[Case Summary]This case is an administrative case of work-related injury identification arising from vehicle-based operation. Chen *1, a driver of a heavy-duty dump truck, died on the spot due to the vehicle overturning while transporting coal. After his relatives applied for work-related injury identification, the human resources and social security department issued a "Decision on Identifying Work-Related Injury". The plaintiff (the transport company being operated under the guise of another company) disagreed with the decision and filed an administrative lawsuit against the human resources and social security bureau, with the victim's relatives as third parties, requesting to revoke the decision on identifying work-related injury. Hengluo Law Firm represented the third parties in the lawsuit. According to Article 3, Item 5 of the "Regulations of the Supreme People's Court on Several Issues Concerning the Trial of Administrative Cases of Work-Related Injury Insurance", the firm argued that the unit being operated under the guise of another company should bear the work-related injury insurance liability for the drivers employed by individual operators, and there was no need to separately identify the labor relationship under the guise of operation. The court adopted the lawyer's opinion, ruled to dismiss the plaintiff's lawsuit, and confirmed that the "Decision on Identifying Work-Related Injury" was legal and effective. Core dispute: The subject of work-related injury insurance liability in the context of vehicle-based operation. Applicable laws: "Regulations on Work-Related Injury Insurance" and "Regulations of the Supreme People's Court on Several Issues Concerning the Trial of Administrative Cases of Work-Related Injury Insurance".

I. Review of the case

Many families will search for "after their loved ones die at work" after their relatives die at work.Is the death of a truck driver considered a work-related injury?"..."Who is responsible when a vehicle operating under a subcontracting arrangement gets into an accident?"I have no idea. It's just a guess."What should I do if the company sues me over the decision to recognize the work-related injury?In this case, Zhang *1 was the driver of the heavy-duty dump truck with the license plate number Gu AC42XX and was engaged in coal transportation work. On July 14, 2020, Chen *1 was driving the truck to transport coal when he made an improper operation, causing the vehicle to overturn at the entrance of a village in Changchun, resulting in his death on the spot. On November 12, 2020, Zhang *2's relative, Zhang *2, applied for work-related injury identification to the Municipal Human Resources and Social Security Bureau. On November 30 of the same year, the bureau accepted the application. On December 14, 2020, the bureau issued a notice of suspension of the work-related injury identification period, and on August 30, 2021, it issued the Work-Related Injury Identification Decision No. XX37, concluding that the accident injuries suffered by Chen *1 met the relevant provisions of the Work-Related Injury Insurance Regulations and were within the scope of work-related injury identification (or deemed as such), thus being identified as work-related injuries. It was also found that on November 14, 2018, the plaintiff signed a car-hiring and operation contract with Ji *X, under which Ji *X hired the heavy-duty truck with the license plate number Gu AC42XX to operate under the plaintiff's name. At the time of the accident, Chen *1 was employed as the driver of the vehicle, and the vehicle was still within the contracted period of operation at the time of the accident. Now, the plaintiff, Guizhou XX Transportation Services Co., Ltd., is not satisfied with the work-related injury identification decision and has filed a lawsuit against the Social Security Bureau and our client, Zhang *2, as a third party, requesting the revocation of the work-related injury identification decision.

II. The focus of the case

  • Focus 1: Should the unit where the individual is registered bear the responsibility for workers' compensation insurance for the drivers employed by the individual?This is the core prerequisite for recognizing work-related injuries in the case of subcontracting.
  • Focus II: In the absence of an employment relationship between the two parties, can the liability for work-related injury insurance be directly inferred based on the subcontracting relationship?It concerns the facts and legal application basis of the "Decision on Determining Work-Related Injury".
  • Focus Three: Whether the plaintiff's claim that "there is no labor relationship between the two parties, so the worker's injury should not be recognized" is valid.This needs to be judged in light of the special provisions on the liability for subcontracting in the judicial interpretation.

III. Professional intervention by Hengluo Law Firm

The plaintiff alleged in the original complaint that:The plaintiff transportation company claimed that the "Decision on Work-Related Injury Identification" clearly identified Chen *1 as a company employee, which was obviously wrong; because Chen *1 had previously filed for arbitration and litigation with the labor arbitration and the court, the Civil Judgment No. 089 clearly stated that there was no labor relationship between the two parties, and Chen *1 was hired by Liu * and paid by Liu * and Nie *, not the plaintiff's employee. Therefore, the evidence identifying Chen *1 as a work-related injury was insufficient and inconsistent with the facts. The plaintiff requested to revoke the decision on work-related injury identification.

