(Schematic diagram / flip from pixabay)
Li Yang, a man from Dalian City, Liaoning Province, mainland China, went to a local cleaning company to apply for a job as a cleaner in 2021. Unexpectedly, he fell down and was injured following only 6 minutes of work. He was pronounced dead following rescue. The Human Resources and Social Security Bureau of Ganjingzi District recently made a “Decision on Determination of Work-related Injury”, affirming that Li Yang was a work-related death because his work unit did not help him pay work-related injury insurance, which meant more than 1 million yuan (regarding NT$4.42 million). The work-related injury benefits must be borne by the cleaning company.
“Peninsula Morning Post” reported that in June 2021, Li Yang went to a cleaning company in Dalian to apply for a cleaning position, and the company informed him to report to the unit the next day. On June 6 of the same year, Li Yang came to the company. The company distributed work clothes and cleaning tools, and led him to do cleaning work in the community. Unexpectedly, just 6 minutes following he started working, Li Yang suddenly fainted. His colleagues in the unit immediately called the emergency number and sent him to the hospital for emergency treatment. After arriving at the hospital, he was diagnosed with severe craniocerebral injury and was pronounced dead on the same day.
After Li Yang’s death, Zhang Hong, the widow, believed that her husband had a craniocerebral injury caused by a fall at work time and place. It took only 6 minutes to arrive at the company, and there was no interview, which meant that he had not been formally hired, so the two parties had not signed a labor contract, and the company had not paid social insurance for him, so it should not be a work-related injury.
Ganjingzi District Labor and Personnel Dispute Arbitration Committee held that, judging from the video provided by Zhang Hong, Li Yang was wearing the work clothes of the cleaning company on the day of work, and was engaged in cleaning work in the community contracted by the cleaning company. He fainted and injured his head while working. , colleagues from the unit called the emergency number and assisted the medical staff to send him to the hospital. Later, Zhang Hong asked for a copy of her husband’s ID card and bank card from the company office, which met the constituent requirements for the establishment of a labor relationship.
