Say goodbye to machinery, let work-related injuries be deemed "live"
Reading tips
Recently, an anti-epidemic nurse in Wuhan who was in a coma for many days was not recognized as a work injury, which caused heated discussions. It is understood that in the prevention and control of the epidemic, she is not the only medical worker who has a sudden illness and is difficult to identify a work injury. Since it was not during working hours, sudden illness or death at work or ineffective rescue within 48 hours, their road to work injury identification was not smooth. In this regard, professionals believe that it is necessary to comprehensively consider the work cause as a key element in the special period of anti-epidemic, and implement the principle of presumption of work cause.
After being in a coma for more than 100 days, Shen Bei, a nurse in charge of the Second Health Service Center of Yangyuan Street Community, Wuhan Wuchang Hospital and the head nurse of the Department of Traditional Chinese Medicine, was not recognized as a work injury.
On March 7, Shen Bei was in a coma during a break at the hotel arranged by his unit and has not been able to recover. In response to his work-related injury application, the Wuhan Municipal Bureau of Human Resources and Social Security stated that work-related injuries could not be recognized due to non-compliance during working hours, death from sudden illness at work, or death within 48 hours.
In fact, in the prevention and control of the epidemic, Shen Bei's experience is not an isolated case. In March this year, Liu Wenxiong, a doctor from the Sanfutan Town Health Center in Xiantao City, Hubei Province, died suddenly at home during the fight against the epidemic. The process from never being identified as a work injury to the final identification of a work injury has also caused widespread social concern.
Work injury not recognized
In the early morning of February 13, Liu Wenxiong developed chest pain, asthma and other symptoms, and unfortunately passed away after the first aid failed. The cause of death was acute myocardial infarction.
In fact, the Xiantao City Health Commission issued a notice on January 22, requiring all medical and health units to "fully activate the wartime duty preparation mechanism, all personnel cancel the Spring Festival holiday, work normally according to work and rest hours, and strictly implement the 24-hour on-duty system. ".
Sanfutan Township Health Center believes that Liu Wenxiong died during the epidemic prevention and control period and should not mechanically identify working hours and locations. His illness and death were caused by overtime and overloaded work and should be regarded as a work injury.
However, the "Decision Not to Recognize Work Injury" issued by the Human Resources and Social Security Bureau of Xiantao City gave different conclusions.
The Human Resources and Social Security Bureau of Xiantao City pointed out that Liu Wenxiong had not undertaken front-line epidemic prevention duties for a period of time before his death. His working hours were relatively fixed and his commute was regular. Liu Wenxiong’s sudden illness was in the early morning and his location was at home. In the workplace, accidental injuries due to work should be recognized as work-related injuries; in addition, myocardial infarction does not belong to the category of occupational diseases. Therefore, Liu Wenxiong's death does not apply to the provisions of the Work Injury Insurance Regulations.
"Although Liu Wenxiong, as a medical staff, is the most beautiful retrograde person in the epidemic, his unfortunate death is also sad. But as an administrative agency, administration according to law is the responsibility of the law, because his death does not meet the above-mentioned legal conditions that should be recognized as a work injury Based on this, the decision not to recognize the work injury was made.” Xiantao Human Resources and Social Security Bureau believes.
On February 27, Sanfutan Town Health Center applied to Xiantao City Government for reconsideration.
"Working hours and jobs should not be defined mechanically"
With the administrative reconsideration, Liu Wenxiong’s anti-epidemic work during his lifetime also surfaced: On January 24, Sanfutan Town Health Center established a fever clinic expert guidance group, with Liu Wenxiong as the deputy team leader, and participated in the diagnosis and treatment of fever patients in addition to his own work. . From January 12 to February 12, he treated a total of 3,506 patients. During the epidemic prevention period, the hospital also announced the phone number of Liu Wenxiong, who had accepted patient consultations during the break.
It is worth noting that Xiantao City also confirmed the fact that Liu Wenxiong went to work with an illness, and believed that he participated in epidemic prevention during major public health emergencies, and his work during the epidemic should be considered comprehensively, and his death could be determined during working hours. , The situation of sudden illness at work and death after rescue is ineffective shall be deemed as a work-related injury.
