Work Injury Recognition for Foreign Employee · 外籍员工工伤认定案

Suzhou Industrial Park Labor Bureau & Suzhou Intermediate Court / 苏州工业园区人社局及苏州市中级人民法院 · 2024-03-22

A Japanese engineer injured his spine in a fall at a client's factory during a business trip. The employer argued the injury occurred "off-site" and refused to apply for work injury recognition. Authorities and courts confirmed it as a work injury, entitling him to insurance benefits.
The employee, dispatched to inspect equipment at a client factory in Nantong, fell from a platform ladder and suffered a lumbar fracture. His employer, which had duly paid work-injury insurance for him under Article 97 of the Social Insurance Law, refused to file for work injury recognition, claiming business trips were excluded. The employee filed the application himself within the statutory one-year period.
The labor bureau recognized the injury as work-related since it occurred during a work assignment for job-related reasons. The employer's administrative lawsuit to overturn the recognition was rejected by both the first-instance and intermediate courts. The employee received medical coverage, a lump-sum disability subsidy (Grade 9) of about ¥94,000 from the work injury insurance fund, plus employer-paid benefits.
一名日本籍工程师出差期间在客户工厂坠落致脊柱受伤。雇主以"非工作场所"为由拒绝申请工伤认定。人社部门及法院均确认构成工伤,其依法享受工伤保险待遇。
南京老法师

南京老法师

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