As an important part of the protection system for workers' rights and interests, the determination of work-related injuries is related to the vital rights and interests of workers and has received widespread attention from the society.
On April 24, the Pinggu Court held a press briefing on typical cases involving administrative confirmation of work-related injuries, introducing the trial of cases in the Pinggu Court in the past five years and informing the top ten typical cases. Beijing Municipal People's Congress deputies saw Guofan, and Pinggu District People's Congress representative Liang Xiuwen attended the meeting.
According to Zheng Shujun, president of the administrative tribunal of the Pinggu Court, from 2019 to 2023, the Pinggu Court heard a total of 56 administrative confirmation cases of work-related injuries, and the labor groups confirmed work-related injuries were mainly concentrated in the fields of construction workers, takeaway riders, freight drivers, railway cleaners, catering employees, etc. There are widespread problems of non-standard employment methods, which are reflected in the fact that there are often unclear labor relations between workers and employers, labor dispatch, illegal subcontracting, overage employment, and failure to sign labor contracts.
Zheng Shujun mentioned that the above reasons lead to a trilemma in the process of administrative law enforcement of work-related injuries, which requires comprehensive analysis and comprehensive consideration by the work-related injury identification authority. The main reasons are: it is difficult to determine working hours, such as whether it is a working time in the case of flexible employment occupations and when the employer provides accommodation, work breaks, etc.; it is difficult to identify the workplace, such as whether it is recognized as a workplace under special circumstances such as on a construction truck or on the way to a restaurant; it is difficult to determine the cause of a work-related injury, such as whether it can be recognized as a work-related injury under the circumstances of lagging time for medical treatment, going out for medical treatment in a different place for business, or being injured in activities organized by the unit.
At the meeting, Judge Zhang Yue of the Administrative Division of the Pinggu Court released the top ten typical cases of administrative confirmation of work-related injuries, and selected three of them for key notifications.
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In a case of self-signed compensation agreement, the food delivery driver signed a compensation agreement with the company after being injured in a traffic accident while delivering food, and agreed in the agreement that the work-related injury would not be determined. Later, because the negotiated amount could not cover the medical expenses, the food delivery worker applied to the social security department again for a work-related injury determination and received support. The court reminded that laws and regulations have clear provisions on work-related injury insurance benefits, items and amounts, and the mandatory provisions of the law cannot be changed due to the agreement or unilateral commitment of both parties, and the compensation agreement cannot prevent the determination of work-related injuries.
In a case of non-payment of social security by an employer, Mr. Wang worked for a company, and during the period of the labor contract, the company did not pay social insurance for Mr. Wang in Beijing, and he personally paid basic pension insurance in the form of a flexible employee at the place of household registration. Later, Wang was injured while participating in the company's activities, and the court found that the company could not be exempted from the obligations that the company should bear, nor did it affect the determination of the work-related injury made by the social security department against Wang. The court reminded that it is the legal obligation of the employer to pay work-related injury insurance for employees, and the employer shall fulfill the obligation to pay social insurance in accordance with laws and regulations.
In a case of substantial resolution of work-related injury disputes, Han died in a traffic accident while driving an electric vehicle on the way to work, and the social security department determined that Han was injured at work, and Han's relatives filed a civil lawsuit demanding that the company bear the liability for compensation. After mediation by the civil department of the court, the injured employee and the employer reached an agreement on the issue of civil compensation, and the employer took the initiative to apply for withdrawal of the administrative lawsuit. The court reminded that work-related injury determination cases often involve both administrative litigation and civil compensation disputes, and suggested that the injured employee and the employer should actively cooperate with mediation and resolution from the perspective of solving the problem, which is not only conducive to reducing their own litigation burden, but also conducive to substantively resolving disputes and safeguarding the rights and interests of all parties.
At the scene, Zhou Cailing, Secretary of the Party Group and Director of the Pinggu District Human Resources and Social Security Bureau, on behalf of the Pinggu District Human Resources and Social Security Bureau, and Zhang Jiuxin, Vice President of the Pinggu Court, on behalf of the Pinggu Court, jointly established the Pinggu Court in the Pinggu District Human Resources and Social Security Bureau "Guarding the Law Popularization Station". "The Pinggu Court will take this opportunity to continue to deepen the protection of the legitimate rights and interests of workers, actively promote the innovation of trial methods, and work with the Pinggu District Human Resources and Social Security Bureau to strengthen communication, coordination and linkage, jointly build harmonious labor relations, and help the sustainable and stable development of the jurisdiction." Zhang Jiuxin said.
Wang Lifeng, deputy director of the Pinggu District Human Resources and Social Security Bureau, staff members of relevant departments, deputies to the people's congresses at the two levels in the urban area, representatives of more than 50 enterprises in Pinggu District, and representatives of some media reporters attended the press briefing.
A statement was made by a representative
Jian Guofan, deputy to the Beijing Municipal People's Congress and secretary of the Party Committee of Beijing Pinggu District Hospital of Traditional Chinese Medicine: With the development of employment forms, workers' working methods, working hours and working locations are more flexible, and the identification of work-related injuries has attracted more attention from workers. This press conference analyzes the trial situation and characteristics of such cases, which not only provides law enforcement suggestions for administrative authorities, but also provides guidance for employers and employees to protect their own rights and interests.
Liang Xiuwen, deputy to the Pinggu District People's Congress and director of Beijing Wenzheng Law Firm: This press conference not only analyzed the trial of administrative confirmation cases involving work-related injuries, but also released the top ten typical cases that are very practical, which not only reminds employers of legal risks, but also popularizes legal knowledge for workers, which is of great help to the implementation of judicial protection functions and the protection of the legitimate rights and interests of workers.
Contributed by: Pinggu Court
Photo: Zhao Xuexiao
Editor: Zhao Xuexiao Xiao Fei
Review: Zhang Lei