Labor Law Series 100 Questions and Answers 31 .

Mondo Social Updated on 2024-02-01

Case 31:

When: Hello Xu Lu, I am the mother of the child. Yes, I would like to consult you about a work-related injury.

Xu: It's an old aunt, please speak.

When: My daughter was working from home during the pandemic, and somehow she fell and broke her leg bone. Can this situation be recognized as a work-related injury?

Xu: We need to know how she fell and whether she was injured during working hours or in the workplace due to work-related reasons.

When: When we went to mention the determination of work-related injuries, the Social Security Bureau recognized it, but the company did not. It's unbelievable to think that you can fall and get injured while playing on a computer at home. She was not injured playing with the computer, she said that the toilet at home was blocked, she went to fix it, repaired the leak, and her foot slipped and fell.

Xu: This kind of overlapping work and life is really not good to identify as in the working state, repairing the toilet is not part of the work content from common sense, if it is in the unit, there is no need for employees to repair the toilet by themselves. But in the home office, and the epidemic is closed and controlled, I can't find a toilet repair, so I can only repair it myself. Now the company has filed an administrative lawsuit against the Social Security Bureau?

When: Yes. Xu: Then we may have to wait for the results to come out. If it is determined that the work-related injury is work-related, you can reimburse the medical expenses or something. This is a matter of dispute, but I would prefer to conclude that it is a work-related injury. Because slipping and falling in the toilet at work is considered to be a work-related injury, going to the toilet is a normal physiological need, and going to the toilet during working hours cannot be excluded from the scope of work. Then I repair the toilet during work hours to better go to the toilet and go to work better. It's a last resort. The company can't be strong. That's my point.

When: Okay, with what you said, I have the bottom in my heart. Thank you.

Xu: You're welcome.

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