工伤认定
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岗前培训期间受伤,能否算工伤?(新闻看法)
Ren Min Ri Bao· 2025-08-26 22:22
Core Points - The case involves a labor dispute regarding whether a labor relationship was established during pre-job training and if an injury sustained during this period can be classified as a work-related injury [1][2] - The court ruled that a labor relationship existed between the employee and the restaurant, as the employee was engaged in training arranged by the employer, which was directly related to the restaurant's main business [2] - The court emphasized that if the pre-job training is necessary, employer-arranged, and the employee is under the employer's management, a labor relationship can be recognized [2] Summary by Sections - **Labor Relationship Establishment**: The court found that communication and arrangements for pre-job training indicated a mutual agreement to establish a labor relationship, despite the absence of a formal written contract [2] - **Injury Recognition**: The court highlighted that injuries occurring during employer-arranged training can be recognized as work-related injuries if a factual labor relationship exists [2][3] - **Next Steps**: Following the confirmation of the labor relationship, the case will proceed to work injury recognition and compensation negotiations [3]
提前离岗下班途中发生交通事故受伤,属于工伤吗?
Ren Min Wang· 2025-08-22 00:52
Core Viewpoint - The court ruled that the injury sustained by the worker during the commute, despite leaving work early, qualifies as a work-related injury under the Workers' Compensation Insurance Regulations [1][2]. Group 1: Case Background - A labor dispatch company sent a worker, Wei, to perform security duties in Urumqi in October 2018. Wei was injured in a traffic accident while walking home after leaving work early on November 4, 2018 [1]. - The labor dispatch company argued that Wei's early departure violated company rules and should not be considered as part of the normal commute, thus contesting the work injury designation [1]. Group 2: Court's Ruling - The court upheld the decision that injuries occurring during the commute, even if the worker bears equal responsibility for the accident, should be recognized as work-related injuries [2]. - The court emphasized that while Wei's early departure was a violation of labor discipline, it did not reach the level of intentional wrongdoing that would negate the work injury classification [2]. Group 3: Legal Interpretation - The court's interpretation aligns with the Workers' Compensation Insurance Regulations, which state that injuries sustained during the commute, when not primarily the worker's fault, are eligible for work injury recognition [3]. - The ruling aims to ensure comprehensive protection under the work injury insurance system, acknowledging the risks workers face during their commutes [3].
韩国男子连续三晚参加公司聚餐饮酒后死亡,法院裁定为工伤
Yang Shi Wang· 2025-08-03 12:29
Core Viewpoint - The Seoul Administrative Court ruled that the death of a man from acute alcohol poisoning after attending three consecutive company dinners in July 2022 should be classified as a work-related injury, overturning a previous decision by the Korean Workers' Compensation and Welfare Corporation [1][2] Group 1: Legal Context - The key legal issue revolves around whether the last dinner constituted a work-related event, with the deceased's family suing to overturn the corporation's refusal to pay compensation for bereavement and funeral expenses [2] - The corporation argued that the last dinner was of a private nature and that the costs were borne by individuals, thus not meeting the criteria for a formal company event [2] Group 2: Court's Rationale - The court determined that the dinner had a clear work-related context, as the deceased was about to undertake a six-month overseas assignment and the dinner involved two new foreign employees who would assist him in that role [2] - The court noted that the high cost of the dinner, exceeding 1 million Korean Won (approximately 5,192 RMB), was not typical for a private gathering, further supporting the classification of the event as work-related [2]
34 岁外包,任劳任怨,突发脑出血,人没了…
程序员的那些事· 2025-07-11 02:44
Group 1 - The article highlights a tragic case of a 34-year-old outsourced worker who suffered a sudden brain hemorrhage and passed away, raising concerns about workplace health and safety [1] - It emphasizes that the "Work Injury Insurance Regulations" classify sudden death from illness during work hours as a work-related injury, suggesting the company should assist the deceased's family in applying for recognition [1] - The article points out that cases of sudden death among technical workers are common, linking factors like overwork and late-night work to health risks such as brain hemorrhages [2] Group 2 - The article advises IT professionals to be cautious about their health, stressing that work is never-ending and that life is irreplaceable [2] - It suggests that companies should promote a healthier work-life balance to prevent such tragic incidents in the future [2]