Women were sexually assaulted when they were on duty at night.

category:Global
 Women were sexually assaulted when they were on duty at night.


Encounter: the sex invasion on duty is not identified as a work injury Xiao Fang is an employee of a company. In March 29, 2017, she was on duty in the general machine room of the companys distribution room. When she went to the bathroom, she was attacked by man A Qiang (pseudonym, another case) in the distribution walkway. Xiaofang fought hard and shouted for help. The man gave up the crime and fled the scene. After this encounter, Xiaofang was mentally disturbed and incontinence. She went to a number of hospitals for medical treatment, and Xiangya No.2 Hospital of Central South University diagnosed as stress related disorders. Dispute: whether the sex invasion is due to the duty to perform the job The attorney of the plaintiff said that the employee, Xiao Fang, was subjected to violent aggression when the company was on duty. Although the sexual invasion was unaccomplished, the body and mind were greatly destroyed. According to the regulations of the industrial injury insurance, it should be considered as a work injury. According to the lawyer, the decision made by the Municipal Bureau of social security for failing to identify work-related injuries is unclear and applicable to legal errors. The defendant Municipal Bureau of peoples society argued that the plaintiff, Xiao Fang, had been subjected to sexual assault in the working time and the workplace, not by the violence that had been carried out by the duties of his work, and that it belonged to an accident outside the work and was not a category of violence. Whether the plaintiff Xiaofangs mental disorder is causally related to the sexual assault of others is not proved by relevant evidence. The decision made by the Municipal Peoples social bureau to identify the work-related injury is in line with the relevant provisions of the industrial injury insurance Ordinance and shall be maintained in accordance with the law. There is no dispute over the fact that Xiaofang has been sexually assaulted during work. The focus of controversy in this case is whether Xiaofangs sexual assault is in line with the fourteenth provisions and third provisions of the industrial injury insurance Ordinance. The fourteenth article of industrial injury insurance regulations stipulates that workers who have the following circumstances should be identified as work injuries: accidental injuries such as violence, etc. in the working hours and workplaces, due to the performance of their duties. According to the provisions of this regulation, we should consider the double causality relationship, that is, the causality between the duty of performing the work and the unintentional acts of violence, such as violence, and the causality between the unintentional acts of violence and the result and scope of the injury. Court: revoking the decision not to identify industrial injuries The Municipal Bureau of peoples social Bureau argued that the other case of the defendant, ah Qiang and Xiao Fang, had no intersection in their work. The choice of sexual assault and the object of the crime was random, and did not produce a premeditated crime because of the work contradiction. Therefore, the sexual invasion of Xiao Fang was not related to the duty of performance, which was required in the industrial injury insurance regulations. It is a parallel occurrence, there is no causal relationship, and does not belong to perform duties. After hearing the case, the court found that there was a causal relationship between the disease of the identified person and the attempted sexual assault in the evening. In conclusion, Xiaofang can be identified as sexually involved and has a causal relationship with her duties. Therefore, the reasons for the argument mentioned above cannot be established. The decision to refuse to identify work-related injuries is wrong by applying laws and regulations. The court decided to revoke the decision made by the Municipal Bureau of peoples social bureau to not determine the work injury decision, and the Municipal Bureau of peoples society, within 60 days after the decision came into force, made a decision on the application of a industrial injury identification application to a company about the injury of Xiao Fang.