If an employee dies in a unilateral traffic accident on the way to work, can he report work related

Q: If an employee dies in a unilateral traffic accident on the way to work, can he report work-related injury compensation?

Death compensation, also known as death compensation, refers to a certain amount of compensation given to the family of the deceased by the relevant responsible person in accordance with certain standards if the victim dies as a result of a road traffic accident. The death of the victim has caused huge material and moral losses to his family and his relatives, is a serious infringement on the interests of others, and is a serious consequence of a road traffic accident, and compensation should be given. Death compensation is not compensation for the loss of life of the deceased himself, and life is priceless and cannot be compensated.

The purpose of establishing the death compensation fee in legislation is to stabilize the life of the deceased's family, soothe the mental trauma suffered by the deceased's family, and make up for the corresponding property losses suffered by the deceased's family.

The laws and regulations on which the compensation for death in a traffic accident is based.

1.Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases of Compensation for Personal Injuries and Personal Injuries

Article 29 Death compensation shall be calculated over a period of 20 years in accordance with the per capita disposable income of urban residents or the per capita net income of rural residents in the previous year at the location of the court where the lawsuit is filed. However, if the age is over 60 years old, the age shall be reduced by one year for each additional year; Those over the age of 75 are counted as five years.

2.Interpretation of the Supreme People's Court on Several Issues Concerning the Trial of Cases of Compensation for Personal Injuries Caused by Electric Shock

Death compensation in Paragraph 8 of Article 4: Compensation for 20 years based on the average local living expenses. For those over the age of 70, one year shall be reduced for each additional year of age, but the minimum period of compensation shall not be less than 10 years.

The formula for calculating traffic accident death compensation.

Article 29 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases stipulates that "death compensation shall be calculated over a period of 20 years in accordance with the per capita disposable income of urban residents or the per capita net income of rural residents in the previous year at the location of the court where the lawsuit is filed." However, if the age is over 60 years old, the age shall be reduced by one year for each additional year; If the dagger is over 15 years old, it will be counted as five years. "According to the above provisions, the calculation of death compensation varies according to the age of the victim and the number of years of compensation, but it is calculated on the basis of the per capita disposable income of urban residents or the per capita net income of rural residents in the previous year at the location of the court where the lawsuit is filed.

The location of the court being sued and the location of the person responsible for the accident are generally the same, and the per capita disposable income of urban residents and the per capita net income of rural residents shall be determined in accordance with the relevant statistical data of the previous year published by the local ** statistical department. The following is an example of a victim under the age of 60.

It is calculated as follows:

Death compensation = per capita income of the previous year in the place where the person responsible for the accident is responsible for 20 years.

How to compensate for a traffic accident on the way to work.

Whether a traffic accident death on the way to work is considered a work-related injury requires a specific judgment based on the traffic accident certificate issued by the traffic police. Specifically:

1. Traffic accidents on the way to and from work are work-related injuries. As long as it is not the main responsibility of the person, it can be recognized as a work-related injury;

2. If you are primarily responsible for a traffic accident on the way to and from work, it is not considered a work-related injury.

What are the materials for applying for work-related injury recognition in a traffic accident?

1. A copy of the injured employee's ID card and the employer's industrial and commercial registration materials;

2. A copy of the labor contract or materials that can prove the existence of an employment relationship or a de facto labor relationship;

3. Medical records, diagnosis certificates, court records and other medical materials at the time of the accident;

4. If it is a motor vehicle accident, the accident certificate or other valid certificates of the traffic police department shall be detained;

5. Contact the labor department in time to see if supplementary materials are needed;

6. Receive a work-related injury certificate or notice of inadmissibility.

Legal basisArticle 14 of the Regulations on Work-related Injury Insurance.

In any of the following circumstances, it shall be found to be a work-related injury:

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.

If an employee encounters a traffic accident on the way to and from work, it can be recognized as a work-related injury, but the following conditions must be met at the same time: first, the traffic accident must occur at the specified time of commuting to and from work; Second, it must have been a traffic accident on the route to and from work; Third, it must be the person who is not fully responsible or not the main responsibility; Fourth, it must be a road traffic accident caused by a motor vehicle. According to the Regulations on Work-related Injury Insurance, an employee shall be recognized as a work-related injury if he or she has one of the seven 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. Legal basis: Article 14 of the Regulations on Work-related Injury Insurance shall be recognized as a work-related injury if an employee 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.

Is it a work-related injury if you are injured on the way to work?

If the traffic accident for which the employee is primarily responsible cannot be recognized as a work-related injury, the company can pay the funeral expenses.

According to the relevant regulations of the Ministry of Labor, if an employee has a traffic accident on the way to work, it will be treated as a work-related injury. Although no employment contract was signed, it did not affect the nature of the incident.

Hello, 1. Your friend's situation should be a work-related injury, if the employer does not help your friend apply for work-related injury recognition within one month from the date of the accident, your friend's close relatives can apply to the local labor and social security bureau where the employer is located within one year from the date of the accident to apply for work-related injury identification, of course, the fact that the labor relationship can still provide evidence now, as soon as possible to apply for work-related injury identification, after the work-related injury is determined, if the employer does not compensate according to the work-related injury, your friend's close relatives can apply for labor arbitration, Require the employer to compensate for the work-related injury. Work-related compensation items include funeral benefits, dependent family pensions and one-time work-related death benefits. 2. Regarding the traffic accident part, although your friend bears the primary responsibility for the accident, the van bears the secondary responsibility, right?

