Is being hit by a car while at work considered a work related injury?

The Regulations on Work-related Injury Insurance set strict limits on the circumstances under which work-related injuries can be determined. According to Article 14, Paragraph 3 of the Regulations of the People's Republic of China on Work-related Injury Insurance, if an employee is injured by violence or other accidents during working hours and in the workplace due to the performance of work duties, and if he or she is injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train that is not his or her primary responsibility while commuting to and from work, these two circumstances shall be recognized as work-related injuries. In other words, only if you are injured in a motor vehicle accident while commuting to or from work and you are not primarily responsible for it can be recognized as a work-related injury.

In such cases, when applying for a work-related injury determination, it is necessary to submit a certificate of responsibility or other valid proof from the public security and transportation department. The injuries caused by robbery on the way to work are obviously not accidents suffered during working hours and in the workplace, and they are not traffic accident injuries, and the injuries caused by robbery are completely accidental injuries and do not meet the conditions for determining work-related injuries under the above-mentioned laws, so they cannot be recognized as work-related injuries.

The determination of work-related injuries mainly emphasizes factors such as working hours, place of work, and reasons for work. The commuting to and from work should not be interpreted too broadly, and should refer to the process by which an employee leaves the employer to return home or leave home to return to the employer at a reasonable time and route, and if the employee goes to another place to handle other affairs on the way, and the affairs are not necessarily related to his work or home, the process should not be deemed to be on the way to and from work. For example, if an employee gathers with friends or goes shopping at a mall after work and then goes home, he or she is not on his way home to a party with friends or to the mall, and then on his way home.

Of course, if an employee goes to breakfast on the way to work, or goes home to buy groceries after work, etc., this matter should be understood as a matter of common sense because it is a necessary requirement of his daily work and life, and it is in line with common sense.

Car accidents are common when commuting to and from work, which has a great impact on the work and life of employees. However, if all commuting accidents are recognized as work-related injuries, the recognition of work-related injuries will be expanded indefinitely, and it will not be in the interests of other injured employees. Being injured by a gangster on the way to and from work is fundamentally different from an injury in a motor vehicle accident, so the injury cannot be recognized as a work-related injury.

Therefore, you should pay attention to self-protection when you go out, and you should call the police in time if you encounter robbers on the road.

1. Is being hit by a car at work considered a work-related injury?

1. Being hit by a car at work is not necessarily considered a work injury. Specifically:

1) If you are hit by a car at work, if the perpetrator bears the main responsibility and the victim does not need to be held responsible, then it is considered a work-related injury;

2) If the victim is primarily responsible for being hit by a car at work, then it is considered a work-related injury.

2. Legal basis: Article 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.

2. What materials should be submitted when applying for work-related injury determination.

1. Application form for work-related injury identification;

2. Proof of the existence of labor relationship (including de facto labor relationship) with the employer;

3. Medical diagnosis certificate or occupational disease diagnosis certificate (or occupational disease diagnosis and appraisal certificate).

The application form for determination of work-related injury shall include basic information such as the time, place, and cause of the accident, as well as the degree of injury of the employee.

Where the materials provided by the applicant for work-related injury determination are incomplete, the social insurance administrative department shall inform the applicant of all the materials that need to be supplemented and corrected in writing at one time. After the applicant requests to supplement and correct the materials in accordance with the written notice, the labor and social security administrative department shall accept the application.

Being hit by a car during work is considered a work-related injury. If a traffic accident occurs during work, it is a work-related injury and can apply for a work-related injury determination, and if it is a traffic accident caused during the commuting process and is not the main responsibility of the person, it can also be recognized as a work-related injury.

