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It should be a work-related injury.
I have taken a look at the "Regulations on Work-related Injury Insurance" and the "Measures for the Determination of Work-related Injuries", and I have a full set of measures for what to do. Just follow the instructions above. It is necessary to go through the identification of work-related injuries, the identification of disability, and finally the compensation according to the level of disability.
If you want to terminate the labor relationship, then look at the "Implementation Measures of a Provincial Work-related Injury Insurance" where the employer is located, and the standards for one-time work-related injury medical subsidy and one-time disability employment subsidy must be relevant in this.
The identification of work-related injuries is the key, and only when work-related injuries are recognized can they enjoy work-related injury benefits.
The level of disability can be based on the diagnosis conclusion and make a preliminary judgment according to the "Labor Ability Appraisal - Classification of Disability Levels Caused by Work-related Injuries and Occupational Diseases of Employees", and finally the appraisal conclusion made by the appraisal agency recognized by the labor department shall prevail.
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This is called a work injury.
1. Basis: Article 14 of the Regulations on Work-related Injury Insurance An employee shall be deemed to have suffered a work-related injury if he or she has any of the following circumstances:
1) Being injured in an accident during working hours and in the workplace due to work-related reasons;
2) Being injured in an accident while engaging in work-related preparatory or finishing work in the workplace before or after working hours;
3) Injured by violence or other accidents during working hours and in the workplace due to the performance of work duties;
4) Suffering from occupational diseases;
5) Injured or unaccounted for in an accident while away for work;
6) Injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train for which they are not primarily responsible;
7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.
2. Regardless of whether there is a light on the stairs or not, falling from the stairs in the workplace is an accident, and it is not a situation that cannot be recognized as a work-related injury under the provisions of "drunkenness or drug abuse, self-harm or suicide, intentional crime", etc., so you fully apply the provisions of item (2) above, "being injured by an accident while engaging in work-related preparatory or finishing work in the workplace before and after working hours" or "being injured by an accident due to work-related reasons during working hours and in the workplace".
3. If the natural light in the stairwell is very dim or the stairs in the core tube or the sky is dark after work, the stairs are not lit, and the construction unit violates the "Construction Project Safety Production Construction Management Law" and other relevant laws and regulations, and the construction unit shall be fully responsible, and it is irrefutable that falling down the stairs is recognized as a work-related injury.
4. Even if there is outdoor light shining in the staircase, but the construction site generally gets off work late, the light is dark, and the accident of falling down the stairs occurs, the lack of lighting in the staircase should be the main reason, so the construction unit should still bear full responsibility or main responsibility, and it should also be recognized as a work-related injury.
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Count it! The construction unit must have sufficient lighting for night construction. Defend your rights!
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Count, find the boss, he has the duty to provide you with labor protection products, and safety protection equipment, with construction lighting conditions.
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A fall on the stairs after work is not considered a work injury, as follows:
1. Because I have already left work, not during working hours;
2. The injury when going down the stairs is not due to work reasons;
3. Going down the stairs is not a finishing touch in the workplace;
4. On the way to and from work, if you are injured in a traffic accident or an accident in urban rail transit, passenger ferry, or train for which you are not primarily responsible, it shall be deemed to be a work-related injury. Injuries sustained by a fall on the stairs after work that are not the primary responsibility of the person or an accident caused by urban rail transit, passenger ferry, or train cannot be found to be a work-related injury.
1. Which traffic accidents are recognized as work-related injuries.
Work-related injuries refer to injuries caused by adverse factors and occupational diseases suffered by workers when they are engaged in occupational activities or activities related to occupational activities. According to the Regulations on Work-related Injury Insurance, a person who is injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train for which he or she is not primarily responsible is injured during the commute to and from work is a work-related injury.
The following circumstances shall be recognized as work-related injuries by employees:
1. On the way to and from work, you are injured in a traffic accident for which you are not primarily responsible.
Non-primary responsibility refers to the situation of equal responsibility, secondary responsibility and no responsibility; Because of my primary responsibility and.
2. Injured in a traffic accident during working hours due to work-related reasons.
Employees who are injured in traffic accidents during working hours include injuries to both employees who are drivers of motor vehicles and employees who are not drivers.