The position of the defendant (the human resources and social security department) and the third party:The defendant argued in his defense that the decision to recognize the work-related injury made by him was based on clear facts, followed legal procedures, and applied the law correctly; the third party (the relatives of the victims) agreed with the defendant's arguments and insisted that the decision to recognize the work-related injury should be upheld.

Legal opinion of Hengluo Law Firm:恒略律师指出，吉X与原告签订了挂靠合同，只要该挂靠合同在有效期内，原告即应为承担工伤保险责任的单位。陈某1从事车辆履行职务的行为符合工伤保险条例相关规定情形，被挂靠单位要对个人挂靠者聘用的司机承担工伤保险责任，被告出具的认定工伤决定书合法有效、事实清楚、法律适用正确、程序合法，请法院依法支持。根据法律规定，在挂靠关系中，无需认定陈某1与原告是否存在劳动关系，挂靠人与原告只要存在挂靠关系即可成立，从挂靠经营关系可以推定出拟制的劳动关系，请求法院依据《最高人民法院关于审理工伤保险行政案件若干问题的规定》第三条第五项规定支持被告作出的工伤认定决定书，依法维护第三人的合法权益。

IV. Outcome of the case

After the trial, the court adopted the opinion of Hengluo Law Firm. According to Article 3, Item 5 of the "Regulations of the Supreme People's Court on Several Issues Concerning the Trial of Administrative Cases Involving Work-Related Injury Insurance", the court determined that the defendant's decision to identify the case as a work-related injury was based on clear facts, correct application of the law, and legal procedures. The plaintiff's claim that there was no labor relationship between the two parties and therefore the work-related injury should not be identified was unfounded. In summary, the judgment is as follows: The plaintiff's lawsuit request of Guizhou Province * Transportation Service Co., Ltd. is dismissed. Thus, the legality of the "Decision on Identifying Work-Related Injury" has been legally confirmed, and the work-related injury insurance rights of the victims' relatives have been effectively protected.

5. Henglu Law Firm's Reminder

In the operation of vehicle subcontracting, the subcontracting unit may be legally obligated to bear the responsibility for work-related injury insurance for the employees of the subcontracted vehicles. The subcontracting relationship itself can serve as an important basis for identifying work-related injuries, without the need for the existence of an employment relationship as a prerequisite. This case is represented by the professional lawyer team of Beijing Henglu Law Firm (the practicing license number shall be subject to the document issued by the judicial administrative organ). It is recommended that transportation enterprises standardize subcontracting management and participate in insurance in accordance with the law. When the relatives of the victims encounter disputes over the identification of work-related injuries, they should promptly entrust professional lawyers to safeguard their legitimate rights and interests in accordance with the special provisions of the judicial interpretation on the liability for subcontracting.

VI. Common Questions and Answers about Work-Related Injury Identification Disputes

  1. Q: If the truck is registered under the company's name, is the driver considered an employee injured at work if an accident occurs?
    A:According to the relevant judicial interpretations, if an individual operates a business under the name of another person, and the employees hired by them suffer work-related injuries or deaths, the unit to which the business is affiliated shall bear the responsibility for work-related injury insurance, without requiring the existence of a labor relationship as a prerequisite.
  2. Q: The company said I'm not their employee, so they won't recognize my work-related injury. What should I do?
    A:Under statutory circumstances such as subcontracting, even if there is no employment relationship, the unit being subcontracted to may still be held liable for work-related injury insurance according to special provisions. In this case, it is necessary to promptly initiate administrative litigation or appeal to safeguard one's rights and interests.
  3. Q: If the company sues to revoke the decision on the determination of work-related injury, will I be affected?
    A:As a third party participating in the litigation, it suffices to submit a defense and evidence; if the court confirms that the determination is legal and valid, the rights and interests related to the work-related injury determination will not be affected.
  4. Q: What materials are required to apply for work-related injury recognition?
    A:Generally, it includes proof of labor relations or affiliation, materials describing the accident, medical and death certificates, and information about the employer, etc. The specific requirements may vary according to the local human resources and social security department's guidelines.
  5. Q: If one is not satisfied with the work-related injury determination, can the company or the individual file a lawsuit against the human resources and social security bureau?
    A:It is possible to file an administrative lawsuit in accordance with the law, but there must be factual and legal grounds for doing so. The court will review whether the determination decision is lawful in terms of facts, procedures, and legal application.