Introduction: Have the white-collar workers who commute by subway every day ever worried about the injuries caused by subway accidents?This article will focus on the topic of whether subway accidents are considered work-related injuries, analyze relevant laws and regulations, and provide practical suggestions.
1. Subway accidents are frequent, and the identification of work-related injuries has attracted attention.
In recent years, the construction of urban subways in China has developed rapidly, and more and more people choose subways as daily travel tools. However, subway accidents also occur from time to time, such as the train derailment accident on Beijing Metro Line 2 on May 5, 2019, resulting in many injuries. Such accidents have aroused widespread concern in the society, and whether subway accidents are considered work-related injuries has become a concern for office workers.
2. Laws and regulations clarify the scope of work-related injury determination.
According to the Regulations on Work-related Injury Insurance, work-related injuries refer to injuries suffered during working hours and at work as a result of work-related reasons. These include: accidental injuries at work, occupational diseases, and traffic accidents on the way to and from work. From this point of view, it seems that the subway accident meets the conditions for the determination of work-related injuries.
However, in practice, the determination of work-related injuries also needs to consider the specific cause of the accident. If the subway accident is caused by the passenger's own reasons, such as entering the tracks without permission, climbing subway facilities, etc., then such accidents may not be recognized as work-related injuries. Conversely, if the accident is caused by a failure of subway equipment, poor operation management, etc., then the injuries suffered by passengers in the subway accident may be recognized as work-related injuries.
3. Analysis of cases of identification of work-related injuries in subway accidents.
In a subway accident in a city in 2018, for example, an office worker accidentally fell and fractured his bones on his way to work on the subway due to crowding in the subway car. After investigation, the cause of the accident was that the subway operating company failed to effectively alleviate the congestion in the carriage. In the end, the local social security department determined that the accident was a work-related injury, and the passenger received the corresponding work-related injury insurance compensation.
Fourth, how to protect the rights and interests of office workers?
1.Improve subway safety facilities: Metro operating companies should strengthen the inspection and maintenance of subway equipment to ensure the safe operation of subways.
2.Improve the level of subway operation and management: The operating company should strengthen the guidance of congestion in the carriage to avoid accidents caused by congestion.
3.Strengthen legal publicity: improve the legal awareness of office workers on the identification of work-related injuries, so that they can understand their rights and interests, and know how to follow when encountering problems
4.Optimize the work-related injury identification process: Simplify the work-related injury identification process, improve the efficiency of identification, and ensure that office workers can receive compensation in a timely manner when they encounter subway accidents.
Conclusion: Whether a subway accident is considered a work-related injury needs to be judged according to the specific cause of the accident and the legal provisions. As office workers, we need to understand our rights and seek legal help in a timely manner when we encounter problems. At the same time, subway operating companies and all sectors of society should also work together to improve the safety level of the subway and ensure the safety of commuters.