Recently, snow has fallen in most areas of Hebei Province, which has had a certain impact on the work and life of the majority of employees while improving the air and protecting plants from low temperature and wind.
Traffic accidents occur from time to time due to slippery roads in snowy weather. If an employee leaves his post early and goes home and encounters a traffic accident, is it considered a work-related injury? What kind of responsibility should the property management company bear because the owner is injured due to the slippery road in the community......
On a snowy day, an employee went home early and died in a car accident on the way
Court: It should be recognized as a work-related injury
If a traffic accident occurs on the way to a traffic accident on the way during a snowy day in winter, can a work-related injury be recognized? After three years of repeated lawsuits, the people's courts at both levels in Chengde held that it should be recognized as a work-related injury and ordered the human resources and social security departments to make a new administrative act for determining work-related injuries.
Basic facts of the case: The employee left work early and suffered a car accident and was not recognized as a work-related injury
On the afternoon of November 24, 2017, heavy snow fell. Seeing that there was no fire hazard, Zhan Mouguo, a fire prevention officer at a ranch, got off work at about 3 p.m. and rode home on a motorcycle. On the way, Zhan Mouguo was hit and killed by a vehicle traveling in the same direction.
Zhan's wife applied for work-related injury recognition. After accepting the application for work-related injury determination, the Chengde Municipal Human Resources and Social Security Bureau issued a notice of proof to a ranch of the employer. The unit submitted the "Agreement on the Employment of Temporary Road Patrol Fire Fighters" and other materials, and said: Zhan Mouguo was injured in a traffic accident on the way home from work during work hours, which was an abnormal traffic accident on the way to and from work.
The Human Resources and Social Security Bureau decided not to recognize or treat it as a work-related injury. Zhan's wife sued the court of first instance.
The court ruled that even if an employee leaves work early for a disciplinary violation, it should be recognized as a work-related injury
The Shuangqiao District People's Court of Chengde City held that the nature of Zhan Mouguo's work was that of a firefighter guarding the intersection, and was mainly responsible for conducting fire prevention inspections and publicity work for pedestrians and vehicles passing through the intersection. Depending on the degree of snow and temperature, the spring fire will end on May 31, and the autumn fire will end on September 15 and end on a snow day. The salary standard of firefighters is 2,300 yuan per month divided by 30 days, and the specific labor time limit is subject to the actual number of working days, and rain and snow weather are not counted. At 15:30 on the day of the road traffic accident, the relevant record was: snow. Because there was no fire hazard on a snowy day, Zhan left work early, so the situation where he was injured in an accident on the way to work should be recognized as a work-related injury. The first-instance judgment revoked the decision not to recognize the work-related injury, and ordered the Chengde Municipal Human Resources and Social Security Bureau to take a new administrative act.
A ranch of the employer appealed. The Chengde Intermediate People's Court held that the determination of work-related injuries was based on the Regulations on Work-related Injury Insurance, and that employees could not be deprived of their right to work-related injury protection because they violated the internal regulations of the employer. If an employee is deprived of the right to enjoy work-related injury benefits due to violating the internal rules and regulations of the employer, it is contrary to the legislative intent of the Regulations on Work-related Injury Insurance for the protection of employees' tendencies. The principle of no-fault compensation is adopted in the determination of work-related injuries, and the determination of work-related injuries does not pursue the subjective fault of the employee himself, and the violation of labor discipline is a general fault and should not affect the determination of the work-related injury of the employee. On August 27, 2020, the second-instance judgment upheld the first-instance judgment and rejected the appeal.
Slippery roads in snow lead to unilateral accidents of vehicles
Court: Vehicle loss costs, rescue expenses, and loss assessment fees are borne by a property insurance company
In rainy and snowy weather, traffic accidents often occur due to slippery roads. If one party is found to be fully liable, what losses do they need to bear?
Basic facts of the case: A unilateral collision occurred due to a slippery road in snowy weather
On January 5, 2020, when Liu Mouxi drove a BMW passenger car to the Zhaoma Line in Taocheng District, Hengshui City, a unilateral collision accident occurred due to slippery roads and improper driving in snowy weather. The traffic police department determined that Liu Mouxi was fully responsible for the accident. After the accident, the towing service company rescued the vehicle involved, and the owner Li paid 1,500 yuan for the rescue. After Li's application and negotiation between the two parties, the court of first instance entrusted the loss and loss adjustment company to evaluate the vehicle involved in the case in accordance with the law, and after assessment, the loss of the vehicle was 180086 yuan, and Li spent 9,000 yuan for the loss and loss fee. The owner of the car, Mr. Li, was involved in the BMW passenger car, and he was insured by a property insurance company with a vehicle loss insurance of 504,400 yuan and did not include the deductible agreement, and the traffic accident occurred during the insurance period.
