A female worker in a company was sexually assaulted on the way to the bathroom on the night shift. Although the sexual assailant failed due to the struggle of the female worker, the female worker suffered from long-term depression. The company applies to the human resources and social security departments for work-related injuries for female workers, which are not considered as work-related injuries by the peoples and social security departments. The woman worker brought a lawsuit in court. After the first instance and the second instance, the two courts considered that it constituted work-related injuries and demanded that the peoples and social sectors revoke the decision not to recognize work-related injuries. Recently, the reporter of Legal Daily learned the details of the case from Furong District Peoples Court in Changsha City, Hunan Province.
Zhang Mou is an employee of an industrial company whose job is a distribution room. On the evening of March 29, 2017, Zhang Moujing Industrial Company arranged the night shift in the switchboard room of the distribution room. At about 9:40 PM that night, Zhang Mou was preparing to go to the bathroom through the corridor of the distribution room when he was raped by Li Mou (another case). In Zhang Mou struggled and shouted for help, Li gave up and fled the scene.
After the accident, Zhang visited many hospitals and was diagnosed as stress-related disorders. On May 10, 2017, the industrial company submitted an application to Changsha Human Resources and Social Security Bureau for the identification of injuries suffered by Zhang Mou. After accepting the application of the industrial company on May 31, 2017, the Changsha Municipal Peoples Social Bureau issued the Decision on No Recognition of Industrial Injury on June 15, the same year. It believed that Zhang Mou suffered sexual assault during working hours and in the workplace, was not injured by violence because he fulfilled his duty, was not in conformity with the relevant provisions of the Regulations on Industrial Injury Insurance, and decided not to recognize or treat him as an industrial injury.
Zhang Mou disagreed and took the Changsha Municipal Peoples Social Bureau as the defendant to file an administrative lawsuit. In the lawsuit, Hunan Furong Judicial Appraisal Center, entrusted by the court, issued the Judicial Appraisal Opinion on November 9, 2017, which was as follows: The diagnosis of the appraisee Zhang Mou is an adaptive disorder - a long-term depressive response. There is a causal relationship between the occurrence of the disease and the violation (rape, attempt) on March 29, 2017.
The Peoples Court of Furong District of Changsha City issued a judgment on April 12, 2018: to revoke the Decision on No Recognition of Industrial Injuries issued by the Changsha Peoples Social Bureau on June 15, 2017; and to make a new decision on the application of Industrial Company for the determination of industrial injuries caused by Zhang Mou within 60 days after the judgment came into effect.
After the first instance was pronounced, the Changsha Municipal Peoples Social Bureau refused to accept the verdict and appealed. After the second instance, the Changsha Intermediate Peoples Court made a final ruling: reject the appeal and maintain the original judgment.
Since then, the Changsha Municipal Bureau of Peoples and Social Affairs has re-identified the work-related injuries, made a decision on the determination of work-related injuries and served it to Zhang Mou, clarified the level of work-related injuries of Zhang Mou, and implemented the corresponding work-related injury insurance treatment to Zhang Mou according to the regulations.
There are two controversial points in this case: one is whether the sexual assault injury suffered by Zhang Mou conforms to the performance of work duties stipulated in Article 14 (3) of the Regulations on Industrial Injury Insurance; the other is whether the result of mental injury caused by Zhang Mous sexual assault belongs to the scope of industrial injury insurance.
Focus of controversy: To identify work-related injuries, two causal relationships should be considered, that is, the causal relationship between performance of work duties and accidental injuries such as violence, and the causal relationship between accidental injuries such as violence and injuries results and scope. In this case, Zhang Mou was injured by violence on the aisle to the bathroom during his duty. The place where he was injured belonged to the reasonable range of activities for fulfilling his duty. It can be considered as a reasonable extension of his duty. Therefore, it should be understood as belonging to the category of accidental injury such as violence for fulfilling his duty. At the same time, Zhangs duty time is night, and the duty place is the switchboard room of the distribution room. The companys security measures are not in place, which also provides convenience for other peoples sexual assault. The random selectivity of the place and object of sexual assault just shows that the act is not caused by personal grievances between Zhang Mou and the sexual assailant. The randomness is closely related to the time and place of Zhang Mous night shift duty and makes the randomness become certainty. That is to say, if Zhang Mou does not work at the time and place of the sexual assault involved, the sexual assault will occur. No harm will happen. In conclusion, it should be recognized that there is a legal causal relationship between the consequences of sexual assault and Zhangs performance of night shift duties.
Focus 2: Whether the result of mental injury caused by Zhang Mous sexual assault belongs to the scope of industrial injury insurance. The legislative purpose of the Regulations on Industrial Injury Insurance is to guarantee workersright to medical treatment and economic compensation. The injuries caused by accidents, violent injuries or accidental injuries may be the result of injuries of limbs and organs, or the result of mental injuries. However, the Regulations on Industrial Injury Insurance do not limit the result of injury guaranteed by industrial injury insurance to traumatic injury of limbs and organs caused by violence, that is to say, it does not exclude the consequences of mental injury. Psychiatric subjects are included in the classification of the Classification of Work Injury and Disability Caused by Occupational Diseases of Employees in Labor Capacity Assessment. In addition, serious mental injury also needs treatment, medical expenses, nursing expenses and so on, which will also have material consequences. Therefore, it should be considered that as long as the result of injury has causal relationship with the violent injury acts it suffers, it is in line with the elements of identifying industrial injury, and not excluding the consequences of mental injury from the scope of industrial injury insurance.
The judgment of the first and second instance of this case fully follows the legislative purpose of the Regulations on Industrial Injury Insurance concerning the protection of workerslegitimate rights and interests and the basic principle of preferential protection of workers. After the judgment came into effect, the Changsha Municipal Peoples and Social Bureau reconfirmed the work-related injuries, made a decision to identify the consequences of mental damage caused by sexual assault on Zhang Mou, and accorded him due treatment of work-related injuries insurance according to law, which embodied the respect for the facts of the case and the effective judgment of the Peoples Court.
Source: Ji Xueying-NN6784, responsible editor of Legal Daily