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Wang Changhuai v. Bureau of Labor and Social Security of Xuyi County, Jiangsu Province (dispute over administrative determination of work-related injury)
王长淮诉江苏省盱眙县劳动和社会保障局工伤行政确认案
【法宝引证码】

Wang Changhuai v. Bureau of Labor and Social Security of Xuyi County, Jiangsu Province (dispute over administrative determination of work-related injury)
(dispute over administrative determination of work-related injury)
王长淮诉江苏省盱眙县劳动和社会保障局工伤行政确认案

Wang Changhuai v. Bureau of Labor and Social Security of Xuyi County, Jiangsu Province
(dispute over administrative determination of work-related injury)

 

王长淮诉江苏省盱眙县劳动和社会保障局工伤行政确认案


[Case Summary]
 
[裁判摘要]

Article 14 of the Regulation on Work-related Injury Insurance provides that if an employee is injured in an accident while working at the workplace during working hours, he shall be determined to have suffered a work-related injury. The term “workplace” referred to in this case means the site where the employee performs his work, for instance, a workshop where the employee physically works, rather than the specific working post he undertakes. If the employee is injured in an accident, even if this is due to “post hopping” during working hours, it shall be considered as meeting the conditions for determining work-related injuries, as long as it occurs during working hours, at the workplace and due to performing work. This indicates that “post hopping” or not will not affect the determination of work-related injuries.
 
根据《工伤保险条例》第十四条的规定,职工在工作时间和工作场所内,因工作原因受到事故伤害的,应当认定为工伤。这里的“工作场所”,是指职工从事工作的场所,例如职工所在的车间,而不是指职工本人具体的工作岗位。职工“串岗”发生安全事故导致伤害的,只要是在工作时间和工作场所内、因工作原因而发生的,即符合上述工伤认定条件,“串岗”与否不影响其工伤认定。

BASIC FACTS
 

Plaintiff: Wang Changhuai, male, 46 years old, worker of Jiangsu Sida Medical Technology Co. Ltd, domiciled at Taoyuan Lane, Xucheng Town, Xuyi County, Jiangsu Province.
 
原告:王长淮。

Defendant: The Bureau of Labor and Social Security of Xuyi County, Jiangsu Province, domiciled at Jinpeng Avenue, Xucheng Town, Xuyi County, Jiangsu Province.
 
被告:江苏省盱眙县劳动和社会保障局。

Third Party: Jiangsu Sida Medical Technology Co. Ltd., domiciled at Hongwu Avenue, Industrial Park, Xuyi County, Jiangsu Province.
 
第三人:江苏思达医药科技有限公司。

The Plaintiff, Wang Changhuai, filed a lawsuit with the People's Court of Xuyi County, Jiangsu Province, as he objected to the conclusion on work-related injury determination made by the defendant, the Bureau of Labor and Social Security of Xuyi County, Jiangsu Province (hereinafter referred to as the “Bureau of Labor Security of Xuyi County”). Since the Jiangsu Sida Medical Technology Co. Ltd. (hereinafter referred to as the “Sida Company”) had an interest in the specific administrative act in dispute in this case, the court informed the Sida Company to participate in the proceedings as a third party in accordance with Article 27 of Administrative Procedure Law of the People's Republic of China.
 
原告王长淮因不服被告江苏省盱眙县劳动和社会保障局(以下简称盱眙县劳保局)工伤认定结论,向江苏省盱眙县人民法院提起诉讼。因本案被诉具体行政行为与江苏思达医药科技有限公司(以下简称思达公司)有利害关系,依照《中华人民共和国行政诉讼法》第二十七条的规定,法院通知其作为本案的第三人参加诉讼。

The Plaintiff, Wang Changhuai, alleged that he had been working for the Sida Company since 2007. On May 22, 2008, Xu Jianhua, a workshop director of the Sida Company, when arranging the Plaintiff to do cleaning, informed him that he would follow and learn from Zhang Haijun, a master worker, the next day. During the break, the Plaintiff saw Zhang Haijun preparing materials on a workbench. The Plaintiff wanted to familiarize himself with the situation in advance and thus followed Zhang Haijun to the workbench to watch him work. Due to an equipment malfunction, an alcohol spillage accident occurred at the post of alcohol regeneration resulting in an immediate possibility of an explosion. All the workers present, including the Plaintiff, jumped out of the windows of the site of the accident. The Plaintiff broke both of his feet as a result of the jump. This was diagnosed as bilateral calcaneal fractures by the Chinese Medicine Hospital of Xuyi County. On February 21, 2009, the Plaintiff filed an application for a determination of work-related injury with the Defendant, the Bureau of Labor Security of Xuyi County. On April 16, 2009, the Defendant determined that it was not a work-related injury on the basis that the Plaintiff was injured while post hopping. The Plaintiff then requested the court to rule that the Defendant should re-conduct the specific administrative act and determine the Plaintiff as having suffered a work-related injury.
 
