Legal issues on the handling of accidents on the way home from work 5

If it cannot be recognized as a work-related injury, the medical expenses will be reimbursed according to the medical insurance.

Legal basis: Regulations on Work-related Injury Insurance.

Chapter III: Determination of Work-related Injuries.

Article 14 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) 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) Died of a sudden illness during working hours and at work, or died within 48 hours after rescue efforts failed;

2) Suffering harm in emergency rescue and disaster relief or other activities to preserve national or public interests;

3) Employees who previously served in the army, were disabled due to war or duty injuries, and have obtained the certificate of revolutionary disabled soldiers, and 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.

No. 1. From the perspective of work-related injuries, Article 14 of the 2011 New Regulations on Work-related Injury Insurance stipulates that "(6) Injured in traffic accidents or accidents involving urban rail transit, passenger ferries, or trains for which he or she is not primarily responsible while commuting to or from work; In other words, "commuting to and from work" can only be recognized as a work-related injury in terms of "traffic accidents", which is obviously not the case that the landlord said.

2. From the perspective of infringement, the other party is not at fault, and the establishment of the fence itself is to prevent passage, as a person with full capacity for civil conduct, he should also have the ability to make a correct understanding of this, so there is no need to mark "shall not be crossed" on the fence, and this written reminder obligation is not necessary.

Therefore, from the above point of view, the company is not liable for compensation.

Since the construction site has built a fence, it is to refuse pedestrians to cross the construction site, and there is no need to make other prompts, and your uncle climbs over the fence and forcibly takes a shortcut, which is inappropriate. Because the company was not at fault in this incident, the company is not obligated to be liable for damages. IMHO.

The purpose of the fence is to block the climbing, etc., no special reminder is required, although on the way to work, but do not meet the conditions for work-related injuries, they are responsible, if the company gives some humanitarian aid, of course, it is good, not to give it is not illegal.

Employees commuting to and from work are also counted within the working time range, but it is wrong for your uncle to climb over the fence, and it is also wrong for the company to not post signs on the construction site, so both parties are liable for compensation.

How to deal with traffic accidents is as follows:

1) Stop immediately. After a traffic accident, the vehicle must stop immediately. After stopping, tighten the hand brake, cut off the power supply, turn on the hazard lights, and open the wide lights and tail lights if there is an accident at night.

In the event of an accident on the highway, a hazard warning sign must also be set up behind the vehicle according to the regulations. Keep a clear head, be calm, and remember not to panic.

2) The car width should be reported in a timely manner. After the accident, the parties should call "122" in time or entrust passing vehicles and pedestrians to report the time, place, vehicle and situation of the accident to the nearby public security organs or on duty, and cannot leave the scene of the accident before the police arrive. If necessary, you can also call for help from nearby medical units, emergency centers, and fire departments while calling for the police.

3) Rescue the wounded. If someone is injured in the accident, they should try to send them to the hospital for rescue**, except for minor injuries and refusal to go to the hospital for diagnosis, you can generally stop a passing vehicle or notify the emergency department and the hospital to send an ambulance to rescue. For those who can take rescue measures on the spot, they should do their best to rescue them.

In the absence of passing vehicles or ambulances, the accident vehicle can also be used to send the injured to the hospital for rescue, but the landing location of each wheel of the accident vehicle and the inversion of the injured should be traced, marked, and personnel should be left to take care of the scene.

4) Protect the site. Maintaining the integrity of the scene and obtaining the original evidence at the time of the accident are of great significance for judging the cause of the accident and determining the responsibility for the accident. Therefore, the scene should be protected before the arrival of the traffic police, except for the need to rescue the injured and property, the vehicle, the injured, and the items that caused the accident at the scene shall not be moved without authorization, and the location should be marked when it must be moved.

In case of rain, wind and other weather, local materials should be taken, and the traces should be covered with plastic sheets, mats and other materials to protect them. If necessary, the parties can use ropes and other means to set up a protective cordon to prevent unrelated personnel and vehicles from entering and avoid man-made damage to the scene. When marking the site, try not to obstruct traffic.

If the traffic of vehicles is indeed likely to damage the scene and endanger safety, the scene can be temporarily closed, traffic can be interrupted, and the traffic police will be completed after the investigation of the scene.

