Commentator: Qiu Yanbo
Helping a colleague twist the cup lid during work hours and being injured, can it still be regarded as a work injury?
According to a report by Xiaoxiang Morning News on July 29, Mr. W, an executive at a company in Shanghai, sought Mr. W's help when his colleague Miss H couldn't unscrew the lid when cleaning the glass in the pantry one day in 2021. Mr. W did not refuse, and accidentally broke the glass when he twisted the lid of the cup, and his left thumb was accidentally cut by the glass, and he went to the hospital for emergency treatment on the spot. Subsequently, Mr. W applied for a work-related injury determination in his own name.
Screwing the cup lid is obviously unrelated to work, and it is helping others to tighten the cup lid, can this be considered a work injury? Unexpectedly, after investigation and verification, the Pudong New Area Human Resources and Social Security Bureau made a decision to identify work-related injuries. The company argued that Mr. W's helping his colleague twist the cup lid was not his job and should not be recognized as a work-related injury, and filed an administrative reconsideration.
The Pudong New Area Government held that Mr. W was injured while helping a colleague unscrew the lid of the cup at work, which was a work-related injury. Article 14 of the Regulations on Work-related Injury Insurance and the Measures for the Implementation of Work-related Injury Insurance in Shanghai have relevant provisions on work-related injuries, and if an employee has any of the following circumstances, it shall be recognized as a work-related injury: (1) If an employee is injured in an accident during working hours and in the workplace due to work-related reasons, it shall be deemed to be a work-related injury. The Pudong New Area Government decided to uphold the decision of the District Human Resources and Social Security Bureau to recognize the work-related injury.
In this seemingly insignificant work-related injury determination case, there is a profound contest between legal principles and human feelings. Mr. W's kindness not only warmed the hearts of his colleagues, but also gave a new annotation to the word "work-related injury" on the balance of the law.
According to the Regulations on Work-related Injury Insurance and the Implementation Measures of Shanghai Municipality for Work-related Injury Insurance, the recognition of work-related injuries is not limited to narrow job responsibilities, but focuses on the broad scope of "working hours", "workplace" and "work reasons". Although Mr. W is not a full-time "cup lid" person, his behavior occurred during working hours and in the workplace, and he was motivated by the good intention of helping colleagues and maintaining a harmonious working environment, which is undoubtedly an extension of his job duties.
The warmth of human affection melts the cold boundary. Behind the cold letter of the law is a heart-warming social emotion. Mr. W's helping hand not only reflects the spirit of mutual help among colleagues, but also is an indispensable part of the corporate culture. If even such a good deed cannot be recognized as a work-related injury, then how can we talk about building harmonious labor relations and safeguarding the legitimate rights and interests of workers? The reconsideration decision of the district government is an affirmation and promotion of this positive value.
Work-related injuries are not only synonymous with mechanical labor injuries, but also misfortunes suffered by workers due to various reasonable and necessary behaviors in the process of performing their job duties. This perspective not only makes the identification of work-related injuries more humane and reasonable, but also provides strong legal support for the construction of more harmonious and inclusive labor relations.
In the fast-paced modern workplace, every small act of kindness can become a bridge that connects people and stimulates energy. For those workers who are unfortunately injured in the course of helping others at work, they should not only be given the work-related injury treatment they deserve, but also let the consensus be transmitted and amplified through policy guidance and social publicity. Only in this way can we jointly create a warmer and more harmonious workplace environment.
The subtleties are seen in the true chapter, and the warmth is shown in the legal principles. The identification of work-related injuries is not a trivial matter, and fairness and justice protect people's hearts. The society should examine every work-related injury case with a more open and inclusive attitude, let the sunshine of the law illuminate every drop of sweat, and let the society's care warm the heart of every worker.