At the critical moment, bus driver Zang, despite sudden illness, safely halted the vehicle, rescuing all 52 passengers before collapsing into a coma that left him in a vegetative state. This heroic act sparked two urgent legal questions: How to protect this driver's rights? And how to achieve justice in this moral dilemma?

[Case Review]

In August 2023, Zang was driving a tour bus carrying 52 passengers from Shanghai's Pudong area to Yancheng, Jiangsu Province for a sightseeing trip. While driving on the highway, he experienced sudden physical distress and blurred vision. With extraordinary resolve, he maneuvered the vehicle to the emergency lane¡ªchanging lanes, braking, and engaging the handbrake¡ªensuring the safety of all passengers before losing consciousness. Medical intervention confirmed a brainstem hemorrhage, leaving him in critical condition. Zang's family applied to the District Human Resources and Social Security Bureau for work-related injury determination. While acknowledging Zang's admirable display of responsibility during the crisis, the Bureau concluded that his coma resulting from illness fell outside the scope of work-related injury as defined by law, prompting the family to file a lawsuit with the People's Court

[Case Study]

Upon accepting the case, the Shanghai Pudong New Area People's Court initiated multiple expert consultations. During mediation, the court meticulously explained the legal criteria and statutory basis for work-related injury determination to Zang's family. Simultaneously, recognizing that Zang's illness occurred during work hours and that his decisive actions had safeguarded 52 passengers, the judge fully affirmed Zang's sense of social responsibility and commitment and should give him praise. In terms of reason and sympath, Zang should receive compensation or assistance from the related party.

The Collegial Bench learned that Zang's family had also filed a civil compensation lawsuit in another court, requesting that the tour bus company where Zang was employed pay medical expenses and damages. In response, the judge collaborated with the other court to jointly conduct mediation efforts. In light of Zang's actions, which protected the company from potential losses and aligned with the legal principle of safeguarding the people's lives and property, the Court engaged in persistent communication and negotiation with the tour bus company where Zang was employed, urging the company to provide a certain amount of compensation. The Human Resources and Social Security Bureau provided active support throughout mediation.

Ultimately, through judicial facilitation, the tour bus company agreed to pay several hundred thousand yuan in humanitarian compensation, acknowledging Zang's extraordinary contribution to public safety. In exchange, Zang's family voluntarily withdrew both the administrative litigation.

I. How is a work-related injury determined?

The work-related injury insurance system constitutes a vital component of China's social security framework, providing essential material compensation to workers who sustain injuries or face other designated circumstances arising from their employment. The determination of work-related injuries primarily falls into two categories: actual work-related injuries and injuries deemed as work-related. The criteria for identifying a work-related injury mainly hinge on the "three principles of work-relatedness" - whether the injury occurred during working hours, at the workplace, and resulted from an accident caused by work-related duties.

The circumstances deemed as work-related injuries primarily encompass three categories: first, instances where an employee, while performing duties during working hours and at the workplace, either succumbs to a sudden illness or passes away despite receiving emergency medical treatment within 48 hours of the illness's onset; second, cases involving injuries sustained during activities safeguarding national or public interests, such as emergency rescue or disaster relief operations; and third, situations where demobilized military personnel experience a recurrence of injuries previously sustained during their military service.

When determining work-related injuries, the court conduct comprehensive judgments by considering factors beyond statutory requirements, including the purpose of work-related injury insurance, the particularity of work-related accidents, social ethics, and exclusionary circumstances of work-related injuries. This approach ensures equal protection under the law and reflects a balanced application of legal principles.

II. How to Find an Optimal Solution When Rigid Laws Clash with Ethical Dilemmas?

In this case, Zang suffered a sudden illness during his work duties and, despite enduring excruciating pain, managed to avert a major accident and save the lives of 52 passengers¡ªan act that undoubtedly deserves admiration. However, from a legal perspective, his condition does not meet the explicit criteria for work-related injury recognition: it neither falls under the category of occupational disease nor constitutes sudden death from illness or death within 48 hours of emergency treatment. This case thus epitomizes a conflict between emotional imperatives and legal principles.

For this case, rendering a judicial verdict may not have been the optimal approach. Instead, a collaborative mediation pathway was pursued, integrating civil adjudication resources and human resources authorities within the framework of administrative litigation. The enterprise was encouraged to assume social responsibility, with emphasis placed on Zang's actions having objectively prevented a catastrophic traffic accident, thereby safeguarding passenger lives while mitigating potential risks for the company, including joint liability for traffic incidents, operational disruption losses, and reputational damage. Ultimately, the company voluntarily provided compensation.

III. Law Transcends Mere Rule Enforcement: It Embodies the Balancing of Societal Values

In adjudicating this case, we unanimously recognized the necessity of integrating empathy with pragmatic reasoning. Zang's family required a viable resolution, while society anticipated affirmation of "ordinary heroes." When legal boundaries prove insufficient to address the intricacies of real-world circumstances, courts may, within the permissible scope of legal frameworks, pursue solutions that balance judicial rigor with humanitarian considerations, thereby responding to societal aspirations for equity and justice.

The value of law lies not only in the outcome of judicial decisions but also in its capacity to shape social norms; the humaneness of justice is manifested not only in adherence to rules but also in the pursuit of optimal solutions. True equity and justice are not merely enshrined in legal statutes but should resonate deeply in the hearts of the people.

[Representative Comments]

Shi Zheng, Deputy to the Shanghai Municipal People's Congress, Member of the Urban Construction and Environmental Protection Committee of the Shanghai Municipal People's Congress, Chairman of the Shanghai Pudong New Area Jingao Public Transport Co., Ltd.

When confronted with dilemmas at the intersection of law and ethics, the Court pioneered an innovative approach: Through inter-court collaborative mediation, it substantively resolved disputes, elevating social virtues through the rule of law. Legally, it rigorously adheres to statutory provisions, safeguarding the fundamental principle of equity. Sympathetically, mediation injects warmth into judicial practice, transcending rigid legalism. Socially, with the judicial concept that combines empathy and common sense, a social consensus that "good people will be rewarded" has been formed. This vividly interprets that judicial adjudications are not only rule-based governance that sets boundaries and resolves disputes, but also value-based governance that nurtures social goodness with humanistic care, allowing the realization of justice to take root in everyone's heart.

[Relevant Laws]

I. Social Insurance Law of the People¡¯s Republic of China

Article 36 Employees who suffer from work-related injuries or occupational diseases and are recognized as work-related injuries shall be entitled to work-related injury insurance benefits. Those who lose their work capability due to work-related injuries, as determined through work capability assessment, shall be entitled to disability benefits.

II. Regulations on Work-Related Injury Insurance

Article 14 Employees shall be recognized as having sustained work-related injuries under any of the following circumstances:

(i) Suffering accidental injuries due to work-related causes within working hours and at the workplace;

...

Article 15 Employees shall be deemed as having sustained work-related injuries under any of the following circumstances:

(i) Sudden onset of illness resulting in death during working hours and at the work post, or death within 48 hours after emergency rescue efforts prove ineffective;¡­¡­

(Case prepared by: Cao Yunxian and Zhang Miaotang from the Pudong New Area People's Court)