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Immigrant Visa & HR - China

Question

The Main Points of Employment Injury Identification in Shanghai

Answer
A doctor’s sudden death at home in Hubei province was not recognized as an employment injury. After the review, the decision was revoked, and the doctor’s employment injury was re-appointed. This caused everyone to discuss how to determine the standard of employment injury.

Q:
What conditions can be considered as work-related injuries?
A:
  • During work hours and workplaces, those injured by accidents due to work;
  • Those who were injured in an accident during work-related preparatory or finishing work in the workplace before and after working hours;
  • In the working hours and workplaces, due to the performance of duties and duties due to accidental injuries such as violence;
  • Occupational disease;
  • During the period of going out for work, due to employment injury or accident where the whereabouts are unknow;
  • In the course of commuting, being injured by a traffic accident that is not my primary responsibility or an urban rail transit, passenger ferry, or train accident;
  • Other situations that should be recognized as work-related injuries as required by laws and administrative regulations.

Q:
The sudden death of the doctor at home in Hubei does not belong to the above seven situations. After reconsideration, is there any other basis for determining that it is a work-related injury?
A:
According to the "Employment Injury Insurance Regulations", employees are considered as work-related injuries in any of the following situations:

  • Working hours and working positions, death from sudden illness or death by rescue within 48 hours;
  • Those injured in activities such as emergency rescue and disaster relief to safeguard national interests and public interests;
  • Employees who were serving in the army and were disabled due to wars or injuries due to work, have obtained the revolutionary disabled military certificate, and the old injuries recurred after arriving at the employer.

Q:
If the employee feels unwell when he/she is in the working position during working hours, if he/she takes leave and returns to the hospital for treatment or death due to sudden illness, is it a work injury?
A:
Only when there is a sudden illness during working hours and on the job, and he/she need to go to the hospital for emergency treatment can he/she be regarded as a work-related injury. The situation of going to the hospital to treat the death after returning home cannot be regarded as a work-related injury.

Q:
During the epidemic, is it an employment injury if the employee is infected with the COVID-19 after resuming work?
A:
According to the relevant provisions of the “Notice on Medical Workers Infected with COVID-19 due to Performing Work Duties and Related Workers Issues” issued by the Ministry of Human Resources and Social Security, if the employees are not engaged in the prevention of new coronary pneumonia and related workers, the infection of COVID-19 cannot be considered as an employment injury.

Q:
The rainy season in Shanghai has arrived. If the employees fall on the way to get off work due to slipping on rainy days, is it a work injury?
A:
According to the "Work Injury Insurance Regulations", only those who are injured by a traffic accident or urban rail transit, passenger ferry, or train accident that is not the main responsibility of the person during the commute to get off work can be identified as an employment injury. Therefore, if an individual accidentally falls on the way to and from get off work, it cannot be considered a work-related injury.

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