The determination of work-related injury is an administrative confirmation act by the labor administrative department to give a qualitative administrative confirmation of whether an employee's injury (or occupational disease) due to an accident is a work-related injury or is regarded as a work-related injury in accordance with the authorization of the law.
Netizen consultation:
Is it a work-related injury for employees to drink too much at dinners?
Lawyer answers:
Death caused by excessive alcohol consumption during a dinner party is not considered a work-related injury.
In accordance with the relevant laws and regulations of the state, injuries sustained by employees during dinner gatherings organized by the employer shall be recognized as work-related injuries. Employers arranging or organizing employees to participate in cultural and sports activities shall be deemed to be for work reasons. Where an employer arranges or organizes employees to participate in catering, tourism, leisure and entertainment activities in the name of work, or engages in activities related to their own or others' private interests, it is not to be regarded as a reason for work. Dinner parties among colleagues are a common social activity for acquaintances, and organizing dinner parties for employees is also a common part of team building activities carried out by employers. The company dinner may be an activity related to work, but according to the regulations, drinking alcohol is an act that the parties subjectively realize will be harmful to their health, and if the employee is drunk and causes **, it shall not be recognized as a work-related injury or regarded as a work-related injury.
Lawyer adds:
In the company's team building or other social interactions, no alcohol or moderate alcohol should be consumed during dinners to ensure good health. As a person who drinks together at a dinner party, he should also perform a reasonable limit of duty of care in the process of drinking, do not engage in forced drinking behaviors such as fighting, punishing alcohol, or persuading alcohol, and perform certain obligations such as care, escort, and medical treatment according to the actual situation after the dinner.
Legal basis] Regulations on Work-related Injury Insurance
Article 14 An employee shall be deemed to have suffered a work-related injury under any of the following circumstances:
1) Injured in an accident during working hours and in the workplace due to work-related reasons;
2) Injured in an accident while engaged in work-related preparatory or finishing work in the workplace before or after working hours;
3) Accidental injuries such as violence during working hours and in the workplace due to the performance of work duties;
4) Suffering from occupational diseases;
5) Injured or unaccounted for in an accident while away for work;
6) Being injured in a traffic accident or an urban rail transit, passenger ferry, or train accident for which he or she is not primarily responsible while commuting to or from work;
7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.
Article 16: Where an employee meets the requirements of Articles 14 and 15 of these Regulations, but has any of the following circumstances, it shall not be deemed to be a work-related injury or treated as a work-related injury:
1) Intentionally committing a crime;
2) Drunk or drug addiction;
3) Self-harm or suicide.
Profile of lawyer Wang Yuanjie
Practicing lawyer of Fujian Beituo Law Firm
After graduating with a bachelor's degree in law in 2013, he entered the administrative agency in 2015, has 5 years of work experience in the administrative agency, has rich theoretical knowledge and practical experience, and joined Fujian Beituo Law Firm in 2020. Focus on civil and commercial, administrative and legal affairs.