Who is responsible for sleeping at night?

Xiaopan is the crew member of a shipping company in Wanzhou. In July 2010, Xiao Pan shipped coal from Chongqing to Chenglingji Port in Hunan Province and had been docked in the port.

On the evening of July 31, it was extremely hot and the crew took a rest on the deck. Xiao Pan also leaned over the railing on the second floor deck of the stern. He took a simple bed with a wooden bench and a refrigerator.

Later, the other crew returned to the cabin and Xiaopan continued to sleep on the deck. At about 4 a.m., Xiao Pan fell on the first floor deck. After diagnosis, Xiao Pan cervical spine 1,2 vertebral fracture and dislocation, 1,2 levels of spinal cord injury and quadriplegia, after identification by the eight levels of disability.

Injury counts as a work-related injury

The shipping company paid Xiao Pan’s full medical expenses during his stay in the hospital, and other compensation costs were unwilling to pay. The shipping company believes that there are sleeping dormitories on board and Xiaopan violated the company’s management regulations. While other crew members are returning to their homes, they still sleep on the deck and should not be considered as work-related injuries.

The result of the labor injury identified in the labor department quickly fell: "We do not recognize work injuries."

Xiao Pan and his family were not satisfied and filed an administrative lawsuit in Wanzhou District Court.

In court, the shipping company pointed out that Xiaopan was not injured during working hours and was not counted as a work-related injury.

After the court found out, it was found that there are three basic elements for recognizing a work injury, namely, workplace, working hours, and work reasons. Xiao Pan is engaged in mechanic work on the ship. The workplace should be the entire ship area.

The daily work and life of the crew is often limited to the ship. The main purpose is to ensure the safety of the ship during normal sailing and berthing. The working hours of the crew should be applied for non-fixed working hours. The crew members are in working condition at any time during the boat, including sleeping time.

Xiao Pan does not comply with the company's management regulations to sleep on the deck, violation of labor discipline, it should be a negligence, does not belong to the "Working Injury Insurance (Safety Insurance) Regulations, Article 16 of the conditions shall not be identified as work-related injuries.

Afterwards, the Wanzhou District Court ruled that the labor department's decision not to identify a work-related injury was revoked and required a specific administrative act.

After the verdict was sent, the shipping company dissatisfied and had two administrative prosecutions. The courts all supported the previous judgment.

Lawyer

Special people who are injured when sleeping are also considered to be injured

"Article 14 of the "Regulations on Work Injury Insurance" stipulates that if an employee suffers accidental injury due to work reasons during work hours and in the workplace, he shall be deemed to have suffered an industrial injury." Member of the Chongqing Evening News Press Lawyers, lawyer of Chongqing Shenda Law Firm He Tianqiang It is said that it is unbelievable to see "sleeping and sleeping out of work injuries" on the surface. However, according to the "Crew Regulations of the People's Republic of China", the crew members work and live on a ship, which is a work of a special nature. It can be seen that Xiao Pan’s injury is in line with the conditions for work-related injuries.

He Tianqiang said that the fact of looking at sleep alone does not seem to be working. However, work is a continuous, complex, multi-factor process that is directly linked to the place, the identity, and the time.

He Tianqiang said that in practice, it is not totally unacceptable for night-shift workers to spend part of their time sleeping. Based on these considerations, it is said that going to work after work is still increasing the degree of acceptability.

“However, this case also explains the importance of safety in production.” He Tianqiang said that if the company's management personnel can strictly ask the crew to go to dorm rest before the accident, or Xiaopan can comply with the company's regulations. Well, such unthinkable things as "sleeping out of work" may not happen.

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