If an employee is injured in an accident or is diagnosed or appraised as an occupational disease in accordance with the provisions of the Law on the Prevention and Control of Occupational Diseases, the unit to which he belongs shall, within 30 days from the date of the accident injury or the date of diagnosis or appraisal of an occupational disease, submit an application for recognition of work-related injury to the social insurance department of the coordinating region. In case of special circumstances, the time limit for application may be appropriately extended with the consent of the social insurance administrative department. If the employer fails to submit an application for recognition of work-related injury in accordance with the provisions of the preceding paragraph, the injured employee or his close relatives or trade union organization may, within one year from the date of occurrence of the accident injury or the date of diagnosis or appraisal of an occupational disease, directly submit an application for recognition of work-related injury to the social insurance administrative department of the coordinating area where the employer is located.

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) Suffering accidental injuries such as violence during the work hours and in the workplace where the work is due;

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 Analysis: A motor vehicle accident that occurs on the way to and from work is a work-related injury.

Legal basis: Article 14 of the Regulations on Work-related Injury Insurance.

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 during 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) Being injured in a motor vehicle accident while commuting to or from work;

7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.

A motor vehicle accident that occurs on an employee's way to and from work is considered a work-related injury.

1. Is a sudden heart attack at work a work-related injury?

A sudden heart attack during work is considered a work-related injury.

If you have a heart attack during work, but you are also rescued after hospitalization, you will not be entitled to work-related injury benefits, or if the employee dies after 48 hours, you will not be entitled to work-related injury benefits. Even if the rescue fails within 48 hours and dies, it is necessary to apply for a work-related injury determination first. If the following conditions are met at the same time, then it is considered a work-related injury:

1. The accident must occur only during the commute to and from work;

2. The employee must have an accident on the route to and from work;

3. I must not be responsible for the paragraph or not bear the main responsibility.

Compensation is required according to the compensation standard for work-related injuries.

2. Is it considered a work-related injury for an employee to be infected with the virus while working on the roadside?

If an employee is infected with the virus on the way to and from work, it generally cannot be counted as a work-related injury, but if it is injured in activities to safeguard national interests and public interests such as emergency rescue and disaster relief, it will be regarded as a work-related injury and enjoy work-related injury insurance benefits in accordance with the law. The employer shall, within 30 days from the date of occurrence of the accident injury or the date of diagnosis or appraisal of an occupational disease, submit an application for recognition of work-related injury to the social insurance administrative department of the coordinating area.

3. Identification of work-related injuries on the way to and from work.

There is a time zone for commuting, calculated according to the commuting time stipulated by the unit, the time is calculated from the time of leaving the house, and if the person is not the main responsibility or is not responsible for the accident on the necessary route to and from work, the non-motor vehicle traffic accident or all traffic accidents such as urban rail transit, passenger ferries, trains, etc., shall also be recognized as work-related injuries; If the person is primarily responsible, it cannot be considered a work-related injury.

Article 14 (1) of the Regulations on Work-related Injury Insurance (1) Injured in an accident due to work-related reasons during working hours and in the workplace; 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 work 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) Being injured in a motor vehicle accident while commuting to or from work with lead burning; 7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.

Summary. Hello dear. If the employee is hit by a car on the way to work, and the employee bears the main or full responsibility, it is not a work-related injury.

If the employee bears equal responsibility, secondary responsibility, or no responsibility, it is a work-related injury. Legal 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) Being injured in a motor vehicle accident while commuting to or from work; 7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.

Hello dear. If the employee is hit by a car on the way to work, and the employee bears the main or full responsibility, it is not a work-related injury. If the employee bears the same responsibility, secondary responsibility or no responsibility, it is a work-related injury.

Legal basis: Article 14 of the Regulations on Work-related Injury Insurance Article 14 An employee shall be deemed to have suffered a work-related injury under any of the following circumstances: (1) Injured in an accident during working hours and in the workplace due to work-related reasons; (2) Hail in the workplace before or after working hours and is injured in an accident while engaged in work-related preparatory or finishing work; (3) Accidental injuries such as violence 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) Being injured in a motor vehicle accident while commuting to or from work; 7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.

Hello dear, what is the responsibility in the accident?