原告王长淮诉称:2007年起原告进入思达公司工作。2008年5月22日,公司的车间主任徐建华安排原告打扫卫生时告知原告次日跟随张海军师傅后面工作。休息时,原告看见张海军备料至工作台,想提前熟悉情况,即跟随张海军到工作台旁观看张海军操作。由于设备故障,回收酒精岗位发生酒精溢料事故,随时有爆炸可能,工人均从工作现场窗户跳出。原告在跳落地面时双足摔伤,经盱眙县中医院诊断为双侧跟骨骨折。2009年2月21日原告向被告盱眙县劳保局申请工伤认定。被告于2009年4月16日认定原告受伤事故因串岗而不属于工伤。原告遂请求法院依法判令被告重新作出认定原告为工伤的具体行政行为。

The Plaintiff, Wang Changhuai, provided the following evidence:
 
原告王长淮提供了以下证据:

 
1. Decision on Determination of Work-related Injury of Xuyi County (No. 011 [2009]) made by the Defendant, the Bureau of Labor Security of Xuyi County, on April 16, 2009, and Decision of Administrative Reconsideration of the People's Government of Xuyi County (No.4 [2009] ) to prove the existence of the sued specific administrative act; 1.被告盱眙县劳保局于2009年4月 16日作出的盱劳社工伤认字(2009)第011号《盱眙县工伤认定决定书》,盱政行复决字(2009)第4号《盱眙县人民政府行政复议决定书》,证明被诉具体行政行为存在;

 
2. The discharge records provided by the Chinese Medicine Hospital of Xuyi County as evidence of the fact that the Plaintiff was hospitalized as a result of his injury and subsequently diagnosed as suffering from bilateral calcaneal fractures; 2.盱眙县中医院出院记录,证明原告王长淮受伤住院诊断为双侧跟骨骨折的事实;

 
3. The statement of the Plaintiff alleging that Xu Jianhua, the workshop director, informed him in the process of his cleaning that he was to follow Zhang Haijun at work the next day; the fact that the Plaintiff saw Zhang Haijun dragging materials to the alcohol regeneration workshop while he and his colleagues were taking a break after they had finished cleaning, and that he then followed Zhang Haijun to the alcohol regeneration workbench where the accident occurred. 3.原告王长淮的陈述,证明其在打扫卫生过程中,车间徐建华主任告知原告次日跟张海军师傅后边做。原告等几人打扫完卫生后在休息时,看张海军拖料来到回收酒精车间,原告跟张海军师傅到回收酒精工作台后发生事故过程的事实;

 
4. The testimony of He Jiandong, one of the Plaintiff's colleagues from the same cleaning team, to prove that He Jiandong had heard Xu Jianhua telling the Plaintiff Wang Changhuai to follow Zhang Haijun at work the next day; that Wang Changhuai had followed Zhang Haijun to the alcohol regeneration workshop, and the accident occurred afterwards; and that He Jiandong himself was arranged by the Sida Company to take care of Wang Changhuai in the hospital. 4.原告王长淮同班组同事何建东的证词,证明何建东听到徐建华对王长淮说过次日跟张海军后边做,随后王长淮跟张海军去到回收酒精车间,再后发生事故及公司安排其去医院护理王长淮的事实。

The Defendant, the Bureau of Labor Security of Xuyi County, argued that: On the morning of May, 22, 2008, Xu Jianhua, a workshop director, assigned Wang Changhuai to do cleaning, and Zhang Haijun and others operated the equipment at the post of alcohol regeneration; and in the process of cleaning, the Plaintiff left his own post to the alcohol regeneration post without authorization. Around 10 a.m. that day, an equipment malfunction caused an accident involving alcohol spillage at the post of alcohol regeneration. The Plaintiff was at a loss as to how to react and jumped out of the windows in a panic, resulting in bilateral calcaneal fractures, which should not be ascertained as work-related injuries. The Defendant requested the court to dismiss the Plaintiff's claim.
......
 
被告盱眙县劳保局辩称:2008年5月 22日上午,公司车间主任徐建华安排原告王长淮打扫卫生,张海军等人在回收酒精岗位操作设备;原告打扫卫生过程中擅自串岗至回收酒精岗位。当日10时左右,由于设备故障,回收酒精岗位发生溢料事故,原告不了解该岗位情况,慌乱中从窗户跳下去,造成其双侧跟骨骨折后果,不属于工伤。请求法院依法驳回原告的诉讼请求。
......

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