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Anonymous users2024-02-06Personal opinion will not determine the injury of work.
The problem you mentioned should be determined that the work must meet the "three work" conditions, that is, working hours, workplace, and work reasons.
This involves how to define working hours, workplaces, and reasons for work
Working hours: shall be understood to include both the working hours stipulated by the employer and the time required by the employer to work overtime, as well as the preparatory or finishing working hours related to work necessary for the normal work;
Workplace: All areas related to the employee's job responsibilities and reasonable areas that extend naturally, such as rest places, toilets, office rooms, elevators, etc., provided by the unit shall be regarded as workplaces;
Work reasons: The work reasons of the employees themselves should be considered, as well as the imperfect facilities or equipment of the unit, poor working conditions or working environment, poor management, etc.
In the problem, eating a working meal can be regarded as a break time, and the canteen can be regarded as a reasonable extension of the workplace, but it is not the employee's job reason that the employee gets stuck in a fishbone. Therefore, it cannot be recognized as a work-related injury.
If an employee slips and falls while eating, and is violently injured, it is still possible to determine a work-related injury.
Finally, it is recommended to consult the local social security department, and the reply of the local social security department shall prevail.
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Anonymous users2024-02-05In this matter, you should not completely believe the answer of the human resources and social security department, but believe the judgment of the court, and the judgment of the court shall prevail.
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Anonymous users2024-02-04Legal analysis: It is not considered a work-related injury, and an accident that is not caused by work cannot be recognized as a work-related injury.
Legal basis: Article 14 of the Regulations on Work-related Injury Insurance Article 14 An employee shall be deemed to have suffered a work-related injury under any of the following circumstances: (1) he or she is injured in an accident due to work-related reasons during working hours and in the workplace; (2) Being injured in an accident while engaging in work-related preparatory or finishing work in the workplace before or after working hours; (3) During working hours and in the workplace, being injured by violence or other accidents due to the performance of work duties; (4) Suffering from an occupational disease; (5) During the period when they are away for work, they are injured due to work reasons or their whereabouts are unknown in an accident; (6) Injured in a traffic accident for which they are not primarily responsible, or by an urban rail intersection, passenger ferry, or train accident on the way to and from work; (7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.
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Anonymous users2024-02-03It is not considered a work-related injury, and an accident that is not caused by work cannot be recognized as a work-related injury.
Legal basis: Article 14 of the Regulations on Work-related Injury Insurance Article 14 An employee shall be deemed to have suffered a work-related injury under any of the following circumstances: (1) he or she is injured in an accident due to work-related reasons during working hours and in the workplace; (2) Being injured in an accident while engaging in work-related preparatory or finishing work in the workplace before or after working hours; (3) Suffering violence or other accidental injuries due to the performance of work duties during working hours and in the workplace; (4) Suffering from an occupational disease; (5) During the period when they are away for work, they are injured due to work reasons or their whereabouts are unknown in an accident; (6) Being injured in a traffic accident or an urban rail transit, passenger ferry, or train accident for which they are not primarily responsible while commuting to or from work; (7) Other circumstances that shall be recognized as work-related injuries as provided by laws and administrative laws.
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Anonymous users2024-02-02Eating in the company and being stuck by a fish bone is not considered a work injury. Eating is stuck by fish bones and cannot be missed, and it is recognized as caused by work, and does not meet the criteria for recognition as work-related injuries. However, specific applications may be made to the relevant accreditation bodies.
Article 14 of the Regulations on Work-related Injury Insurance.
In any of the following circumstances, it shall be found to be a work-related injury:
1) Being injured in an accident during working hours and in the workplace due to work-related reasons;
(2) Being injured in an accident while engaging in work-related preparatory or finishing work in the workplace before or after working hours;
3) Suffering violent or other accidental injuries during working hours and in the workplace as a result of performing their duties at work;
(4) Suffering from an occupational disease;
(5) During the period when they are away for work, they are injured due to work reasons or their whereabouts are unknown in an accident;
(6) Being injured in a traffic accident or an urban rail transit, passenger ferry, or train accident for which they are not primarily responsible while commuting to or from work;
(7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.
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