Before before long, the introduced from the northern and western nationalities or from abroad gentleman of Nanjing dines together after the company works overtime, traffic accident is encountered in road coming home, cause costal fracture. Can this kind of circumstance calculate inductrial injury?
That day, introduced from the northern and western nationalities or from abroad gentleman opens regular meeting hind in the company, squad group leader organizes everybody to have dinner in employee dining room. In road coming home after the meal, rib broke several.
After accident happening, one group cognizance Hu Mou loses management board of traffic of Nanjing city public security bureau cannot hold responsibility. Location firm shows, after introduced from the northern and western nationalities or from abroad gentleman comes off work, did not come home directly, drink together in unit dining room and other employee however nearly two hours, traffic accident just produces later, did not concern with the job, be not "" of reasonable line of "" of " reasonable time to commute the " in road.
Court of people of division of Nanjing city incredible connecting with the boxing skill makes civil court decision, cognizance Hu Mou assumes the liability to pay compensation of 50 ％ with respect to this accident.
Location firm refuses to obey, application administration is reconsidered. Bureau of company of Nanjing city person keeps inductrial injury decision. This company mentions lawsuit of politics of start on a journey then. 2 careful maintain Nanjing quadrangle to adjudicate formerly. Harm of reason of this be related is maintained finally to be inductrial injury.
Beijing is become greatly (Nanjing) Chen Yue of attorney office solicitor male express, the court thinks via cognizance, introduced from the northern and western nationalities or from abroad gentleman comes home after the company dines together the time that contingency produces in road, the " that belongs to legal provision commutes the " in road. In addition, although hand in tubal branch to cannot hold the responsibility of party, but social security branch is based on the principle that tilts to laborer, made the cognizance of inductrial injury, this also is reasonable.
Lawyer proposal
1, set according to law, in place of working hours, work, because work harm of reason happening accident, contract occupational disease, or commute oneself are not in road the traffic accident harm of main responsibility, belong to inductrial injury.
2, after accident happening, laborer is receivable collect arranges good labor contract or salary extends record of record, check on work attendance, the accident of the branch that make a valve holds a book, the diagnosis of the hospital proves to wait for material, apply for inductrial injury appraisal as soon as possible.
3, to maintaining disaffected, can up one class branch mentions reconsider, still can mention lawsuit of politics of start on a journey.