Your friend's first-order heirs, that is, parents, spouses, and children, can ask the insurance company of the van to bear the liability within the scope of the liability limit of the compulsory traffic insurance, that is, 122,000 yuan, and the part exceeding 122,000 yuan can require the owner and driver of the van to jointly and severally compensate for the loss of 40 yuan. Traffic accident compensation items include funeral expenses, death compensation, living expenses for dependents, solatium for mental damages, lost work expenses, transportation expenses, accommodation expenses, etc. The specific calculation standard is to implement the principle of the place where the accident occurred and the place of household registration.

If an employee encounters a traffic accident on the way to and from work, it can be recognized as a work-related injury, but the following conditions must be met at the same time: first, the traffic accident must occur at the specified time of commuting to and from work; Second, it must have been a traffic accident on the route to and from work; Third, it must be the person who is not fully responsible or not the main responsibility;

Legal analysis

On the way to and from work, an employee who is injured in a motor vehicle accident shall be deemed to have suffered a work-related injury. According to the relevant laws, an employee shall be recognized as a work-related injury if he or she has one of the six circumstances: he or she is injured in an accident due to work-related reasons during working hours and in the workplace; Injured in an accident while engaged in work-related preparatory or finishing work in the workplace before or after working hours; Injured by violence or other accidents during working hours and in the workplace due to the performance of work duties; suffering from occupational diseases; During the period when he was out for work, he was injured purely for work reasons or his whereabouts were unknown in an accident; Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.

If an employee has any of the following circumstances, it shall be regarded as a work-related injury: death from sudden illness during working hours and at work, or death within 48 hours after rescue efforts fail; Suffering harm in activities to safeguard national interests or public interests, such as emergency rescue and disaster relief; Employees who originally served in the army, were disabled due to war, and were disabled due to negative injuries in the line of duty, and have obtained the certificate of revolutionary disabled soldiers, and were injured after arriving at the employer. In the event of a dispute between an employee and an employer over the determination of work-related injury, the employer shall bear the burden of proof.

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) he or she is injured in an accident during working hours and in the workplace due to work-related reasons; (2) Being injured in an accident in the workplace before or after working hours, engaging 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.

Article 15 An employee shall be deemed to have suffered a work-related injury under any of the following circumstances: (1) He or she dies of a sudden illness during working hours and at work, or dies within 48 hours after rescue fails; (2) Suffering harm in emergency rescue and disaster relief or other activities to preserve the national interest or the public interest; (3) Employees who previously served in the army, were disabled due to injuries sustained in war or in the line of duty, and have obtained a certificate of disabled revolutionary servicemen, but were injured after arriving at the employer. Where employees have any of the circumstances in items (1) or (2) of the preceding paragraph, they shall 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.

Lawyer's answer: It depends.

Lawyer's analysis: It depends on the specific situation.

If you die in a traffic accident on the way to work, and the following conditions are met, it can be counted as a work-related injury

1. The traffic accident must have occurred at the specified time of commuting to and from work.

2. It must be a traffic accident that occurred on the necessary route to and from work.

3. It must be the person who is not fully responsible or not the main responsibility.

4. It must be a road traffic accident caused by a motor vehicle.

Legal basis: Article 36 of the Social Insurance Law of the People's Republic of China.

If an employee is injured in an accident or suffers from an occupational disease due to work-related reasons, and the work-related injury is recognized, he or she shall enjoy work-related injury insurance benefits;

Among them, those who have lost their ability to work after the appraisal of their working ability will enjoy the treatment of being injured and disabled.

The determination of work-related injuries and the evaluation of labor ability shall be simple and convenient.

Article 37.

If an employee is at work due to one of the following circumstances, it shall not be deemed to be a work-related injury:

1) Intentional crime;

2) Drunkenness or drug abuse;

3) self-harm or suicide;

4) Other circumstances provided for by laws and administrative regulations.

Summary. From a legal point of view: counted, there is compensation.

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: (6) 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. Article 39 If an employee dies on the job, his close relatives shall receive funeral subsidies, pensions for dependent relatives and one-time work-related death subsidies from work-related injury insurance in accordance with the following provisions:

If a traffic accident occurs on the way to work and the other party dies, will the work-related injury insurance compensate you?

From a legal point of view: counted, there is compensation. 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:

6) Injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train for which they are not primarily responsible; Article 39 If an employee dies on the job, his relatives shall receive a funeral subsidy, a pension for dependent relatives and a one-time work-related death subsidy in accordance with the following provisions

Legal basis: Article 38 of the Social Insurance Law of the People's Republic of China The following expenses incurred due to work-related injuries shall be paid from work-related injury insurance in accordance with the provisions of the state: (1) medical expenses and expenses for work-related injuries; (2) Hospitalization food supplements; (3) Transportation and lodging expenses for medical treatment outside the overall planning area; (4) The cost of installing and configuring assistive devices for the disabled; (5) For those who are unable to take care of themselves, the living care expenses confirmed by the Labor Ability Appraisal Committee; (6) A one-time disability subsidy and a monthly disability allowance for employees with disabilities of grades 1 to 4; (7) A one-time medical subsidy to be enjoyed when the labor contract is terminated or dissolved; (8) In the case of work-related death, the funeral allowance, pension for dependent relatives and work-related death allowance received by the surviving family members; (9) Labor ability appraisal fee.