The court ruled that a property insurance company compensated the owner of more than 190,000 yuan
The court of first instance held that a property insurance company submitted that the amount of car damage in the loss adjustment report was too high. Since the invoice for the maintenance fee is not the only way to confirm the loss of the vehicle, and the vehicle involved in the case has not been actually repaired, the court of first instance did not violate the law by entrusting a third-party agency with the qualification of public adjuster to make a public assessment conclusion to estimate the loss of the vehicle. In addition, a property insurance company did not provide evidence to prove that the survey and loss adjustment report could not be used as evidence, and the court of first instance did not recognize the above defense of a property insurance company. The public assessment fee of RMB 9,000 was a necessary and reasonable expense paid to ascertain and determine the loss of the subject matter of insurance, and it was actually expended, and the court of first instance accepted it. The rescue fee is a reasonable expense paid by Li when he took rescue and protective measures. The actual expenditure of 1,500 yuan for rescue expenses, and the request for compensation of 1,000 yuan from a property insurance company is an exercise of Li's litigation rights, and the court of first instance affirms this.
The first-instance judgment was that a property insurance company compensated the plaintiff Li for the loss of his vehicle, rescue expenses, and loss assessment fees totaling 190086 yuan. A property insurance company appealed, and the court of second instance rejected the appeal and upheld the original judgment.
The property management company did not clear the snow in time, causing the owner to fall and injure himself while walking
Court: A property management company bears 15% of the liability for the loss of the fall injury
If the owner falls and is injured due to icy road surface while walking in the community, will the property management company be liable for compensation?
Basic facts of the case: The owner claimed compensation from the property due to a fall while walking on the icy road
At about 14:50 on November 8, 2021, Zhang Mouming fell and injured himself when he was passing on the road on the east side of Building 2 in the community. Hospitalization for 16 days, with a total economic loss of 213,475.60 yuan. Zhang Mouming demanded that the property management company bear the liability for compensation.
The court heard that there was a certain causal relationship between the owner's fall injury and the fault of the property management company
The court of first instance held that based on the photos, video CDs, testimony and other evidentiary materials, it could be proved that there was snowfall in the local area from November 6, 2021 to November 7, 2021, and the snowfall was heavy. At about 15 o'clock on November 8, 2021, the property company did not take snow melting measures such as sprinkling salt on the ice and snow roads in the community. The property management company failed to fully fulfill its safety and security obligations within a reasonable limit, and was at fault to a certain extent, and there was a certain causal relationship between the fall injury involved in Zhang's case and the fault of the property management company. The court found that Zhang Mouming should bear 85% of the liability for his fall injury, and a property company should bear 15% of Zhang Mouming's liability for the fall injury. In the first-instance judgment, a property company compensated Zhang Mouming for medical expenses and other losses totaling 32,021.34 yuan (213,475.60 yuan ×15%). 2. Rejecting Zhang Mouming's other litigation claims.
A property management company appealed.
The court of second instance held that Article 942 of the Civil Code of the People's Republic of China stipulates that: "The property service provider shall, in accordance with the agreement and the nature of the use of the property, properly repair, maintain, clean, green and manage the common parts of the property in the property service area, maintain the basic order in the property service area, and take reasonable measures to protect the personal and property safety of the owners." "A property management company, as a property service provider, shall have the obligation to ensure the safety of the personal and property safety of the owners of the community in accordance with the provisions of the law and the contract. A property management company has a basic obligation to maintain the community roads it manages, and should take snow removal measures in key locations, such as sidewalks and stairs, in a timely manner after snowfall, so as to ensure the safe passage needs of the owners.
On February 27, 2023, the second-instance judgment rejected the appeal and upheld the original judgment.
There was ice at the garage door causing an employee to get into a traffic accident
Court: The property company bears 20% of the liability
On snowy days, the ground of the community is prone to slippery, especially at the door of the garage, which is more prone to freezing. Who is liable if a property employee accidentally gets involved in a traffic accident on the way to work due to a slippery road?
