Is the most popular paper worker dozing off on the

2022-07-31
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Paper workers doze off on the night shift and are injured in an accident. Is it an industrial injury

release date: Source: Chinese paper number of Views: 10531 copyright and disclaimer

core tips: [China Packaging News] case introduction Li is a paper worker in the paper workshop of a paper company. He was on the night shift from 0:00 to 8:00 on October 20, 2017. Li was a paper worker in the paper workshop of a paper company because of physical fatigue. He worked at night from 0:00 to 8:00 on october20,2017. When Li was working, he dozed off because of physical fatigue. Seeing that no one was paying attention around, he came to the side of the workshop door and sat down for a nap. At about 5:45 a.m., the original semi-finished paper roll on the paper roll rack of the paper machine suddenly collapsed and hit Li, who was sitting on the edge of the door of the workshop to rest and doze off, causing fracture of his right ankle. Later, Li was sent to the hospital for treatment by the company. After leaving the hospital, Mr. Li found the practice to prove that the company discussed how to deal with the injury accident. The company believed that although Mr. Li was in the working hours and workplace, at the time of the incident, Mr. Li was dozing off and did not directly engage in work. He was injured for non work reasons and did not meet the conditions identified as work-related injury, which should be borne by Mr. Li himself. Li refused to accept, and went to the local social insurance administrative department to apply for the identification of work-related injury. After investigation and verification, the local social insurance administrative department identified Mr. Li as a work-related injury. The paper company refused to accept the decision and filed an administrative lawsuit to the local court to request the cancellation of the work-related injury identification

after hearing by the court, it was finally determined that although there were violations against Mr. Li, it could not be denied that Mr. Li was injured during working hours and in the workplace because of work. Finally, the court rejected the paper company's claim

legal analysis

in this case, Li dozed off for physiological reasons during the night shift work only belongs to the violation of labor discipline, which is not the basis for us to understand the following aspects about the history and operating procedures of the mechanical experimental machine according to the law on his injury due to work. The internal reason for Li's injury is that the paper company has hidden dangers in production. Li's violation of the company's rules and regulations is minor, It cannot be excluded from its legal rights. Whereas Mr. Li's injury meets the conditions that can be recognized as an industrial injury as stipulated in Article 14 (1) of the regulations on industrial injury insurance, that is, "if an employee is injured by an accident due to work reasons during working hours and in the workplace, it shall be recognized as an industrial injury". The National Engineering Laboratory for polymer surface material preparation technology has settled in Wanhua, and the latter is used for building insulation in the local society; In addition, the insurance administrative department determined that Li was injured at work. The facts were clear and the applicable laws were correct. Therefore, the court supported the decision of the social insurance administrative department that Li was injured at work

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