提前上班出意外不算工伤听力磨耳朵

提前上班出意外不算工伤

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Erinome:Hello dear friends, today we are going to talk about a topic that many workers care about a lot: work-related injuries. You know, accidents can happen anytime, but when they happen on the way to work or before starting time, is it considered a work injury? Have you heard about this recent news, Enceladus?

Enceladus:Um, work-related injuries? I think I saw something online. Like, a man had an accident while going to work early, but his company said it wasn’t a work injury. Is that the one?

Erinome:Yes! That’s exactly the case. Let me tell you the details. There’s a man named Wang from Nantong, Jiangsu. He works as a cleaner in a company, and his official work time is from 6 am to 11 am. But he’s very hardworking, right? He usually arrives at 5 am every day to start cleaning, and his colleagues can prove that.

Enceladus:Wow, that’s really dedicated! So what happened then?

Erinome:Oh no, something bad happened. On June 14th this year, he left home at 4:40 am to go to work by electric bike. On the way, a motorcycle hit him, and he fell down. His left leg was hurt badly—doctors said it was a fracture. The traffic police said he wasn’t responsible for the accident.

Enceladus:That’s terrible. Did he apply for work injury认定 (gōngshāng rèndìng, work injury recognition) then?

Erinome:Yes! After he got better, he went to the local human resources department to apply. The department accepted his case right away, checked the company and police records the next day, and on July 27th, they decided his injury was a work injury.

Enceladus:That sounds good. But wait, the news said the company was against it, right?

Erinome:You’re right! On July 30th, the company got the decision and called the department. They said Wang broke the company rules by arriving early, so it shouldn’t be a work injury. They asked to cancel the decision.

Enceladus:Oh no, that’s not fair! He was going to work early to do his job better. Why would the company say that?

Erinome:The department’s officer explained it. He said according to the Work-Related Injury Insurance Rules, when workers arrive early to work, it’s for the company’s benefit, and it’s related to their job. So if they have a traffic accident on the way, and they’re not mainly responsible, it should be a work injury.

Enceladus:Ah, I see! So arriving early is okay, but what about leaving early? Like, if someone leaves work before time and has an accident?

Erinome:Good question! The officer said leaving early is different. Usually, that’s not considered a work injury. Because arriving early is for work, but leaving early might be for personal reasons.

Enceladus:That makes sense. Have there been other similar cases?

Erinome:Yes! Another case in Xi’an, Shaanxi. A 50-year-old security guard arrived at work one hour early. He was waiting to take over from the night shift in the security booth, then suddenly fell down. He was sent to the hospital but died later. The cause was a heart attack.

Enceladus:Oh no, that’s so sad… Did the company accept it as a work injury?

Erinome:No, the company said his work time started at 8 am, and he arrived early, so it wasn’t during work time. They only offered some humanitarian help. But lawyers said arriving early to prepare for work (like waiting to take over) is part of work time. If he died at work or within 48 hours after being rescued, it should be seen as a work injury.

Enceladus:Wow, so work injury rules are more about whether the accident is related to work, not just the strict time?

Erinome:Exactly! You know, many workers wonder: if I have an accident on the way to work, is it a work injury? If I get sick suddenly at work, who is responsible? If I get hurt during a business trip, what then?

Enceladus:I’ve thought about that too! Like, if I slip and fall at the office during work time, is that a work injury?

Erinome:Yes! That’s one of the main cases. The rules say, if you get hurt at work during work time because of work, it’s a work injury. Also, if you’re doing preparation work before your shift (like setting up tools) or finishing work after your shift (like cleaning up), and get hurt, that’s also a work injury.

Enceladus:What about commuting? Like, if I take the bus to work and there’s an accident, and I’m not at fault?

Erinome:Yes! If it’s on the way to or from work, and you’re not mainly responsible for the accident (like car, subway, boat, or train accidents), that’s a work injury too.

Enceladus:What about getting sick at work? My friend once fainted at the office because of heat. Is that a work injury?

Erinome:It depends. If you suddenly get sick at work and die, or die within 48 hours after being rescued, it’s seen as a work injury. Also, if it’s an occupational disease (like lung problems from working in a dusty place), that’s a work injury too.

Enceladus:Are there cases that can’t be work injuries?