[Comprehensive] When going to work in the locker room and changing to wear overalls, he is injured. Can he be identified as an industrial injury?

Review of the case

Fumou is a hotel room attendant. In October 2015, after Fu came to work and arrived at the hotel, he accidentally slammed down the stairs leading to a fracture of his right leg while going to the locker room to change his overalls.

Afterwards, Fumou submitted an application for work injury certification to the local social insurance administrative department. After being investigated and verified by the local social insurance administrative department, according to Article 14(2) of the Regulations on Work Injury Insurance, it was determined that Fu was an employment injury. Fumou’s employer disapproved and submitted an administrative lawsuit to the local people’s court. After hearing the case, the court maintained the findings of the occupational injury assessment made by the local social insurance administrative department.

Case review

Article 14 (2) of the “Regulations on Work Injury Insurance” stipulates that “before and after the employee’s working hours in the workplace, if the preparatory or end of work related to the work is harmed by an accident, it shall be deemed as a work injury.”

In this case, Fu as a hotel room service staff, ready to go to the locker room before changing to wear overalls, is pre-work in the workplace to do preparatory work related to the work, which accidentally fell down the stairs leading to right leg fracture should be found Work injury.

In summary, the local social insurance administrative department made the decision to pay for a work-related injury in line with the law.