"Liu Wenxiong's work injury determination should not mechanically define working hours and job positions." The Xiantao city government revoked the previous "Decision Not to Recognize Work Injury" and ordered a new decision. On March 7, the Human Resources and Social Security Bureau of Xiantao City made a decision that Liu Wenxiong's death from a sudden illness in the course of epidemic prevention and preparation was deemed (or deemed) a work injury.
Professor Yang Sibin, director of the Institute of Social Security of the China Institute of Labor Relations, believes that the focus of the controversy surrounding the identification of employee injuries of anti-epidemic medical staff is mainly the standard for identification of work injuries. The "Social Insurance Law" and "Work Injury Insurance Regulations" have established the standard system for the identification of work-related injuries, that is, typical work-related injuries, deemed work-related injuries and non-recognized work-related injuries.
Liu Wenxiong died suddenly at home, and the typical work-related injury clauses of “injury by accident during working hours and workplaces” cannot be applied. However, Yang Sibin believes that “working hours and jobs” should not be understood narrowly, but should be considered in a comprehensive manner during the special period of anti-epidemic, when doctors’ working hours are extended and there is no longer a clear boundary with rest periods, and the work positions are expanded and they are at home. The "home" in the standby state has become an extension of the workplace, and "standby and telephone consultation" means performing job duties at the workplace.
Therefore, he believes that the determination of work-related injuries complies with legal provisions and legislative purposes, and demonstrates the fairness and justice of the law.
It is recommended to increase the determination clause of death due to work
In response to the "48-hour work injury" clause that caused Shen Bei's family to question, that is, during working hours and at work, death from a sudden illness or death within 48 hours after rescue is deemed to be a work injury. Yang Sibin told reporters, “Since the promulgation of the Work Injury Insurance Regulations, it has always been a controversial clause in the determination of work injury.”
When an employee has a sudden illness, the family members are eager to save others and give up the rescue after 48 hours, so the work injury cannot be recognized. In Yang Sibin's view, this undoubtedly challenges the bottom line of social morality. In addition, with the advancement of medical technology, the confirmation of death standards and the way of rescue have also brought confusion about the application of the law.
At present, most countries do not define sudden illness deaths in the workplace as work-related injuries. Yang Sibin said that the "48-hour work injury" clause has been added to the "Work Injury Insurance Regulations", which actually extends the scope of coverage to cases of sudden illnesses during working hours and jobs, reflecting the superiority of my country's work injury insurance system.
However, in practice, there has also been a dilemma of not being recognized for more than 48 hours. Yang Sibin believes that the "48-hour work-related injury" clause needs to be improved, adding a comprehensive clause for the identification of work-related injuries that cause deaths due to work.
Soon after the outbreak, the state clearly stated that medical staff and related staff who were infected with the new type of coronary pneumonia or died due to infection due to the performance of their work duties should be recognized as work injuries. In Yang Sibin’s view, this regulation emphasizes the work reason “due to the performance of work responsibilities”, while the requirements for work place and working hours are reduced, which is in line with the development trend of the work-related injury insurance system and reflects the “maximum protection of workers injured at work”. The purpose of work-related injury insurance legislation.
According to the "Work-related Injury Insurance Regulations", employees who are injured during rescue and disaster relief activities to safeguard national and public interests are regarded as work-related injuries. In fact, the scope of application of this regulation can be appropriately expanded to more workers.
The identification of typical work-related injuries emphasizes the "three-work" element, that is, only those who are injured by accidents due to work during working hours and workplaces can be recognized as work-related injuries, and strict requirements are imposed. However, with the advancement of science and technology in modern society, people's working methods, working hours and workplaces have undergone great changes. Yang Sibin believes that the understanding of the "three elements" of work-related injury identification should not be mechanized and cannot stick to its narrow language. Meaning, it should take "work reason" as the key element and implement the principle of presumption of work reason.