Do you have a sudden illness when you work on a business trip?

Text/Zhang Qianshan, Huang Yue, Haidian Court

Due to the objection to whether the sudden illness was hospitalized during business trips, Mr. Chen complained to the court to the court to ask the Haixian District Human Protection Bureau to the court, asking for the withdrawal of the people's insurance bureau to decide not to be determined by the work injury. The Haidian Court tried to reject Mr. Chen's request.

The plaintiff Mr. Chen said that he went to a business trip in accordance with the company's arrangements. Due to the emergency work, he did not take a break and put it in the late night after you arrived. At the time of working the next day, there was a dispute with the local real estate line employees due to operating specifications. Emotional was emotional. The plaintiff immediately felt a headache. He was sent to the hospital for rescue and was hospitalized in the hospital for more than forty days. Mr. Chen believes that his damage is related to high -intensity overtime work and excitement in the work. The defendant shall follow Article 14, Paragraph 1 of Chapter 3 of the Insurance Insurance Insurance Regulations: "In working hours and workplace The "regulations that are injured due to work reasons are identified as work injuries, or the provisions of Article 15 of Article 15, paragraph 1 of the sudden disease, are deemed to work injuries.

The defendant Haidian District Human Insurance Bureau argued that according to the hospital's emergency medical records and hospitalization medical records, it could be confirmed that Mr. Chen was hospitalized for 42 days due to cerebral hemorrhage, which was a sudden disease. Article 15 of the "Injury Insurance Regulations" stipulates that "those who died or die within 48 hours in working hours and work positions" are deemed to be a work injury, but they do not meet the "death or 48 hours in 48 hours. The situation of rescue is invalid ". At the same time, Article 14, paragraph 1 of the "Regulations on Work Injury Insurance", "In working hours and workplaces, due to work reasons, it is injured by accidental injuries" shall not be identified as work injury.

After hearing, the court believed that the damage in Article 14, paragraph 1 of the "Regulations on the Injury Insurance" included accident damage, violent damage and other forms of damage. Internal diseases, unexpected diseases do not belong to the situation of injuries referred to in the above provisions. Therefore, Mr. Chen does not comply with the case of identifying work injury stipulated in Article 14 of the "Regulations on the Insurance Insurance". Regarding whether the employee's sudden illness should determine the work injury, the "Regulations on Work Injury Insurance" also stipulates that Article 15 (1) (1) of the regulations stipulates that employees died in working hours and job positions, dying or dysentery of the disease or dysentery or dysentery or dysentery of the disease or the death of the disease or the death of the disease or the death of the disease or the death of the disease or the death of the disease or the death of the disease. If the rescue dies within 48 hours, it is deemed to be a working injury. Mr. Chen's sudden illness is still in rehabilitation treatment, and he does not meet the above conditions of the above -mentioned work injury. The PICC of the Haidian District made a decision on Mr. Chen's failure to determine the work injury. It determined that the facts were clear, the applicable laws and regulations were correct, and the judgment rejected the plaintiff Mr. Chen's litigation request.

After the verdict, Mr. Chen filed an appeal, and the second instance maintained the judgment. The judgment has come into effect.

Judge said:

Regarding whether the employee's sudden illness should determine the work injury, the "Regulations on the Injury Insurance" clearly stipulate Those who were rescued within 48 hours were deemed to be invalidated. This provision aims to delineate the two situations of the same injury when "sudden diseases", that is, when and only two results of death or within 48 hours of rescue death can be applied.

Seeing work injuries, as the name suggests, part of the part of the "Regulations on Work Injury Insurance" also enjoy the treatment of work injury. The purpose of setting up this situation is to protect the legitimate rights and interests of workers under the legal framework and get the relief of work injury. The situation of the statutory injury as stipulated in Article 14 of the Injury Insurance Regulations as the Regulations on the Insurance Insurance Insurance has already expanded the explanation and expands the scope of the identification and relief scope of work injury. However, this expansion explanation should not be amplified infinitely, and the limited national work injury insurance funds should be accurately distributed to the hands of more urgent needed employees and families in order to effectively achieve the "Regulations on Work Injury Insurance" to ensure that employees obtain medical treatment and economic compensation for medical treatment and economic compensation. And the legislative purpose of decentralized employment injury risk.

(The characters in the text are all about the name)

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