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There is no liability because the worker's intoxication is not considered a work-related injury.
According to 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) 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.
Article 16: Where an employee meets the requirements of Articles 14 and 15 of these Regulations, 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 addiction;
3) Self-harm or suicide.
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When working and working in the unit, you must abide by the rules and regulations of the unit. If the employer clearly stipulates in the rules and regulations that alcohol is not allowed during work, the employer shall not be liable for any compensation for the work-related injury caused by the employee's illegal drinking; If the employer does not clearly stipulate that the employer does not inform you whether it is okay to drink alcohol, and the employer shall bear most of the responsibility for the work-related injury. I hope mine satisfies you, hopefully, thank you!
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Hello, depending on the specific situation, you can apply for work-related injury recognition first.
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Legal analysis: drunkenness**, whether it is considered a work-related injury or not needs to be determined according to the specific situation of the bank. The situation of drunkenness causing ** is excluded from the scope of work-related injury, mainly drunkenness is a personal behavior, and some laws and regulations of the country prohibit working while drunk, such as prohibiting drunk driving.
Therefore, various accidents caused by drunkenness that lead to loss of control of behavior cannot be treated as work-related injuries. However, if the employee is drunk during the work and entertainment period, the work-related injury cannot be recognized according to the law, and the corresponding compensation can be claimed according to the circumstances.
Legal basis: Article 14 of the Regulations on Work-related Injury Insurance 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) Injured in an accident in the workplace before or after working hours, from preparatory or finishing work related to work;
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 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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1.According to the circumstances described, the injury cannot be recognized if the intoxication causes **.
2.According to Article 16 of the Regulations on Work-related Injury Insurance, if an employee meets the requirements of Articles 14 and 15 of these Regulations, but under any of the following circumstances, he or she 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 addiction;
3) Self-harm or suicide.
3.The standard of drunkenness is implemented in accordance with Article 10 of the Several Provisions on the Implementation of the Social Insurance Law of the People's Republic of China, and in accordance with the Threshold and Test of Blood and Breath Alcohol Content of Vehicle Drivers (GB19522-2004). Testing conclusions, diagnosis certificates, and other materials issued by the traffic management departments of public security organs, medical establishments, and other relevant units in accordance with law may be used as the basis for determining intoxication.
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