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How to compensate for work-related injuries caused by drinking at work?
Drinking at work is against the rules and regulations of the company, and the company can handle it according to the rules and regulations. If a work-related injury occurs as a result, according to the Regulations on Work-related Injury Insurance, employees who violate operating procedures or work disciplines are not covered by the work-related injury insurance fund, and the employees themselves should bear the corresponding responsibilities.
However, the specific compensation needs to be judged according to the current situation and relevant laws and regulations. If the company has management loopholes or fails to fulfill its security obligations, it may be liable for compensation. At the same time, employees themselves need to bear certain responsibilities, because drinking at work itself violates the company's rules and regulations and labor discipline.
The legal basis for workers' work-related injuries caused by drinking alcohol is mainly the Regulations on Work-related Injury Insurance and the Threshold and Inspection of Blood and Breathing Alcohol Content of Vehicle Drivers.
According to the Regulations on Work-related Injury Insurance, the identification of work-related injuries needs to meet legal conditions such as being injured by accidents during working hours and workplaces. However, if an employee violates the operating rules or work discipline due to drunkenness, it does not belong to the compensation scope of the industrial injury insurance fund, and the employee shall bear corresponding responsibilities.
In addition, the threshold and detection of blood and breath alcohol content of vehicle drivers stipulates the standard of drunk driving, that is, the driving behavior of vehicle drivers with blood alcohol content greater than or equal to 80 mg/100 ml belongs to drunk driving. This also means that if employees drink alcohol during working hours or workplaces and get drunk, then their behavior violates the company's rules and regulations, and the company can deal with it according to the rules and regulations.
In a word, the legal basis for workers' work-related injuries caused by drinking alcohol is mainly the Regulations on Work-related Injury Insurance and the threshold and detection of blood and respiratory alcohol content of vehicle drivers. When dealing with employees' drinking accidents, we should identify and deal with them according to laws and regulations.
To sum up: drinking at work is against the company's rules and regulations, and the company can handle it according to the rules and regulations. If a work-related injury occurs as a result, according to the Regulations on Work-related Injury Insurance, employees who violate operating procedures or work disciplines are not covered by the work-related injury insurance fund, and the employees themselves should bear the corresponding responsibilities. The specific compensation situation needs to be judged according to the current situation and relevant laws and regulations.
Legal basis:
Article 14 of the Regulations on Work-related Injury Insurance stipulates: "An employee shall be deemed as a work-related injury in any of the following circumstances:
(1) Being injured by an accident during working hours and in the workplace;
(two) before and after working hours in the workplace to engage in work-related preparatory work or finishing work was injured by an accident;
(three) during working hours and workplaces, due to the performance of duties by violence and other accidental injuries;
(4) Suffering from occupational diseases;
(five) during the business trip, injured or missing due to work reasons;
(six) on the way to work, I was injured by a traffic accident or an urban rail transit, passenger ferry or train accident for which I was not primarily responsible;
(seven) other circumstances that should be recognized as work-related injuries as stipulated by laws and administrative regulations. "
Article 15 of the Regulations on Work-related Injury Insurance stipulates: "An employee shall be regarded as a work-related injury in any of the following circumstances:
(a) died of sudden illness during working hours and at work, or died within 48 hours after being rescued;
(2) safeguarding national interests and public interests in emergency rescue and disaster relief activities;
(3) An employee who was formerly in the army and was disabled due to war or business has obtained a revolutionary disabled soldier's certificate, and the old injury recurs after going to the employer. "
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