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Chapter 354 Drunken Disabled, Do You Have the Right to Claim Work-related Injury Benefits?
Chen is a worker in a construction company. Due to his addiction to alcohol, he invited a few friends to have a nice drink after get off work one day.When they broke up, Chen was a little drunk, but insisted on going home alone.On the way home, because Chen was riding too fast on his motorcycle and still drunk, he accidentally collided with a farm truck.Fortunately, he survived, but his limbs were amputated and disabled.During the hospitalization, the unit refused to bear the medical expenses and hospitalization expenses, so Chen sued to the court.Does Chen have the right to demand compensation from the unit?

Work-related injury insurance refers to a form of social insurance that employees should receive medical treatment and economic compensation after being injured in the labor process.The purpose of work-related injury insurance is to protect the rights of workers to medical treatment, economic compensation and occupational rehabilitation after suffering from accidental injuries or occupational diseases at work, to spread the risk of work-related injuries, and to promote the prevention of work-related injuries.It can be seen that not all the consequences of injuries in production and life are included in the scope of work-related injury insurance, otherwise, work-related injury insurance will lose its meaning of existence.For this reason, Article 1996 of the "Trial Measures for Work-related Injury Insurance for Enterprise Employees" (promulgated by the Ministry of Labor on August 8, 12) stipulates six situations that should not be recognized as work-related injuries from the negative side: ①Crime or violation of the law; ②Suicide or self-mutilation; ③Fighting; ④Drinking; ⑤Deliberate violation of regulations; ⑥Other circumstances stipulated by laws and regulations.Among them, the injury caused by alcoholism is clearly stipulated as not a work-related injury.

Combined with this case, why is the injury caused by alcoholism excluded from work-related injuries?First of all, alcoholism has nothing to do with work, nor is it a necessary behavior for work. Therefore, alcoholism should not be classified as a work-related injury; secondly, alcoholism is an act that is expressly prohibited by laws and regulations, such as drunk driving, otherwise you will bear corresponding legal liabilities; In the end, alcoholism is entirely man-made, and the harmful consequences can be completely prevented by not drinking or drinking less.Therefore, injuries caused by alcoholism are not covered by workers' compensation insurance.Obviously, Chen's injury was entirely caused by alcoholism.Therefore, the practice of his unit is not inappropriate, and Chen's injury should not be recognized as a work-related injury.

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Although the construction and installation company believes that Chen's injury is not a work-related injury, if Chen refuses to accept the company's decision, the law also gives him the right to relief.He can submit an arbitration application to the local labor arbitration institution.If he still refuses to accept the arbitration decision, he can also bring a lawsuit to the people's court.

(End of this chapter)