Death Due To Illness During A Business Trip Is Also A Work-Related Injury.

[case]

In November 15, 2013, Li and Wang, a salesman of a medical device company, were arranged to travel on business, and went to other provinces to negotiate sales activities.

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The next day at 6 o'clock, Wang found Lee lying unconscious on the bed, immediately notify the 120 emergency center and the public security department.

Doctors and nurses rushed to the scene and confirmed that Li had died.

After an autopsy conducted by the public security department, Li was identified as a sudden death due to cardiovascular and cerebrovascular diseases.

At the end of December of the same year, Li's unit applied for a work-related injury identification to the local people's and social department.

2 months later, the people's and social department made a decision not to confirm the work-related injury.

Li family refused to accept the prosecution of the people's social department to the court.

The court of first instance held that Lee was not killed in "working hours and jobs" and could not be identified as a work-related injury.

Lee's family members refused to accept the first instance judgment and appealed to the local intermediate people's court.

Then, will the intermediate people's court try to support the claim of Li's family after the second instance?

[comment]

The focus of this case is:

Whether "period" can be identified as "working hours and jobs".

Article fifteenth of the regulations on industrial injury insurance stipulates: "workers under one of the following circumstances shall be regarded as work-related injuries: (1) death of a sudden illness or death within 48 hours after the rescue is invalid at work time and at work."

According to the above regulations, the death of a worker's sudden illness or death within 48 hours after rescue is deemed to be a key factor in working hours and jobs.

For the definition of the nature of "business trip", the author believes that business trip is a special job, and the purpose is to complete the tasks assigned by the unit. The travelling personnel from the house to the home can not be freely controlled during this period, but actually they are controlled by the units. Therefore, the "business trip period" can be identified as a special case of "working hours and jobs".

In June 18th this year, the Supreme People's Court promulgated the provisions on Several Issues concerning industrial injury insurance administrative cases, which will come into force on September 1, 2014.

The regulation clearly states that a special case of "working hours" is a special case of "working hours". It lists three situations: the appointment of workers or staff members or the activities related to their duties outside the workplace as a result of work needs; the period when the employees are assigned to study or meet on a single assignment, and other outgoing periods for employees because of their work needs.

About workers going out for work

According to the fifth clause and the second paragraph of the provisions, if workers who do not belong to the workers who are engaged in work or the units assigned by the recipient are not involved in the study or meetings, they should be recognized as work-related injuries in principle.

To sum up, Lee died during a business trip and should be identified as a work-related injury.

Recently, the local intermediate people's court made a final decision, believing that Lee died of illness during his business trip, which was in line with the relevant provisions of the industrial injury insurance Ordinance, and ordered the local people's social and social bureau to revoke the decision not to confirm the work-related injury, and to make a decision within sixty days.