On March 28th, in a case where a wife of a 44 year-old corporate manager who, on his way home, died falling off stairs at a subway station sued the Central Labor Standards Inspection Office for denying Workers’ Accident Compensation benefit claims, the Tokyo District Court ruled in favor of the wife.
The Central Labor Standards Inspection Office defended its decision stating that “a drinking function is not work and the manager had more than enough drinks.” However, the judge ruled that “for men, although a function may involve alcohol, it differs from a plain social gathering in that it is often a place to listen to the opinions of his subordinates and attendance is part of his job. He did not drink excessively, and the court cannot determine that intoxication was the cause of his accident. Rather, rain made the steps slippery.”
According to the ruling, on December of 1999, the corporate manager attended a corporate function which began from around 5 pm at the second floor of his office where he drank three cans of beer and three cups of whiskey in paper cups. He left the office around 10 pm that night and 10 minutes later, he fell off 18 steps at Tsukiji Station on the Hibiya Subway Line and struck his head on the ground. He was carried to a hospital but was announced dead. [NIKKEI NET]
Hello Nomo-san! I always appreciate your comments. The drinking function took place in the office, and the accident took place outside of the office. Workers' Accident Compensation Insurance (労働者災害補償保険法) provides benefits when:
1. Employees are injured at work 2. Employees are injured in commuting to work and commuting back to home
Central Labor Standards Inspection Office (中央労働基準監督署) denied (否定した) Workers' Accident Compensation Insurance benefit to the wife because they thought a company function involving alcohol was not work-related, and that the manager had too many drinks which lead to the accident.
However, the court ruled that the company function was work-related and that it was the rain that caused him to slip and fall, not because he drank too much.
Thinking about working in Japan? Preparing to move overseas almost becomes a full-time job in the final weeks of your departure. Many people quit their jobs weeks before so they can devote their time to preparation. But what about your health insurance? Short-term health insurance plans are a great solution. ↓
Below are links to Certified Social Insurance and Labor Consultants providing services in English. Also below are useful links related to working in Japan and links to women balancing career and personal happiness. WJA realizes and promotes women's increasing value in the labor market.