Grassroots lawyers also have spring

Chapter 555 Is Sudden Death After Drinking a Work Injury?
At [-]:[-] p.m., Wang Chuan rushed to Wanhui Company on the side of China World Trade Center.

Wanhui Company was originally a client developed by Lao Niu. Wang Chuan had served for a period of time. Since Lao Niu quit the legal profession, Wanhui Company's legal consultant contract expired and did not renew the contract. The other party has not contacted for more than a year Passed Wang Chuan.

This time, Manager Zhao from the Human Resources Department of Wanhui Company contacted him suddenly and asked him to go to the company at his convenience and said that he had something to consult. Wang Chuan thought for a while, since the customer took the initiative to contact him, he should go. Anyway, there is nothing else in the afternoon. Arrangement, maybe we can talk about a legal adviser back.

"Lawyer Wang, please make a trip, I'm really sorry! The main reason is that our company's affairs are more troublesome, and I can't explain clearly on the phone." In the meeting room, opposite Wang Chuan was a man in his 30s, wearing dark professional attire and light makeup. The woman apologized.

She is Manager Zhao of the Human Resources Department of Wanhui Company.

It stands to reason that Wang Chuan is not Wanhui's legal counsel now, and if Manager Zhao asks him out, he can find an excuse and ask Manager Zhao to go to the law firm to talk.

But after Wang Chuan received the text message, he rushed over quickly, which made Manager Zhao feel grateful. He felt that he was very dedicated.

"Manager Zhao, you're welcome. We used to cooperate very happily. Although our law firm is not your company's legal counsel now, our friendship is still there. I will definitely come to your company if you have something to do.

Did you see Mr. Kang? "Wang Chuan wanted to meet Mr. Kang by the way to see if there was a chance to sign a legal adviser.

Wang Chuan's words warmed Manager Zhao's heart: "Mr. Kang has gone to other provinces. Mr. Kang asked me to find you. He said that you are more reliable in terms of labor and management."

"What do you want to inquire about?" Wang Chuan asked with a smile.

"There is an employee in our company. He is a sales executive. At the beginning of December last year, the company gave back to old customers and invited them to dinner. He was happy to drink a few more glasses that day. The banquet ended at night, and my colleagues were stunned when they saw that he drank a lot Yes, I drove him back.

As a result, he didn't come to work at the company early the next morning. When we called to inquire about the situation around noon, we heard his daughter-in-law crying, crying and shouting, and couldn't explain clearly.

Finally, his neighbor told us that because he drank alcohol last night, his wife wanted him to sleep more this morning, but he didn’t wake up until after ten o’clock. His wife went to the house to wake him up, but no matter what she called Can't wake up, no response at all.His wife hurriedly called the emergency call.

More than ten minutes later, the doctor from the rescue center came to her home and found that the pupils of both eyes were dilated and his limbs were stiff. It was hopeless and he was pronounced dead at that time.

Her daughter-in-law passed out at that time. When we called, she had just been rescued and was crying.

Later, Mr. Kang asked me to take a few employees of the company to visit his family members on behalf of the company, and at the same time help his family with funeral affairs.

Later, I accompanied his wife to the public security department to obtain a death certificate.The death certificate stated Sudden Drunk Death!
After the body was cremated, the company applied to the Human Resources and Social Security Bureau for identification of work-related injuries. At the end of December, the company received the "Decision Not to Identify Work-related Injuries" from the Human Resources and Social Security Bureau.

I consulted the lawyer hired by the company with the "Decision on Not Recognizing Work Injury". The lawyer suggested that the company apply to the municipal government for administrative reconsideration. As a result, the municipal government made a decision a few days ago and maintained the "Decision of Human Resources and Social Security Bureau" Decision on Disapproval of Work Injury.

The lawyer also suggested that we sue for settlement. He said that the death of drunkenness does not necessarily mean that the work-related injury cannot be identified. Article 30 of the "Social Security Law" implemented on July [-], [-] emphasized the relationship between drunkenness and employee death. As for the causal relationship, the Human Resources and Social Security Bureau made a conclusion before the cause of death of the employee was found out, and it was far-fetched to determine that the employee did not constitute a work-related injury.

Mr. Kang asked me to consult you again and listen to your opinion. " Manager Zhao said.

Obviously, Mr. Kang didn't trust that lawyer a little bit, otherwise he wouldn't have asked Manager Zhao to come to Wang Chuan.In fact, many company bosses are like this. They rely on lawyers, but they don't trust lawyers too much. They always want to listen to more lawyers' opinions.

"First of all, I don't comment on the opinions of your company's legal counsel. I only analyze your company's affairs. Please understand!" Wang Chuan said.

He doesn't want to comment behind his back or belittle his peers in exchange for business, because this is against his practice philosophy. It is not easy for everyone to be a peer, so why bother!
"Well, that's what we mean too. We want to hear your analysis and opinions on this matter. Here are the relevant documents." Manager Zhao said and handed a stack of documents to Wang Chuan.

"In fact, the wine culture in our country has a long history. In reality, whether it is a party or a business discussion, it is often necessary to treat guests to dinner.

In the process of treating guests to a meal, drinking will definitely be involved, and there is no banquet without wine!Therefore, it is normal to invite customers to drink wine.But once you drink too much, you can easily become "drunk".

If an employee only needs to be "drunk", it cannot be recognized as a work-related injury and cannot receive work-related compensation, which is actually very unfair to the employee.

At present, the legal provisions involved in identifying work-related injuries mainly include the "Social Insurance Law" and the "Regulations on Work-related Injury Insurance".

First of all, the "Social Insurance Law" is more effective than the "Regulations on Work-related Injury Insurance", so when there is an inconsistency between the two, the former provisions should be used as the basis for judgment, that is to say, the court should use the "Social Insurance Law" as the basis for judging the case.

Article 30 of No. [-] of the "Social Insurance Law" stipulates that if an employee is injured or killed at work due to any of the following circumstances, it will not be considered as a work-related injury: ([-]) intentional crime; ([-]) drunk or drug abuse; ([-]) self-harm or suicide; [-]) Other circumstances stipulated by laws and administrative regulations.

Article No.30 seven emphasizes the causal relationship between drunken behavior and death consequences, that is to say, if an employee dies due to drunkenness, it cannot be recognized as a work-related injury.Conversely, even if there is drunkenness, the possibility of being identified as a work-related injury cannot be ruled out.

For example, in the company cafeteria to entertain customers, take a taxi home after being drunk, and there is a car accident on the way home from the company, and the death is caused by the car accident, the death in this case is not caused by drunkenness, and it can be recognized as a work-related injury.

Going back to your company's case, I personally think that there is a death certificate issued by the public security department, which proves that the employee died suddenly after drinking.

Moreover, according to the inspection report of the Judicial Appraisal Center of the Public Security Department, the ethanol content in his blood was 330 MG per [-] ML, and the appraisal concluded that he died suddenly after drinking.

With reference to the judgment standard for drunk driving, if the blood alcohol content per [-] ML reaches more than [-] MG, it is considered drunk driving.The blood alcohol content of this employee of your company is far higher than this standard, which is obviously a case of drunkenness.

Therefore, according to the provisions of the "Social Security Law", even if the lawsuit is brought to the court, there is a high probability that the employee's death cannot be recognized as a work-related injury. "Wang Chuan said.

(End of this chapter)