Whether the death of a customer drinking alcohol is a work related injury

This point is indeed a work-related injury, because it is indeed working for the company, and the benefits obtained also belong to the company, so this is a work-related injury, and the company should compensate after the death.

It is clearly stated in the work-related injury regulations that death from drinking alcohol cannot be recognized as a work-related injury, and this is a bad practice and will not be advocated by law. However, in practice, due to the special national conditions, it is also common to drink alcohol because of work needs, so there are differences in the judgments of judges in various places.

Drinking with customers should not be considered a work-related injury, and there is no such article in the definition of work-related injury, in this case, the unit can compensate, and the employee can not make the employee's family feel cold for the benefit of the unit.

Accompanying a client to drink alcohol and die can be regarded as a death in the line of duty.

But there are conditions for becoming a martyr in the line of duty, not all of them will be.

First of all, the deceased must have been assigned by the unit and arranged by the leader. If the deceased was drunk, it would be difficult.

Second, there must be evidence to prove that eating together is for official business before it can be a death in the line of duty.

Therefore, if wine is a good thing, you should pay attention to the right amount, and you can't put your life into it for the sake of business.

Gone! Reputation should still be given.

I checked the relevant information, mainly depending on the time and timing of drinking, whether the death of accompanying the customer to drink is considered a work injury.

Court of First Instance: Vomiting during the delivery of passengers can be regarded as onset of illness during working hours and on the job, and should be regarded as a work-related injury.

Court of Second Instance: The nature of accompanying clients to dinner does not fall within the scope of normal work.

1. Whether the death of drinking with a customer is considered a work-related injury.

1. Death from drinking with customers is not considered a work-related injury. However, it may be omitted to require the unit to bear the liability for compensation. Work-related injuries are caused by the performance of routine work and work temporarily assigned or agreed by the administration of the enterprise, the performance of work that is not designated by the administration of the enterprise but is beneficial to the enterprise in the event of an emergency, and the work of invention or technological improvement.

2. Legal basis: 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) 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;

3) Injured by violence or other accidents during working hours and in the workplace due to the performance of work duties;

4) Suffering from occupational diseases;

5) Injured or unaccounted for in an accident while away for work;

6) Injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train for which they are not primarily responsible;

7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.

2. Although an employee meets the criteria for determining work-related injuries, but in any of the following circumstances, it shall not be recognized as a work-related injury or treated as a work-related injury:

1. Intentionally committing a crime;

2. Drunk or drug-addicted;

3. Self-harm or suicide.

Legal Analysis: Not counted. The original imitation combustion cause is as follows:

1. Drinking alcohol is not a normal scope of work.

According to the Regulations on Work-related Injury Insurance, a person who dies of sudden illness or dies within 48 hours after rescue is ineffective during working hours and at work is regarded as a work-related injury. In this case, Chen was for the purpose of negotiating business, and accepted the company's manager's arrangement to accompany the client to eat and drink, and to a certain extent, he drank for the needs of work, which seemed to meet the criteria for determining work-related injuries. However, the social insurance administrative department and the people's court held that the scope of "work-related reasons" cannot be expanded indefinitely when determining work-related injuries, and that drinking alcohol is not an inevitable requirement for carrying out work and negotiating business, and that drinking alcohol cannot be regarded as a normal scope of work.

2. Drunkenness shall not be recognized as a work-related injury or treated as a work-related injury.

According to Article 16 of the Regulations on Work-related Injury Insurance, even if an employee suffers an injury that meets the criteria for being recognized as a work-related injury or deemed to be a work-related injury, if the employee is intoxicated or taking drugs, it shall not be recognized as a work-related injury or deemed to be a work-related injury in accordance with the law. Therefore, even if the accompanying guest drinks because of the needs of work, if the death is caused by drunkenness, it cannot be recognized as a work-related injury according to law.

Legal basis: 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) 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) Injured by violence or other accidents during working hours and in the workplace due to the performance of work duties;

4) Suffering from occupational diseases;

5) Injured or unaccounted for in an accident while away for work;

6) Injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train for which they are not primarily responsible;

7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.

Article 15 An employee shall be deemed to have suffered a work-related injury under any of the following circumstances:

1) Died of a sudden illness during working hours and at work, or died within 48 hours after rescue efforts failed;

2) Suffering harm in emergency rescue and disaster relief or other activities to preserve national or public interests;

3) Employees who previously served in the army, were disabled due to war or duty injuries, and have obtained the certificate of revolutionary disabled soldiers, and were injured after arriving at the employer.

Where employees have any of the circumstances in items (1) or (2) of the preceding paragraph, they shall enjoy work-related injury insurance benefits in accordance with the relevant provisions of these Regulations; Employees who have the circumstances in item (3) of the preceding paragraph shall enjoy work-related injury insurance benefits other than a one-time disability subsidy in accordance with the relevant provisions of these Regulations.

It is a work-related injury. Entertainment for business is a kind of duty act on behalf of the employer, which is based on the work needs of the employing unit and is the extension of work, and the entertainment for business has the time and space elements stipulated in the Regulations on Work-related Injury Insurance. The death of an employee due to work-related alcohol consumption shall be regarded as a work-related injury.

Legal basis] Article 14 of the Regulations on Work-related Injury Insurance, if an employee has any of the following circumstances, it shall be recognized as 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) Being injured by violence or other accidents during working hours and in the workplace due to the performance of work duties;

4) Suffering from occupational diseases;

5) Injured or unaccounted for in an accident while away for work;

6) Injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train for which they are not primarily responsible;

7) Other circumstances that shall be recognized as work-related injuries as provided by laws and administrative regulations.