2. Is it considered a work-related injury if I fall and injure myself on the way to work?
A fall on the way to work is not considered a work-related injury. If an employee has any of the following circumstances, it shall be recognized as a work-related injury: suffering from an occupational disease; Injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train for which he or she is not primarily responsible while commuting to or from work; Injured in an accident during working hours and in the workplace due to work-related reasons; Other.
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Count as a work-related injury. Work-related accidents (also known as labor accidents) refer to accidents such as personal injury and acute poisoning that occur when in-service workers are engaged in production-related activities in the production area and during working hours.
In a broad sense, work-related accidents also include the suffering from occupational diseases. The term "work-related accidents" referred to in work-related accident compensation is broadly defined. Workers who suffer work-related accidents can enjoy a one-time disability allowance and disability allowance depending on the situation.
The calculation of workers' compensation is:
1. The amount of compensation for medical expenses is equal to the amount of diagnosis and treatment plus the amount of drugs plus the amount of hospitalization service fees;
2. The amount of compensation for transportation and accommodation expenses is equal to transportation expenses plus accommodation expenses plus food expenses;
3. The amount of compensation for assistive devices is equal to the reasonable cost of ordinary applicable devices. The two parties negotiate to apply for labor arbitration and settle the claim through civil litigation. Employees who are injured in accidents or sell dates in bulk are entitled to work-related injury medical treatment.
Work-related injuries are direct or indirect accidents caused by work, and generally speaking, it is a situation in which an employee is injured in production or work. With regard to the criteria for determining work-related injuries, the Regulations on Work-related Injury Insurance divide the determination of work-related injuries into two situations: those that should be recognized as work-related injuries and those that are deemed to be work-related injuries, and clearly define the circumstances that cannot be recognized as work-related injuries and those that are deemed to be work-related injuries. In real life, the identification of work-related injuries needs to be flexibly measured according to the time, place, and cause of work-related injuries.
1. How to compensate for work-related injuries after they are identified?
1) After receiving the disability appraisal conclusion, the worker and the employer may apply for work-related injury insurance benefits after terminating the labor contract; The employee can submit the application materials for work-related injury insurance benefits to the employer, and then the employer will apply for the work-related injury insurance compensation window of the labor department on behalf of the employee, and then settle all the compensation and wages in a lump sum when the employee and the employer terminate the labor contract.
2) When the labor contract is terminated between the employee and the employer, the employee shall first negotiate with the employer to receive a one-time employment subsidy, and then the company shall provide various supporting materials for the work-related injury and then cooperate with the work-related injury certificate, appraisal conclusion and other materials to apply for other one-time work-related injury insurance benefits at the work-related injury insurance compensation window of the labor department.
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1. Is falling and breaking a bone on the way off work considered a work-related injury?
1. If a worker falls and fractures himself on the way to work, if the fracture is not caused by a traffic accident or the fracture is not caused by the finishing work in the unit, it is not considered a work-related injury. If there is a situation such as a fracture in a traffic accident for which the person is not primarily responsible on the way to work, it is considered a work-related injury.
2. Legal basis: Regulations on Work-related Injury Insurance
Article 14: In any of the following circumstances, an employee shall be deemed to have suffered a work-related injury:
1) Being injured in an accident during working hours and in the workplace due to work-related reasons;
2) Hail of injuries caused by an accident in the workplace before or after working hours while engaged in work-related preparatory or finishing work;
3) Injured by violence or other accidents during working hours and in the workplace due to the performance of work duties;
4) Suffering from occupational diseases;
5) Injured or unaccounted for in an accident while away for work;
6) Injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train for which they are not primarily responsible;
(7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.
2. What are the circumstances of the employee, it is regarded as a work-related injury
1. Died of sudden illness during working hours and at work, or died within 48 hours after rescue failed;
2. Suffering harm in emergency rescue and disaster relief and other activities to safeguard national interests or public interests;
3. The employee originally served in the army, was disabled due to war or duty injury, and has obtained the disabled military certificate, and was injured after arriving at the employer.
4. Enjoy work-related injury insurance benefits in accordance with the relevant provisions of these Regulations; Employees who have the circumstances in item 3 of the preceding paragraph shall enjoy work-related injury insurance benefits other than a one-time disability subsidy in accordance with the relevant provisions of these Regulations.
5. If an employee has any of the following circumstances, it shall not be recognized as a work-related injury or regarded as a work-related injury: due to a crime or violation of public security management; Drunkenness leads to **; Self-harm or suicide.