Basic facts of the case: The cleaner had a traffic accident in the community
On October 5, 2019, Ms. Guo went to a property company to engage in cleaning work in a community, and her monthly labor remuneration was 2,100 yuan.
At about 17:09 on December 23 of that year, Ms. Guo drove an electric bicycle and accelerated out of the underground garage from south to north at the exit of the underground garage on the east side of a community. After the accident, Ms. Guo was hospitalized for a total of 23 days, and her injuries constituted a Grade 10 disability.
The court ruled that if the property company was at fault, it was appropriate to bear 20% of the liability
After the fall, Ms. Guo applied for labor dispute arbitration and filed a lawsuit with the court of first instance, requesting confirmation of the existence of an employment relationship with the defendant. The court of first instance ruled in a civil ruling that the relationship between the two parties was not an employment relationship and should be recognized as an employment relationship, and ruled to dismiss Ms. Guo's lawsuit.
In the case of Ms. Guo and Gao Mouhong's traffic accident liability dispute, Ms. Guo had filed a lawsuit before this case, and the case has now been concluded, but the judgment has not yet taken effect. Ms. Guo demanded compensation from a property management company.
The court of first instance held that Ms. Guo caused her own damage in the place where she provided labor services while leaving work, and should bear corresponding liability according to her respective faults in accordance with the law. Ms. Guo's injury was caused by a traffic accident and should bear the primary responsibility for the accident, and Gao Mouhong, who was not involved in the case, should bear the secondary responsibility for the accident and should bear the secondary liability for Ms. Guo's losses. According to the video data, it can be seen that there is an icy road surface at the exit of the underground garage, and Ms. Guo did not ensure safe driving, which was the main cause of the accident. Based on the specific circumstances of the accident, it is appropriate to determine that Ms. Guo should bear 80% of the losses by herself. According to the cleaning service contract submitted by the property management company, the underground garage at the place where the accident occurred belongs to the service scope, and the snow removal and de-icing in winter belong to the service content of the property management company, and the property management company is at fault for not de-icing the iced road surface at the exit of the underground garage, and should bear part of the liability for compensation, and the property management company should bear 20% of the compensation liability within the scope of the loss borne by Ms. Guo.
The first-instance judgment: a property management company compensated Ms. Guo for medical expenses and other losses totaling 26,221.84 yuan. Plaintiff Ms. Guo's other claims were dismissed.
Ms. Guo appealed. On August 25, 2021, the second-instance judgment rejected the appeal and upheld the original judgment.
Equity Warning
Civil disputes involving snow shall be resolved in accordance with the law
For road traffic accidents caused by slippery roads in snowy days, the public security traffic police department should still determine the responsibility for the accident, and determine the tort liability in accordance with Article 76 of the Road Traffic Safety Law of the People's Republic of China.
For the snow and icy road surface in the living quarters, the property management company has the obligation to clean up in a timely and appropriate manner in accordance with the "Property Management Regulations" and other legal provisions and the property service contract. If the property management company violates the provisions or agreements and fails to perform the clean-up obligation in a timely and appropriate manner, the property management company shall bear the corresponding liability for compensation in accordance with the provisions of the Civil Code of the People's Republic of China on safety and security obligations.
Article 14 (6) of the Regulations on Work-related Injury Insurance stipulates that if an employee is injured in a traffic accident or an urban rail transit, passenger ferry, or train accident for which he or she is not primarily responsible on the way to and from work, he or she shall be deemed to have suffered a work-related injury. Although employees may return to the employer's labor discipline if they leave their posts early and go home due to snowy weather, this does not prevent them from being recognized as work-related injuries. Article 6(1) of the Provisions of the Supreme People's Court on Several Issues Concerning the Trial of Administrative Cases Involving Work-related Injury Insurance stipulates that commuting to and from work refers to a reasonable route between the place of work and the place of residence, the place of habitual residence, and the dormitory of the unit "within a reasonable time". "Within a reasonable time" does not refer to the commuting time specified by the employee's employer in order to be recognized as a work-related injury. Therefore, arriving late for work or leaving early from work is still in essence on the way to and from work. Disciplinary offences and work-related injury insurance are different legal relationships, and the two are not necessarily related. If the late arrival or early departure violates the internal rules and regulations of the employer, the employer may impose penalties in accordance with the internal rules and regulations. According to the Regulations on Work-related Injury Insurance, employees cannot be deprived of their right to work-related injury protection because they violate the internal regulations of the employer.
(Hebei Workers Daily reporter He Yaohong)
Source: China Industry Network