Because the infringement of the three people constitutes a work injury, can the lost work expenses and the wages during the period of suspension of work be compensated twice?

【Brief Introduction of the Case】

Wang joined a technology company in March 2018. On June 9, 2020, a traffic accident occurred with a third person, Zhang, on the way to work, and both Wang and Zhang were injured. Later, the traffic police department determined that Zhang was mainly responsible for the accident, and Wang was secondarily responsible for the accident. On July 31, 2020, after mediation by the traffic police department, Wang and Zhang reached a compensation agreement: Zhang compensated Wang for lost work expenses, nutrition expenses, etc. A total of 4200 yuan. On September 18, 2020, it was determined that the injuries suffered by Wang were work injuries. On January 6, 2021, Wang's disability level was identified as grade 10. On March 19, 2021, Wang applied for arbitration, requiring a technology company to pay 6928 yuan of wages for the period of suspension and other work injury insurance benefits. The company believes that Wang's injury was caused by a traffic accident, and the third party has paid the lost work fee to the claimant, and should not claim the suspension of work and salary from the company.

【Processing result】

After trial, the arbitration commission held that even if a third party compensated Wang, it could not exempt the employer from liability, so it ruled that the company should pay Wang 6928 yuan of wages during the period of suspension of work and pay and other work-related injury insurance benefits.

【Case Analysis】

The focus of the dispute in this case: Because the infringement of the three people constitutes a work injury, can the lost work expenses and the wages of the suspension period be compensated twice?

After the implementation of the Regulations on Work-related Injury Insurance, employees who have suffered accident injuries due to work and are deemed to be work-related injuries should enjoy the corresponding work-related injury insurance benefits in accordance with the provisions of the Regulations on Work-related Injury Insurance. In addition, Article 33 of the "Regulations on Work-related Injury Insurance" clarifies the treatment of the work-related injured employee during the period of suspension of work and salary: "If an employee suffers from an accident or suffers from an occupational disease and needs to suspend work to receive medical treatment for work-related injury due to work injury, during the period of suspension of work and salary, the original salary and welfare benefits shall remain unchanged and shall be paid by the unit where he works on a monthly basis." In this case, the wages for the period of suspension of work and the wages for lost work were based on different legal relationships, and the workers who had suffered work injuries could have both, and Wang claimed that the company's demand for paying wages for the period of suspension of work was in accordance with the law, so the arbitration commission ruled in support of Wang's arbitration claim.