On April 1, 2019, the court filed a case for acceptance and served a copy of the complaint and a response notice to the defendant, the Human Resources and Social Security Bureau of Linzi District, Zibo City, and the third person, Ma Jianqiang.
17 (first instance) (2019) Lu 0391 Xing Zhong No.
The person in charge is Bian Yu, a member of the party group of the defendant unit.
Due to the particularity of construction site work, eating, drinking water, and resting on the construction site are behaviors that meet the normal physiological needs of the human body, and are also basic needs to ensure the smooth completion of work tasks.
975 (appeal) Related regulations: Administrative Judgment of the People’s Court of Zibo Hi-tech Industrial Development Zone, Shandong Province (2019) Lu 0391 Xing Chu No.
Meng Qiang, the entrusted agent of the plaintiff Zibo Linzi Lushan Construction Engineering Co., Ltd., Bian Yu, the principal of the defendant Zibo Linzi District Human Resources and Social Security Bureau, Jiao Kunshan, the entrusted agent, and Ma Jianqiang, the third person, attended the proceedings.
The accident injuries suffered by Ma Jianqiang comply with the provisions of Article 14 (1) of the “Work Injury Insurance Ordinance” and fall within the scope of work injury recognition.
4.
The injuries suffered by the appellant were “other injuries related to the performance of work duties and within a reasonable area during working hours.” They were caused by drinking drinking drinking water poisoned by Bai Huaizhong, a worker of the appellant’s company.
Secondly, there is no labor relationship between the company and the third person, Ma Jianqiang.
343 Criminal Adjunctive Civil Judgment, proving that the poisoning injury caused by the third person, Ma Jianqiang, was not caused during working hours, in the workplace, or due to work reasons.
238 (second instance), (2020) Lu Xingshen No.
(2017) Lu 0305 Xing Chu No.
Although the plaintiff paid wages to third parties, this was the payment of wages by the plaintiff for the actual construction personnel of the project, and the defendant has no right or simply cannot conclude that the plaintiff and Ma Jianqiang have a labor relationship based on this.
Legal representative: Wang Dexue, General Manager.
Legal representative: Zhu Boxue, Director General.
3.
As the actual construction personnel do not have employment qualifications, it does not affect the company to become a company bearing industrial injury insurance liability: (2019) Lu 0391 Xing Chu No.
At the same time, it was proved that the defendant had not undergone labor arbitration and had not examined whether the plaintiff had a labor relationship with Ma Jianqiang, which means that the determination of the work injury decision document procedure was illegal.
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(hereinafter referred to as “Lushan Construction Engineering Company”) sued that the defendant Linzi District Human Resources and Social Security Bureau determined that the third person Ma Jianqiang was injured at work without factual and legal basis.
The plaintiff, Lushan Construction Engineering Company, submitted the following evidence to this court: 1.
Plaintiff Zibo City ×× Lushan Construction Engineering Co., Ltd.
The trial of this case has now been concluded.
The plaintiff, Zibo Linzi Lushan Construction Engineering Co., Ltd., filed an administrative lawsuit against the defendant, Linzi District Human Resources and Social Security Bureau, Zibo City, for industrial injury administrative confirmation on March 24, 2019.
The typical legal recognition case of a company where the employees are migrant workers hired by the actual construction personnel is that they are only paid migrant workers’ wages from the actual construction personnel’s project funds instead of the employees, which is the reason for the absence of labor relations with the company.
They are now recognized as work injuries.
1.
The entrusted agent is Meng Qiang, a lawyer from Shandong Shanglian Law Firm.
On September 25, 2018, the defendant, the Human Resources and Social Security Bureau of Linzi District, Zibo City (hereinafter referred to as “Linzi District Human Resources and Social Security Bureau”), confirmed that on or about September 7, 2016, in Zibo City ×× During his work at Building 2, Jinxiu Mansion, the construction site of Lushan Construction Engineering Co., Ltd., Ma Jianqiang drank water intentionally poisoned by Bai Huaizhong (intending to harm his colleague Bian Changjun).
The third person, Ma Jianqiang, male, born on November 14, 1982, is a Han nationality, who is the project technical director of Linzi Zhutai Construction Engineering Co., Ltd., and lives in Linzi District, Zibo City.
It should be recognized as an occupational injury.
17 https://wenshu.court.gov.cn/website/wenshu/181107ANFZ0BXSK4/index.html?docId=4L13DrbIdExFm9kSVjSjkPxQ4or5OZZiZQiSvBoCO16oQsQjtPcVZp/dgBYosE2g4ZHa2k +V5eU+vdlqpwKoEru9wp98g1PgeJOqeLvkNBFBPkjcxOTT3oYakXnKbVRQ Query time: 9:05, March 21, 2023 The plaintiff, Zibo Linzi Lushan Construction Engineering Co., Ltd., is located at 173 Jixia Road, Linzi District, Zibo City.
The defendant, Human Resources and Social Security Bureau of Linzi District, Zibo City, has an organizational code of 11370305004219528J and a domicile at No.
Drinking water poisoning on the construction site should be considered as an injury caused by work reasons during working hours and in the workplace.
The entrusted agent is Jiao Kunshan, male, a staff member of the defendant’s unit.
After discovering physical discomfort on September 10, 2016, Ma Jianqiang entered the People’s Hospital of Linzi District, Zibo City for treatment on September 12, 2016, diagnosed as thallium poisoning and liver damage, and was transferred to the 307th Hospital of the People’s Liberation Army of China for treatment.
First, Ma Jianqiang’s poisoning was not caused by work reasons during work hours or in the workplace, but was caused by intentional criminal acts by others.
The court formed a collegial panel according to law and heard the case in public on June 25, 2019.
2.
9, Huan Road, Linzi District, Zibo City.
Therefore, a lawsuit was filed to the court requesting the revocation of the Linzi District Human Resources and Social Security Bureau’s Linzi District Human Resources and Social Security Bureau’s Linzi District Human Resources and Social Security Bureau’s Linzi District Human Resources and Social Security Bureau’s Linzi District Human Resources and Social Security Bureau’s Linzi District Human Resources and Social Security Bureau’s Linzi District Human Resources and Social Security Bureau’s Linzi District Human Resources and Social Security Bureau’s.
The lunch break and drinking water at the construction site are the behaviors of laborers that are inseparable, reasonable, and necessary for the completion of normal work during their labor process.
The reason why the unit believes that the employee is injured due to non working hours, workplace, and work reasons cannot be established.
