Injuries To Colleagues' Quarrels Can Not Be Identified As Work-Related Injuries

Li and Zhang have two colleagues in their relationship. Not long ago, there was a dispute between the two sides because of work problems.

It's not pleasant.

In the middle of the second day of the dispute, the two sides met at a restaurant near the unit. They quarrel again because of disagreement and then hit it.

The hospital was diagnosed as nasal trauma and soft tissue injury.

After that, Li took the cause of the dispute as a work problem, so he declared the work injury to the unit, but was refused by the unit.

The unit thinks that this matter is purely a question between two people of Li and Zhang. It has nothing to do with the work, and it also has a corresponding punishment according to the relevant management system of the unit.

Lee felt very confused: This is because the work itself is the dispute, and the time of dispute is also in the lunch break time, how can the unit leave no matter? Lee asked whether this situation can be identified as work-related injuries?

Expert Ma Yingqiu lawyers believe that Lee and Zhang two people, although the root cause of the dispute is the cause of the work, but after Lee was injured, but not because of performing their duties are injured, Lee injury is not in line with the situation.

Clause fourteenth (three) stipulates: "in working hours and in workplaces, it is not in conformity with the provisions of article fourteenth (1) of the regulations on industrial injury insurance because of accidental injury caused by performing work duties, such as violence."

And workplace injuries due to work reasons. "

At the same time, it does not conform to the other work injury or the identification of the same industrial injury.

Therefore, Ma Yingqiu believes that according to the relevant provisions of the regulations on work-related injury insurance, workers should be identified as work-related injuries in their working hours and workplace due to violence and other accidental injuries.

Therefore, judging whether the work injury belongs to, the key is to see whether there is any causal relationship between violence and performing duties.

In this case, on the one hand, Li and Zhang only had verbal disputes in their working hours and workplaces and were not injured.

Secondly, in this incident, although Zhang hurt Lee, there was a mistake.

But both sides are not calm enough to face disputes, which has led to further intensification of the contradictions.

Therefore, if Lee was injured, he would have to rely on his work. This obviously violated the original intention of the work injury insurance concerning "performing personal responsibilities for personal duties".

In addition, the dispute over Lee's lunch time should be the extension of work, which should be regarded as the problem of working hours. Ma believes that the core of judgment should be whether injury is caused by performing duties, that is, whether injury has direct causal relationship with performing work duties, and not merely related.

Therefore, Lee was hurt and could not be counted as an industrial injury.