A few days ago, doctor Wenxiong Liu of Hubei died suddenly at home and his suffering was not be determined as a work-related injury, which sparked heat discussion. After administrative reconsideration, in March 7, the Human Resources and Social Security Bureau in Xiantao, Hubei finally made an determination letter of work-related injury. Similarly, in 2017, the judge Wenfeng Yang of Hubei suddenly died when writing judgement at home but was not determined as a work-related injury. Until June in last year, after the trial of second instance, that decision was revoked.

It hold together legal principle and reason concurrently and is what we everyone want that doctor Liu and judge Yang’s suffering were determined as work-related injury. According to statistic, there is one man dying in work-related accident or occupational disease every three minutes in the whole world, and there is at least four people being injured at work every one minute. Work-related injury had already become the important public health safety problem that threatens laborer life seriously!

So, we every worker need to know how to determine work-related injury. You can know that what kind of injury shall be determined as work-related injury here.

1. Working hours (including overtime) + workplace + injured when working

Being injured in an accident during working hours in the workplace;

Being injured in an accident while doing preparatory or finishing work related to the job in the workplace before or after working hours;

Being injured by violence or in other accidents in the performance of job during working hours in the workplace;

(subparagraph 1, 2 and 3 of article 14 of Regulation on Work-Related Injury Insurances)

These are the most common three-working terms - during working hours (including before and after), in the workplace, being injured because of work, shall be determined as work-related injury. For example, the machine-tool worker got his hand cut when operating machinery at work, white collar stayed behind after work to clean up but being cut by the shredder, the police on duty was injured, and so on.

More and more professionals now need to work at home, so is the sudden death when working overtime at home a work-related injury?

In 2011, Fangdi Feng, a teacher of Hainan Qiongshan middle school, died suddenly at home when correcting test paper overnight. The Human Resources and Social Security Bureau refused to determine Feng's suffering as work-related injury on the grounds that the teacher's delayed work did not take place in the school (in the class or office) and it was not the overtime work arranged by the school. After many administrative reviews and lawsuits, Haikou Municipal Human Resources and Social Security Bureau still refused to recognize. In 2017, teacher Feng's family complained to the Supreme Court which finally decided that the overtime work at home for the benefit of the unit should also be classified as working during working hours. Accordingly, sudden death when working overtime at home  also is determined as work-related injury!

2. Occupational diseases

Suffering from an occupational disease;(article 14(4) of the Regulation on Work-Related Injury Insurances )

Periarthritis of shoulder is the occupational disease of white-collar, lumbar intervertebral disc is the occupational disease of driver?

No. It is true that all walks of life is hard, but the occupational disease that belongs to work-related injury is the disease caused by dust, radioactive materials and other toxic and harmful factors that the workers of enterprises, public institutions, individual economic organizations and other employing units touch in occupational activity. The aforementioned occupational diseases are stipulated in the Classification Catalogue of Occupational Diseases issued by the Ministry and Commission under the State Council, including heatstroke, frostbite, the pneumoconiosis disease of certain special kind of work, chemical poisoning, the AIDS that is contracted because of the job as health worker or police.

What to do if disease is discovered after we retired or left office? Never mind, those who did not engage in the occupational-hazards operations after leaving the original post, and found suffering from occupational disease, can apply for work-related injury determination within one year from the date of being diagnosed or identified as occupational disease.

3. Work trip + being injured because of work

If he is injured at work or his whereabouts are unknown in an accident, during work-related travel; (article 14(5) of the Regulation on Work-Related Injury Insurances)

It needs to consider whether the worker is assigned by his unit to travel when understanding ‘during work-related travel’, such as being assigned to perform duties or to study or attend a meeting outside the workplace.

