After getting home from get off work, he had a sudden illness, and was still identified as a work injury?This judgment is related to each worker

Zhejiang News Client reporter Huang Hong

A person, he went home to get off work underground, but fell to the ground at home. After 120 arrived, he announced his death. In the end, the court ruled that this was a working injury.

Recently, more than two years ago in Guangzhou, a case in Guangzhou once again attracted social attention.

so, what happened?

Shi Mou was an employee of a trading company in Guangzhou. On a working day in 2020, around 19:40, he had a sudden illness. When 120 arrived, people were gone.

His wife filed an application for work injury to the local social security bureau.

The reason is that although the day of the incident, although Shi Mou had already come home from get off work, he also negotiated with colleagues and customers through WeChat, and at 19:22, he was still discussing the receipt with his colleague "Daewoo".

However, the local social security bureau did not recognize it and made the "Decision on the Decision on Work Injury".

The reason is: Shi Mou had already returned home from work at the time of illness. He was neither working hours nor in his job, and there was no evidence to prove that his sudden illness was related to work.

Shi Mou's wife was dissatisfied: He was off work, but was working before the onset.

To this end, she brought the Social Security Bureau to the court, and the case was tried and lost.

Shi Mou's wife refused to accept and appealed to the Guangzhou Railway Transport Intermediate Court.

In the second trial, the court discovered a lot of new details:

The first is to open Shi Mou's WeChat chat record and find that after get off work, he often uses WeChat to reply to work information.

Shi Mou's colleagues also said: The factories he and Shi are in charge of contacting work overtime at night. When the factory encounters problems, they will be interconnected and this is the case for many years.

These two evidences are important and can prove that Shi is often working after work.

However, it is not enough to determine that work injury is not enough, because it is common for people to deal with work after returning home. If it is identified as a work injury, it is too broad.

But the case of Shi Mou has other evidence:

The first is that he returned from his colleagues to his illness to fall to the ground from the end, and only 18 minutes apart in the middle.

Another evidence is also beneficial to him: after 19:22, Shi Mou did not send any WeChat information.

Therefore, the court made determination: 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". During the period of dying of the disease, it should be regarded as a working injury.

Later, a ruling: The local social security bureau revoked the "Decision on the Decision of Work Injury" and ordered it to re -deal within 6 days from the date of effectiveness.

This is the second trial ruling, a dazzling voice.

This case is meaningful. Because before entering the Internet era, people's work and life are separated: at work, work is not working.

But now, the border between people's work and life and venues has become more and more blurred. It is common to deal with work and office at home after get off work.

Is this situation be considered in the "working hours", in the "job post"? If there is an emergency during this period, it may be identified as a working injury.

This is a new situation, and there is no clear provision in law.

The court made a judgment based on the original intention of legislation, which was a breakthrough.

The case was reported by the media, which caused a lot of online comments. Most people agreed with the court's judgment, which shows that it is in line with the actual situation.

Although China is not a country's country, this case, from how it adopts evidence and how to make a ruling, or to some extent, it has cleared the legal border of the law, and the trial of other courts can also play a reference role.

From this, we can also experience the protection of the rights and interests of the workers.

Appendix: Identify 22 situations of work injury

1. In working hours and workplace, they are injured by accidents due to work;

2. In the workplace before and after working, the preparation or ending of work -related work is harmed by accident;

3. In work hours and workplace, accidents such as violence due to their work responsibilities;

4. Professional disease;

5. During the work of the work, it is unknown due to the injury or the whereabouts of the accident due to working reasons;

6. On the way to and from get off work, traffic accidents or urban rail transit, passenger ferry, and train accident damage;

7. In working hours and jobs, dying of sudden diseases or died within 48 hours;

8. If the rescue and disaster relief are harmed in the maintenance of national interests and public interests;

9. Employees were originally served in the army. They had obtained a revolutionary disabled military card due to war or disability due to public injuries.

10. Employees are harmed in working hours and workplace, and employers or social insurance administrative departments have no evidence to prove that the reason for the right and wrong;

11. Employees participating in the organization or by the employer of the employer or the assignment of the personnel to participate in the organizational organized by other units are harmed;

12. During working hours, employees come and go reasonably in a reasonable area related to their work responsibilities.

13. Others are related to the duties of fulfilling work, and they are harmed in working hours and reasonable areas;

14. As long as the injuries that employees are suffered in accordance with "the injury to the motor vehicle accident" as long as it is in line with the "during get off work", it should be identified as a work injury;

15. The situation of injuries from the unit dormitory to his parents' home belongs to "on the way to and from get off work" and should be identified as a work injury; 16. If the work arrangement of the unit and is injured, it shall be injured The Regulations on "the provisions of accidental injury due to work reasons" shall be identified as work injury;

17. Retired personnel are hired by the current work unit. The current work unit has paid the work injury insurance premium for them. If it is injured by accidents during the employment, it is applied to the relevant provisions of the "Work Injury Insurance Regulations";

18. If the employee is assigned to study during the study of the unit, it shall be identified as a work injury when the rest places arranged by the learning unit will be injured;

19. During the low temperature rain and snow frozen disaster, in order to safeguard the needs of national and public interests, the employer is restored to traffic, communication, power supply, water supply, drainage, gas supply, road repair, ensuring food, drinking water, fuel and other basic necessities. In the process of supply, organizational rescue, and treatment of victims, temporary hiring employees suffer injuries can be regarded as work injury;

20. If the cause of death during the public is unknown, the evidence provided by the employer or the social security department cannot exclude the cause of death, and it shall be identified as a work injury;

21. To or exceed the legal retirement age, but fail to go through the retirement procedures or not enjoy the basic endowment insurance benefits of employees in urban employees in accordance with the law, and continue to be injured or suffer from occupational diseases during the work of the original person, the employer shall bear the responsibility of work injury insurance according to law;

22. The employer's recruitment has reached, surpassed the legal retirement age, or the basic pension insurance benefits of employees who have received urban employees. During the employment period, they are injured or occupational diseases due to work reasons. If the work injury insurance premium is paid for it, the "Regulations on Work Injury Insurance" shall be applied to work injury.

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