Zhang, a migrant worker who has reached the legal retirement age, was employed by a property management company and stationed at a hospital to work as a gatekeeper and collect fees at a guard booth. The position implements a two shift system of day shift and night shift, with the day shift taking over at 6:50 am and the night shift taking over at 5:30 pm. On December 4, 2024, my colleague Wang arrived at work and after completing the handover, Zhang walked towards his electric tricycle parked next to the duty booth and suddenly fell unconscious while sitting in the car. Surveillance video shows that shortly after getting on the car, Zhang was lying on the steering wheel with his upper body. About two minutes later, his colleague Wang noticed the abnormality and stepped forward to help and seek help. Zhang was sent to the hospital for emergency treatment and died at 8:30 am on the same day.
Zhang's son applied for work-related injury recognition to the County Human Resources and Social Security Bureau, and the bureau issued a "Decision on the Recognition of Work Injury", confirming that Zhang meets the requirements for work-related injury. A certain property management company is dissatisfied and has filed an administrative lawsuit, claiming that Zhang had already left work when he fell ill, and was employed beyond the statutory retirement age and had no employment relationship with the company, so he does not meet the criteria for work-related injury determination.
The focus of controversy in this case is: firstly, whether Zhang had already left work when he fell ill, and whether he met the criteria for being treated as a work-related injury; The second question is whether Zhang, who was employed beyond the statutory retirement age, meets the criteria for work-related injury recognition.
Regarding the first point of dispute, based on the facts ascertained during the trial and the situation of video surveillance, Zhang had not yet left the work area after handing over the shift to his colleagues, and had just finished the night shift when he fell ill. It should be considered that his illness may be related to work fatigue. Although he had handed over the shift to his colleagues, he had not yet left his work area, and his illness could still be regarded as being at work during working hours and at work position, which is in line with the provisions of Article 15, Paragraph 1, Item (1) of the Work Injury Insurance Regulations.
Regarding the second point of controversy, according to the "Reply of the Administrative Trial Division of the Supreme People's Court on whether the Work Injury Insurance Regulations should be applied to urban migrant workers who are injured or killed due to work-related reasons beyond the statutory retirement age" and the "Reply of the Supreme People's Court on whether work-related injuries can be recognized for urban migrant workers who are injured or killed due to work-related reasons during working hours", if an employer hires a migrant worker who is injured or killed due to work-related reasons beyond the statutory retirement age, the relevant provisions of the Work Injury Insurance Regulations should be applied for work-related injury recognition. Although Zhang has exceeded the statutory retirement age, there is no evidence to prove that he has completed the retirement procedures or enjoyed the basic pension insurance for urban employees, which meets the scope of work-related injury recognition subjects under the Work Injury Insurance Regulations.
In summary, the court ruled to reject the lawsuit request of a certain property management company.
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