Speaking of which, we have to mention another famous case -- unexplained cause of death during work-related travel. In 2004, Yu was appointed by the unit to go out to recruit workers but died. The death certificate issued by the police can only exclude homicide, while the death time, place and cause of death are unknown. Because Yu’s family can not prove that Yu was died of work, the local labor bureau did not identify work-related injury which was maintained by the administrative reconsideration and the two administrative proceedings. In 2010, Yu's father appealed to the Shandong High Court which asked for instructions from the Supreme Court. In 2011, the Supreme Court answered with [2010] Xing Ta NO. 236: the worker’s suffering shall be determined as work-related injury if he died during work-related travel even if the cause of death is unknown, and the evidence provided by the unit or social security branch cannot exclude the possibility that the worker died of non-work-related reason. After 7-year unremitting efforts, Yu’s father finally earned the recognition and compensation for his son.

Actually in the injury determination process, if the worker or his close relative thinks it is work-related injury but his unit does not think so, the unit shall bear burden of proof. The aforementioned case has undoubtedly carried out the preferential protection to the workers to a greater extent, providing guidance for the later application of the burden of proof of article 14(5).

4. Suffered from various traffic accidents on the way to or from work in which he was not mainly responsible

Being injured in a traffic accident or in an accident of urban rail transit, passenger ferry or train that is not his main responsibility during the journey to and from work; (article 14(6) of the Regulation on Work-Related Injury Insurances)

The ‘not main responsibility of the worker himself ’ is not judged by themselves, but based on the written confirmation of accident liability, conclusive opinions issued by the entitled institutions, the effective judgment issued by the People's Court and another legal document. 

The above 4 kinds are the circumstances that ought to be affirmed as work-related injury. Next we will introduce 3 kinds of circumstances that shall be viewed as work-related injury.

5. Died of sudden illness at work or died within 48 hours after emergency treatment for a disease suddenly arising when working

 Died immediately or within 48 hours after emergency treatment for a disease suddenly arising during working hours in the workplace;(article 15(1) of the Regulation on Work-Related Injury Insurances)

There are two things to be clear about this type of injury:

‘Emergent diseases’ include all kinds of diseases;

The starting time of ‘48 hours’ is the initial diagnosis time of medical institutions.

6. Rescue and relief hero

Being injured in an act to protect national interests or public interests such as emergency rescue and disaster relief;(article 15(2) of the Regulation on Work-Related Injury Insurances)

This kind of work-related injury reflects the appreciation and care that our party and country give to the rescue and relief personnel who donate selflessly for the national and social interests. For example, in this new outbreak, the medical staff and related personnel will be identified as suffered from work-related injuries due to their unfortunate infection when performing job duties. So great!

Could average worker’s suffering determined as work-related injury if being infected COVID-19 at work? The Human Resources and Social Security Ministry has made it clear that if they are not personnel engaged in epidemic prevention or related personnel, their suffering shall not be recognized as work-related injury.

7. Wounded soldiers

The worker is injured and disabled in war or on duty while in military service and has obtained a revolutionary injured and disabled soldier certificate, and suffers from a relapse of the old injury while being employed by the employer.(article 15(3) of the Regulation on Work-Related Injury Insurances)

‘We are not living in a peaceful era, but in a peaceful country’, the reason why our country and national can have a sense of security is because we have the guard of the soldiers who are injured because of protecting us. They are the most lovely people and deserved the protection and support of the law and policy. Salute!

Above 7 kinds are the main type of work-related injury, why is it main and not whole? Because we have a pocket term - ‘another kind of work-related injury stipulated by the law and administrative regulations’. So, it must be determined as work-related injury if it meet the standard of the above 7 kinds of circumstances? There is a premise that it cannot be any of the following:

Intentional crime & drunkenness or taking drugs & self-injury or suicide

Also, for‘intentional crime’, it shall be based on the effective legal documents or conclusive opinions issued by the judicial organs. For ‘drunkenness or taking drugs’ and ‘self-injury or suicide’, it shall be based on the letter of accident liability or conclusive opinions issued by the entitled institution and the effective legal documents issued by the People's Court such as judgement unless there is contrary evidence enough to overthrow the letter of accident liability and conclusive opinions.

Above 7 kinds are the scope of work-related injury, do you get?