered during the work of the unit did not have any causal relationship with his job, and did not comply with the case of the "Insurance Insurance Regulations" that determined the work injury and did not identify work injuries.

The third company stated that he agreed to the defendant's defense opinion. The behavior of the plaintiff slippage is not within the scope of work. The company did not encourage employees to slip on the unit. The company's office area is not large, and there is no need to slip a smooth board.

After hearing, the court believed that Chen held an operating commissioner in the company and was responsible for platform order monitoring, mobile phone recharge, and resolving customer complaints. The behavior of the smooth board during the work of the unit obviously exceeded its working scope. Therefore, the damage suffered by Chen Mou's smooth board is not due to work reasons, and does not meet the situation of identifying work injuries stipulated in Article 14 of the "Regulations on Work Injury Insurance". As an adult, Chen should know the danger of slipping skateboarding. Its risk of self -trap is not needed for work, nor does it belong to a reasonable scope of work. The court finally made the above judgment.

After the verdict, the parties did not appeal, and the judgment has come into effect.

Judge's interpretation:

In accordance with Article 14 of the "Regulations on Work Injury Insurance", if employees are injured in working hours and workplace, they shall be identified as work injuries due to work reasons. Therefore, it is determined that work injury needs to meet three basic conditions, namely working hours, workplace and working reasons. In this case, Chen was easily judged to meet the two conditions of working hours and workplace during the company's skating board injury at the company's slippage. Regarding whether the skateboard injury is the cause of the case caused by the cause of the work is the focus of the case.

Considering whether the injury caused by the cause of the job should be based on whether the behavior of the employee is the starting point for the work. If the behavior of employees is not required or has no close connection with the needs of the work, it should not be identified as the cause of the work.

In this case, Chen advocated that he was injured and injured on the way to the slide board to the printer. However, it is obvious that the behavior of taking printing materials in the office is not a job. At the same time, as an adult, Chen should be foreseeable and prepared to deal with the potential dangers of the slide board. In this case, it still chooses a slide plate to take the material. It is a self -trap risk.

Judgment of work needs and reasonable categories must be combined with social common sense and common sense of life. Specifically, the work environment, work content and work nature of the employee should be considered. For example, the theme restaurant of the roller skating movement requires the waiter to wear wheel skates to serve customers. In this case, the waiter's injury in a rotary slide shoe should be identified as a cause of damage caused by work reasons, and then the work injury is determined.

Although the "Work Injury Insurance Regulations" has social law attributes and tend to protect the legitimate rights and interests of employees, it does not mean that this protection has no boundaries. Article 1 of the "Injury Insurance Regulations" stipulates that in order to ensure that employees who have suffered accidents or occupational diseases have obtained medical treatment and economic compensation, promoting work injury prevention and occupational rehabilitation, scattered the risk of work injury of employers, and formulating these regulations.

It can be seen that one of the legislative purposes of the "Injury Insurance Regulations" is to protect the legitimate rights and interests of employees, but at the same time, it also needs to take into account the risk of labor injuries of decentralized employers. In the case of work injury identification, the rights and interests of employees, employers and work injury insurance funds are involved. How to protect the legitimate rights and interests of employees in the referee of the case, do not increase the burden on the employer, and use the work injury insurance fund reasonably, after a detailed analysis of the facts of the case, the legal provisions are properly applied to the common sense of life.

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