Anti-epidemic doctor died suddenly at home, not recognized as work-related injury; stop mechanical operations at this time.

At around 6 a.m. on February 13, Liu Wenxiong, a doctor at Sanfutan Town Health Center in Xiangtao City, Hubei Province, suddenly died at home. Since Liu Wenxiong was not infected with COVID-19 and did not die at the designated workplace or during the designated working hours, the Xiangtao City Human Resources and Social Security Bureau decided on February 20 not to recognize it as a work-related injury. Currently, Liu Wenxiong’s family has decided to apply for an administrative review in court.

In the "Decision of Non-Recognition of Work-Related Injury," Liu Wenxiong's work during the COVID-19 pandemic was also affirmed, and it was mentioned, "On January 31, Dr. Liu Wenxiong experienced physical discomfort such as chest pain and palpitations, but did not take leave for treatment due to the heavy epidemic prevention tasks." In addition to his work in the outpatient department, Liu Wenxiong also served as the deputy leader of the hospital's fever clinic expert guidance team, cumulatively guiding the diagnosis and treatment of 670 patients with fever. On February 12, from 8:00 to 11:30 and from 13:30 to 17:00, Liu Wenxiong worked in the fever clinic, left work around 17:00 to go home, and received phone consultations from patients at 22:00. .(Source: The Beijing News)
 

　A lawyer from Guangdong Zhiming Law Firm stated, the 'working hours and location' in this incident may be the biggest point of contention.

According to Article 14 of the Regulations on Work-related Injury Insurance, if an employee is in any of the following situations, it shall be recognized as a work-related injury:

(1) While at work and on the work premises, suffering an accident injury due to work reasons;

(2) Before or after working hours, if an employee is injured in the workplace while engaging in preparatory or finishing work related to their job;

(3) During working hours and at the workplace, injuries caused by violence or other accidents while performing work duties;

(4) Suffering from an occupational disease;

(5) During business trips, if one is injured due to work reasons or goes missing due to an accident;

(6) On the way to or from work, being injured in a traffic accident or in an urban rail transit, passenger ferry, or train accident for which one is not primarily responsible;

(7) Other situations that should be recognized as work-related injuries according to laws and administrative regulations.

China's "Regulations on Work-Related Injury Insurance" mainly adopt an enumerative legislative model for defining the scope of work-related injuries. Its advantage is that the recognition of work-related injuries is clear and specific, making it convenient and easy to implement. However, its drawbacks are also obvious. The relevant provisions in the "Regulations" are too general and principle-based, lacking specific standards for judgment and measurement. This results in the absence of a unified and operable procedure for the concrete recognition of work-related injuries, leading to disorder in such recognitions and consequently causing numerous labor disputes. First, among the seven situations for recognizing work-related injuries, the "Regulations" only list "working hours," "location," and "work-related causes" as the main criteria for work-related injury recognition. So, what counts as working hours? Which locations are considered "workplaces"? And which causes can be regarded as "work-related causes"?

According to current reports, during the epidemic, Dr. Liu saw more than 5,000 patients in a single day. His working hours and workplace were no longer limited to the eight hours of a workday and the hospital, and his workload was clearly in an overloaded state, which has a strong causal relationship with sudden death.

The author believes that the legislative spirit of work injury recognition is to maximize the protection of workers who are subjectively without malice, so that after suffering accident injuries or occupational diseases in the course of work or work-related activities, they can receive medical treatment, economic compensation, and occupational rehabilitation, with an emphasis on protecting the legitimate rights and interests of workers who are in a disadvantaged position compared to their employers.

Therefore, when determining whether Dr. Liu's case constitutes a work-related injury, in addition to considering the location and time, one should further take into account the special circumstances of the pandemic, and thoroughly investigate whether the cause of his death is related to his work, which is more reasonable, and it should not be handled mechanically.

　　 References:

Ma Jia. 'On the Standards for the Recognition of Work-Related Injuries in Our Country'

Guo Jingbo. 'Overtime Karoshi and Work Injury Identification'

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