The cause of the fall on the way home from work is man-made or self-inflicted, and the parties must tell the truth when stating the facts, and must not conceal or deceive. The employer's work-related injury insurance effectively protects the legitimate rights and interests of the worker and ensures that the victim's life is treated in a timely manner. When applying for compensation, individuals should keep their receipts for medical charges.
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In accordance with the Regulations on Work-related Injury Insurance
Article 14 If an employee has any of the following circumstances, it shall be found to be a work-related injury:
1) Breaking up a group due to an accident during working hours and in the workplace due to work-related reasons;
2) Being injured in an accident while engaging in work-related preparatory or finishing work in the workplace before or after working hours;
3) Injured by violence or other accidents during working hours and in the workplace due to the performance of work duties;
4) Suffering from occupational diseases;
5) Injured or unaccounted for in an accident while away for work;
6) Injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train for which they are not primarily responsible;
7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.
1. Trial Measures for Work-related Injury Insurance for Employees of Enterprises.
In 1996, the former Ministry of Labor of China promulgated the Trial Measures for Work-related Injury Insurance for Employees of Enterprises, which clearly stipulates the scope of work-related injuries. Where an employee is injured, disabled, or dies due to any of the following circumstances, it shall be found to be a work-related injury, and its scope is as follows:
1.Those who are engaged in the daily production or work of the unit or the work temporarily designated by the responsible person of the unit, and in an emergency, engage in work that is directly related to the major interests of the unit, although they have not been designated by the responsible person of the unit.
2.Upon arrangement or consent of the responsible person of that unit, engaging in scientific experiments, inventions, creations, and technological improvement work related to that unit.
3.Occupational diseases caused by exposure to occupational harmful factors in the production and working environment.
4.During the production working hours and in the area, accidental injuries caused by unsafe factors, or death due to sudden illness due to work tension or total loss of labor after the first rescue**.
5.Personal injury caused by the performance of duties.
6.Engaging in rescue, disaster relief, rescue, and other activities to safeguard the interests of the state, society, and the public.
7.Disabled servicemen who have been disabled in the line of duty or because of the war have been injured after recovering from their majors and working in the enterprise.
8.During the period of going out on business, due to work reasons, the person is injured or missing due to a traffic accident or other accident, or dies due to a sudden illness or loses labor force after the first rescue**.
9.An accident occurs during the commute to work on other reasonable routes within a reasonable time is a work-related injury.
1) Commuting to and from work by a reasonable route between the place of work and the place of residence, the place of residence of the regular resident and the dormitory of the unit, within a reasonable time;
2) Commuting to and from work within a reasonable time by a reasonable route between the place of work and the place of residence of the spouse, parents, or children;
3) Engage in activities that are necessary for daily work and life, and commute to and from work at a reasonable time and on a reasonable route;
4) Commuting to and from work on other reasonable routes within a reasonable time. (Injuries on the way to and from work refer to traffic accidents that occur at a reasonable time and route, and for which the person is not primarily responsible.) )
10.Other circumstances stipulated by laws and regulations.
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Legal analysis: falling down the stairs after work is not considered a work injury. First of all, because it is already off work, not during working hours; The company's stairs are not within your workplace; Falling down the stairs and being injured was not due to work.
Therefore, it does not meet the conditions for recognition of work-related injuries. Secondly, going down the stairs is not considered finishing work in the workplace. There are also non-traffic accident injuries on the way to and from work, which cannot be recognized as work-related injuries.
During working hours and in the workplace, work-related injuries are considered to be caused by accidents.
Legal basis: Article 14 of the Regulations on Work-related Injury Insurance An employee shall be deemed to have suffered a work-related injury under any of the following circumstances:
1) Being injured in an accident during working hours and in the workplace due to work-related reasons;
2) Being injured in an accident while engaging in work-related preparatory or finishing work in the workplace before or after working hours;
3) Injured by violence or other accidents during working hours and in the workplace due to the performance of work duties;
4) Suffering from occupational diseases;
5. During the period when they are out for work, they are injured due to work reasons or their whereabouts are unknown in the event of an accident at a banquet;
6. Being injured in a traffic accident for which they are not primarily responsible, or by an accident involving urban rail transit, passenger ferry, or train while commuting to or from work;
7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.