Accidents After Work Break Are Identified As Work-Related Injuries.

Case description: the 58 year old Tian Mou is a high village man in Xingyang. He has worked for a long time in Tongxing Carbon Co., Ltd. of Xingyang. At about 30 hours in May 31, 2008, Tian worked on the night shift, and after a car was finished, he rested at the ditch 40 meters outside the workshop. He was unexpectedly rolled over by his forklift truck from his legs, resulting in a fracture of both femur. After the hospital rescue, but eventually caused eight grade disability.
In court, Tian let the judge see his injured leg, the long wound healed, but then he needed two operations to remove the steel plate. Laotian is 58 years old. He suffers every day. Pain The torture of the judge even felt a great deal of anxiety.
After Tian was discharged from hospital, he applied to the Xingyang Municipal Bureau of personnel and labor and social security (hereinafter referred to as the "labor bureau") for work-related injuries. Tongxing company also agreed to apply for work-related injuries. In December 26, 2008, the labor bureau decided that Tian was a work-related injury. After the conclusion of the injury conclusion, the enterprise must pay a large sum of money and refuse to identify the work-related injury. After bringing the administrative reconsideration to the court, the labor bureau is sent to the court for revocation of the work injury identified by the labor bureau, and the labor bureau is required to make Tian Mou not identify the work-related injury.
Views from both sides
The lawyer of Tongxing company said that Tian Mou was hurt by the work of the loader when he was in a class because of the slow down work. The Labor Bureau ignored the fault of Tian, and beautify the illegal work to a legal rest. He claimed that it was a work-related injury, and requested the court to revoke the No. 101 work injury confirmation letter made by the labor bureau. The plaintiff lawyer also said that Tian was leaving at work time. Post A serious violation of labor discipline is absolutely responsible for this accident. In short, Tongxing company believes that Tian's behavior is a violation of the company's labor discipline.
The Labor Bureau argued that the injury suffered by Tian was caused by the rest of the work after performing his duties. Although the work gap is not related to the content of work, interval rest is a normal, necessary and reasonable physiological need in daily work, and is closely related to its normal work. There is no legal basis for evidence that Tian's injury does not constitute a work-related injury. Tian has a clear injury and is in line with the conditions for determining the work-related injury under the industrial injury insurance Ordinance. "The plaintiff lawyer clearly understood that third people Tian Tian was injured in the class because of the slow down work, which was hurt by the loader reversing in the work, which only proves that Tian was injured in performing his duty." The Labor Bureau asked the court to dismiss the plaintiff's claim for Tongxing company.
The court held that the situation of Tian was in line with the fourteenth provision of the industrial injury insurance Ordinance. Third people Tian Mou and the plaintiff Tongxing company have labor relations. Tian Mou had a clear injury during the rest of the workshop. Work break is an objective need for workers to work and is part of the work. Therefore, Tian Mou is injured by accident due to work reasons in working hours and workplaces. Defendant Labor Bureau The No. 101 work-related injury confirmation document is conclusive, applicable to the law and regulations, in line with legal procedures and should be maintained in accordance with the law.
Court decision
The court finally decided that Tian's injuries were work-related injuries.