5) Do a good job of fire and explosion prevention measures. In order to prevent the expansion of the accident, the driver should first turn off the engine of the vehicle and eliminate other hidden dangers that can lead to the police. Do not smoke at the scene of the accident to prevent ignition of flammable and explosive materials.

In the event of an accident involving a vehicle carrying dangerous goods, the chemical characteristics of the dangerous goods, such as whether they are toxic, flammable and explosive, corrosive, loaded, leakage, etc., should be notified to the fire personnel in order to take preventive measures.

6) Assist in on-site investigation and evidence collection. When the traffic police investigate the scene and investigate and collect evidence, the parties must truthfully state the traffic accident to the traffic police department, and must not conceal the true situation of the traffic accident.

Legal Analysis: Labor RegulationsHow to deal with a car accident on the way to and from work.

Legal basis: Article 14 of the Regulations on Work-related Injury Insurance shall be deemed to be a work-related injury if an employee has any of the following circumstances:

1) Injured in an accident during working hours and in the workplace due to work failure;

2) Being injured in an accident while engaging in preparatory or finishing work related to slag cultivation 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.

Summary. Hello, if an employee has a traffic accident on the way to and from work that is not his or her primary responsibility, it can be recognized as a work-related injury.

Hello, if an employee has a traffic accident on the way to and from work that is not his or her primary responsibility, it can be recognized as a work-related injury.

Has the responsibility of the traffic police department been determined after the accident? Are you not responsible or are you secondarily responsible?

If you are not responsible or secondarily liable, the company should apply for work-related injury recognition within 30 days, and if the company does not apply for work-related injury determination within the specified time, all work-related injury compensation items will be borne by the company.

If the work-related injury has been determined within the specified time, does the follow-up company still have any responsibility?

Did the company buy social security for you?

What is the condition of the injury, whether the ability to work has been evaluated, and whether it constitutes a disability level.

I didn't buy social security I bought accident insurance Broken foot bones Anyway, it's quite serious I'm on my own way from work and was hit by a car The company needs to take other responsibilities in addition to Tihui teasing the work-related injury determination.

If necessary, if the company does not buy social security for you, then the compensation for the work-related injury will be borne by the company.

It is recommended that you go for a labor ability appraisal, and if it constitutes a disability level, then the company will pay more.

If the disability level is constituted, you can complain to the company's main rock stove: medical expenses, one-time disability certificate subsidy, suspension of pay wages, and if the labor contract is terminated, you can also ask for a one-time medical subsidy, and a one-time employment subsidy.

In addition, if you are hit by a car, you can also file a tort lawsuit against the perpetrator for compensation.

There is also the accident insurance purchased by the company What can this accident insurance be used for slippery Even if the accident insurance is purchased, Gongtan Li Si also has to make compensation for the delay in the determination of work-related injuries.

What are the main conveniences of compensation for work-related injury determination?

Also, when I got off work at night and was back to my house, I was hit by a car, and I was injured at work.

If an employee commutes to or from work and has a traffic accident for which he or she is not primarily responsible, it may be recognized as a work-related injury, and the specific results of the work-related injury determination by the labor department shall be required.

Even if the company has purchased the employer's accident insurance, it must also bear the liability of the work-related injury register to bury Hu Ziyin's compensation, and the insurance company can pay you within the scope of the insurance service, or the company can ask the insurance company to pay the company after the compensation, so the role of insurance is to make up for the company's losses.

As I just said, the company can be asked to bear all the medical expenses that are prudent after the work-related injury, and if it constitutes a disability or other grinding level, you can also claim from the company: one-time disability allowance, suspension of work salary, one-time medical subsidy, one-time employment subsidy, etc.

The specific amount and standard of compensation are determined according to the level of disability.

If it does not constitute a disability, you can only pay for medical expenses, wages for the period of leave of absence, nursing expenses, nutrition expenses, food allowances, and transportation expenses.

Of course, the tricycle is responsible. However, the responsibility for retrograde driving is greater, and according to experience, tricycles account for 30% of the responsibility, and electric vehicles account for 70%. The above is a personal speculation, and the responsibility determination issued by the traffic police shall prevail. The tricycle is responsible for the proportional portion of the medical expenses that are determined.

As for work-related injuries, employees can report work-related injuries in traffic accidents on the way to and from work, and the company is irresponsible, so the company can normally declare work-related injuries to the injured, and the specific approval is a matter of the work-related injury department of the Social Security Bureau.

Useful remember to adopt.