Recently, news of the arrival of super typhoon has been released in many places in our country. The damage caused by the typhoon is immeasurable. So, if an employee is injured by a tree blown down by the typhoon on the way to work, is it considered a work-related injury?
Feng is a restaurant worker in Haikou. A company employee, working as a food delivery person. On July 18, 2014, Haikou encountered the category 16 “Ramason” super typhoon. At about 18:00 that night, Feng walked from his home to a restaurant to work the evening shift. On the way, he was hit in the head by a branch blown by the typhoon. He was sent to the hospital for emergency treatment, but died after the rescue failed. In November of the same year, Feng’s mother, Ms. Chen, applied to the Bureau of Human Resources and Social Security to identify Feng as a work-related injury. Since the materials he provided could not prove that Feng had a labor relationship with the company, the Human Resources and Social Security Bureau issued a notice to supplement the materials. After the company submitted the labor contract signed with Feng, on January 20, 2015, the Human Resources and Social Security Bureau officially accepted the work-related injury report. Recognition application.
In the same year, the Bureau of Human Resources and Social Security made a decision on the identification of work-related injuries. On the basis that Feng was injured and died by a branch blown by a typhoon on his way to work, which did not comply with the provisions of Articles 14 and 15 of the " Work-related Injury Insurance Regulations", it decided not to shall be deemed as a work-related injury or treated as a work-related injury. Ms. Chen was dissatisfied and applied to the Provincial Department of Human Resources and Social Security for reconsideration. After the Provincial Department of Human Resources and Social Security accepts the application, it will issue an "Administrative Reconsideration Reply Notice" to the Municipal Human Resources and Social Security Bureau in accordance with the reconsideration procedures, and notify the company to participate in the administrative review. After review, the Provincial Department of Human Resources and Social Security made a reconsideration decision No. 2 in June of the same year, deciding to uphold Decision No. 161 made by the Municipal Human Resources and Social Security Bureau.
Ms. Chen was dissatisfied and filed an administrative lawsuit with the court.
[Court Judgment]
This court believes that the focus of the dispute between the parties in this case is whether the injury suffered by Feng constitutes a work-related injury, and whether the decision process No. 161 issued by the Human Resources and Social Security Bureau is illegal.
According to the provisions of Article 14 of the "Regulations on Work-related Injury Insurance", if an employee has one of the following circumstances, he shall be deemed to be a work-related injury: (1) Injured by an accident due to work reasons during working hours and in the workplace; (2) Work-related injuries In the workplace before and after the time, he was injured by an accident while engaged in work-related preparatory or finishing work; (3) During working hours and in the workplace , who are injured by violence or other accidents due to the performance of work duties; (4) who suffer from occupational diseases; (5) who are injured due to work reasons or have an accident and their whereabouts are unknown while away from work; (6) who are injured by someone other than themselves on the way to and from get off work; Those who are mainly responsible for injuries caused by traffic accidents or urban rail transit, passenger ferry, or train accidents; (7) Other situations that should be recognized as work-related injuries according to laws and administrative regulations. According to the provisions of Article 15, if an employee has any of the following circumstances, he or she shall be deemed to have suffered a work-related injury: (1) He or she dies of a sudden illness during working hours and at his or her position or dies after rescue efforts fail within 48 hours; (2) During emergency rescue or disaster relief, The employee was injured while safeguarding national interests and public interest activities; (3) The employee was originally serving in the military, became disabled due to injuries in war or on duty, has obtained a Revolutionary Disabled Soldier Certificate, and the old injury relapses after arriving at the employer.
As an employee of a restaurant, Feng was injured and died by a tree branch blown by a typhoon on his way to work. His situation did not meet the above conditions for work-related injuries or deemed work-related injuries. Based on this, the Human Resources and Social Security Bureau made a decision not to recognize the work-related injury to the plaintiff, which complied with the above provisions. The plaintiff's reason for suing has no legal basis and this court will not support it. After accepting the plaintiff's reconsideration application, the Provincial Department of Human Resources and Social Security will review the case in accordance with the reconsideration procedures and make a reconsideration decision within the statutory time limit. The procedures are legal.
In summary, the plaintiff’s reason for suing has no factual and legal basis. This court will not support it and should be dismissed according to law. According to the provisions of Article 69 of the Administrative Litigation Law of the People's Republic of China, the judgment is as follows:
rejects the plaintiff's claim.
