According to our newspaper (Reporter Li Guo, intern Wu Jiangmin) The worker was injured by a car after taking a shortcut and taking a highway. The Human Resources and Social Security Bureau determined that it was a work injury and was revoked by the court.
Recently, the Fifth Intermediate People's Court of Chongqing Municipality concluded this labor and social security administrative confirmation case at the second instance.
On June 9, 2017, Zhou Mou, a worker of a Chongqing Construction Installation Engineering Co., Ltd., returned home from work and underground get off work. The original route was occupied by the construction of the expressway. In order to avoid detours, he went to the nearby expressway for emergency Lane.
A car collided with Zhou, causing multiple fractures throughout his body, contusions to his lungs and spleen, and multiple skin and soft tissue injuries.
The No. 1 Expressway Brigade of the Chongqing Traffic Administrative Law Enforcement Corps issued the "Road Traffic Accident Recognition".
According to Article 67 of the Road Traffic Safety Law of the People's Republic of China, pedestrians are not allowed to enter the expressway.
Therefore, the brigade determined that Zhou was at fault in the traffic accident and assumed the secondary responsibility for the traffic accident.
Subsequently, Zhou submitted the "Work Injury Recognition Application Form" and related materials to the Human Resources and Social Security Bureau of Jiangjin District, where the company is located, based on the traffic accident recognition responsibility letter of the brigade.
The Jiangjin District Human Resources and Social Security Bureau identified Zhou as a work-related injury after investigation, and a Chongqing Construction and Installation Engineering Co., Ltd. assumed the main responsibility for the work-related injury.
The latter refused to accept it and filed a lawsuit with the Jiangjin District People's Court, requesting the cancellation of the "Work Injury Determination Decision".
After trial, the Jiangjin District People’s Court held that Zhou’s entry into the emergency lane of the expressway on his way off work violated the prohibition of the law, and was not reasonable and was not a “reasonable route”. Therefore, his injury did not comply with Article No. of the Work Injury Insurance Regulations. Under the circumstances stipulated in Item 6 of Article 14, it was decided to revoke the "Work Injury Determination Decision" made by the Human Resources and Social Security Bureau of Jiangjin District.
Zhou refused to accept and appealed to the Fifth Intermediate People's Court of Chongqing Municipality.
After the trial, the Fifth Intermediate People's Court of Chongqing Municipality held that the facts found by the court of first instance were clear, the trial procedures were legal, and the application of the law was correct, so it rejected the appeal and upheld the original judgment.
The judge explained in the question and answer after the sentence that Article 14 Item 6 of my country's "Work Injury Insurance Regulations" stipulates that there are 5 requirements for the identification of work-related injuries "on the way to and from get off work": the injured person is an employee; the injured person is injured on the way to or from get off work ; Injured by traffic accidents; Injured by urban rail transit, passenger ferry, and train accidents; not the main responsibility of the person.
These five elements constitute the overall identification of work-related injuries on the way to and from get off work.
"A reasonable route is the element of the second element." Li Yingde, a lawyer from Chongqing Xiangdao Law Firm, explained to reporters that the element "on the way to and from get off work" can be interpreted as three elements. The first is the element of purpose. Workers must go and leave for the purpose. , The second is the time element, that is, it must be within a reasonable time for employees to commute, and the third is the space element, that is, it must be within a reasonable spatial route for employees to commute.
"According to the relevant provisions of the Road Traffic Safety Law of the People's Republic of China, the expressway is a section where pedestrians are prohibited from walking. From a legal point of view, there is no pedestrian road on the expressway and cannot be understood as a road for pedestrians." Li Yingde said, Zhou entered the expressway The emergency lane of the highway does not meet the criterion of "reasonable route", so it cannot be regarded as a work injury.
Li Guo