In a recent case in Tianjin, a female employee suffered mental trauma after being sexually assaulted in the course of work. The court ruling recognised her condition as a work-related injury, underscoring the evolving legal approach to work-related injury and women's rights in China. This update summarises the main facts and provides an analysis of the case.
在近期一起发生在天津的案例中，一名女性职工遭遇职场性侵害并罹患精神创伤，法院判决认定其构成工伤。这起案件凸显了工伤认定以及女职工权益保障领域的司法趋势。本次更新总结了本案的案件事实与案例分析。
Case Facts
案件事实
In September 2023, Ms. Cui, an employee at a Tianjin company, was required to attend a business dinner as part of her work duties. After the dinner, she was sexually assaulted by a company manager, Mr. Qian. In April 2024, Mr. Qian was convicted of rape and sentenced to four years in prison.
2023年9月，天津某公司的一名女性员工崔某在履行职务过程中参加商务宴请，宴请结束后遭公司老板钱某性侵。2024年4月，钱某因强奸罪被判处有期徒刑四年。
Following the incident, Ms. Cui was diagnosed with post-traumatic stress disorder (PTSD). She applied to the Jinnan District Human Resources and Social Security Bureau ("Jinnan HR Authority") seeking recognition of her condition as a work-related injury. In December 2024, the Jinnan HR Authority approved her application pursuant to Article 14(5) of the Work Injury Insurance Regulations, which stipulates that "injuries sustained due to a work-related cause while away for work” are considered work-related injuries.
案发后，崔某罹患创伤后应激障碍（PTSD），向天津市津南区人力资源和社会保障局（“ 津南区人社局”）申请工伤认定。2024年12月，津南区人社局依据《工伤保险条例》第十四条第（五）项 规定的“因工外出期间，由于工作原因受到伤害或者发生事故下落不明的” 情形，认定其受害情形属于工伤。
The company disagreed with the Jinnan HR Authority's decision, arguing that Ms. Cui's situation did not meet the legal criteria of “work hours,” “workplace,” or “work-related cause.” They also argued that Article 16 of the Work Injury Insurance Regulations excluded injuries resulting from intoxication from being recognised as work-related. The company filed an administrative lawsuit seeking to overturn the recognition of Ms. Cui's condition as a work-related injury.
公司不服上述认定，主张该情形不符合“工作时间”“工作场所”“因工作原因”等工伤认定要件，且提出依据《工伤保险条例》第十六条，有醉酒情节时，不应认定为工伤。公司遂提起行政诉讼，请求撤销崔某的工伤认定书。
Court Ruling
法院判决
The Jinnan District People's Court determined that Ms. Cui's involvement in a work-related dinner and the subsequent incident, which resulted in PTSD, was considered to be within the scope of “work-related cause”. The court also referenced the Labor Ability Appraisal Committee's assessment, which attributed her mental trauma to the criminal act of rape.
津南区人民法院经审理认为，崔某参加工作宴请，后醉酒被他人侵害、罹患创伤后应激障碍，属于“因工作原因”。并且，劳动能力鉴定委员会亦认定该精神损害与强奸犯罪存在直接关联。
The court further examined whether intoxication should preclude the recognition of a work-related injury. It determined that excluding injuries involving intoxication from work-related classification should depend on whether there is a causal link between the intoxication and the injury – if there is no causal link, intoxication alone should not result in denial of work injury recognition. In the present case, although Ms. Cui was intoxicated at the time of the incident, it was established that there was no causal relationship between her intoxication and the injury; the harm suffered by Ms. Cui was a result of a third party's criminal act, rather than her intoxication.
关于醉酒是否成为认定工伤的阻却条件，法院进一步分析指出：法律所规定的因醉酒导致伤亡方不得认定为工伤，应建立在醉酒与职工伤亡之间的因果关系之上。如因果关系断裂，则不应以醉酒为由否定工伤认定。本案受害行为虽发生在醉酒状态，但经查明，醉酒与崔某被侵害之间不存在因果关系；崔某所遭受的侵害系第三方犯罪行为所致，并非醉酒本身直接导致。
Accordingly, the court upheld the decision of Jinnan HR Authority and dismissed the company's request.
最终，法院认定人社局所作出的工伤认定是正确的，遂驳回公司诉讼请求。
Similar Case Reference
类似案例
A similar case previously took place in Changsha, Hunan Province. In that case, a female employee named Ms. Zhang was sexually assaulted during a night shift in the corridor adjacent to her workplace restroom and was later diagnosed with a mental disorder. Her employer submitted an application for work-related injury recognition on her behalf, but the application was rejected by the local Human Resources and Social Security Bureau on the grounds that the injury did not result directly from her job duties.
在此之前，湖南省长沙市也曾出现过一起类似案例。在该案例中，一名女性员工张某在夜班期间于工作场所卫生间附近的过道上遭遇性侵，事后被诊断患有精神障碍。公司为张某提交了工伤认定申请，但当地的人力资源与社会保障局最初未认定为工伤，认为张某收到的伤害并非因履行工作职责所致。
Subsequently, Ms. Zhang filed an administrative lawsuit seeking to overturn the local Human Resources and Social Security Bureau's decision and recognise her condition as a work-related injury. The court held that the location of the assault—the corridor adjacent to the workplace restroom—constituted a reasonable area for the performance of work duties. The court therefore ruled that the harm suffered by Ms. Zhang fell under the scope of “unexpected injury by violence or other means while performing work duties” pursuant to Article 14(3) of the Work Injury Insurance Regulations. Following the court's ruling, the local Human Resources and Social Security Bureau revised its prior decision, recognising Ms. Zhang's condition as a work-related injury and accordingly awarded her the appropriate work injury compensation.
此后，张某提起了行政诉讼，请求撤销人社局的决定并认定其属于工伤。法院判决认定，张某其受侵害的地点—工作场所卫生间附近的过道上—属于履行工作职责的合理活动范围。法院因此认为张某所遭受的伤害应当理解为属于《工伤保险条例》第十四条第（三）项“因履行工作职责受到暴力等意外伤害”的范畴。最终，根据法院判决，人社局重新认定了张某的工伤，并给予张某相应的工伤保险待遇。
Key Takeaways
要点总结
Traditionally, the criteria for determining work-related injuries primarily focused on physical harm occurring during regular working hours and within the traditional workplace; Mental injuries have proven to be more challenging to classify, as causation is often more complex. That said, these recent cases indicate a developing trend among government authorities and courts toward issuing clearer guidance recognising mental trauma as falling within the scope of work-related injuries. These developments also contribute to strengthening legal protections for women in the workplace.
在工伤认定领域，传统的认定标准往往只关注发生在常规工作时间和工作地点内的人身伤害；而精神类伤害因受多种复杂因素影响，认定难度较大。不过，近期的案例显示，相关政府部门及司法机关正尝试为精神伤害纳入工伤认定范围提供更多的参考和指导；与之相伴的，妇女权益的保障也得到了进一步完善。
Employers are thus encouraged to enhance employment management practices, refine anti-harassment policies, and cultivate a safe and healthy working environment for all employees.
鉴于此，各用人单位应进一步完善雇佣管理制度及反职场性骚扰机制，切实营造安全、健康的工作环境。
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