Pregnant women fell abortion on the way to work on Qujing. Is it a work injury?

Recently, the Labor Labor APP published the first instance of the People’s Court of Qujing City, Qujing City. The second instance of the Qujing Intermediate People’s Court maintained the original judgment of a work injury confirmation case and was praised and praised by netizens.

Brief case

A doctor of a hospital Yang was more than June. At about 7:50 in the morning, she walked to the unit to work at the door of the door of the medical technology building.Then I felt abdominal pain and found a small amount of bleeding in my lower body. Then I stayed in the hospital for treatment of the hospital that night.Yang was then proposed to the Human Resources and Social Security Bureau.

In the procedure of the Human Resources Bureau, the Human Resources and Social Affairs Bureau believed that there was no evidence to prove that Yang’s fall caused abdomen abortion, and made a decision that did not determine work injury.Yang made a decision made by the People’s Court of the Human Resources and Social Affairs Bureau and filed a lawsuit to the People’s Court of Zhanyi District.

First instance results

After trial, the Zhanyi Court believed that Yang had been pregnant for more than June. Even if the abdomen did not contact the ground, it was completely possible to cause abdominal pain due to external forces such as squeezing the fetus after slipping.Under the premise of Yang’s fall, it is not in line with the common evidence of the administrative confirmation behavior of not being determined by work -related injuries.Do not determine the decision of work injury and make the Social Affairs Bureau re -make administrative actions.

The Human Resources and Social Affairs Bureau believes that the existing evidence cannot prove that there is a causal relationship between slipping and abortion, insisting that the injured parts of Yang were limbs during the sliding of Yang, and the abdomen was not injured. It could not be identified as a work injury. He appealed to the Qujing Intermediate People’s Court.

Results of the second instance

After trial, the Qujing Intermediate People’s Court believed that although Yang was not in the working hours when he was injured, he was engaged in preparatory work related to work. Due to work reasons, he fell down at the workplace and was a work injury.When the Human Resources and Social Affairs Bureau fell, the limbs touched the ground, and the abdomen did not contact the ground. Therefore, it was determined that Yang had no injuries to eliminate this causal relationship at that time.There is a considerable causal relationship between the fall and abortion.According to the provisions of Article 14 of the "Regulations on Work Injury Insurance", it should be identified as a work injury, and a second trial judgment shall be made: the appeal is rejected and the original judgment is maintained.

Law link

Preparatory work refers to preparations related to work during a reasonable time before work, such as production workers to receive production tools, prepare raw materials, and check the operation of equipment.Work injury.

Article 14 of the "Regulations on Work Injury Insurance" stipulates that if an employee has one of the following circumstances, it shall be identified as a working injury:

(1) In the working hours and workplace, if the accident is injured due to work reasons;

(2) In the workplace, the preparations or ending work related to work are harmed by accident or ending;

(3) In the working hours and workplaces, accidents such as violence and other accidents due to their work duties;

(4) Diseases of occupational diseases;

(5) During the work of the work, if the work is hurt or the whereabouts of the accident are unknown;

(6) On the way to and from get off work, traffic accidents or urban rail transit, passenger transport, and train accidents that have been subject to non -person’s main responsibility;

(7) Law and administrative regulations should be identified as other circumstances.

Source 丨 Zhanyi Court

Edit 丨 Cai Lisi

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