Falling and being run over by a car on the way to work is not considered a work related injury

Those who are not the main responsibility of the person can be counted as a work-related injury.

According to the Regulations on Work-related Injury Insurance, if an employee is injured in a traffic accident or an urban rail transit, passenger ferry, or train accident for which he or she is not primarily responsible applies for recognition of work-related injury, the applicant needs to provide a traffic accident certificate issued by the public security traffic management department or other relevant departments, and the accident liability borne by the injured employee in the certificate is equal responsibility, secondary liability or no liability, so that it can be recognized as a work-related injury.

At the same time, the Provisions of the Supreme People's Court on Several Issues Concerning the Trial of Administrative Cases of Work-related Injury Insurance, which came into effect on September 1 this year, clarified the four types of determination circumstances for "commuting to and from work" that should be supported by the people's courts:

Commuting to and from work by a reasonable route between the place of work and residence, habitual residence, or dormitory within a reasonable time;

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;

Engage in activities necessary for daily work and life, and commute to and from work at a reasonable time and on a reasonable route;

Commuting to and from work on other reasonable routes within a reasonable time.

The traffic police shall determine the responsibility for the accident, and those who are not the main responsibility can be counted as work-related injuries.

Determination of work-related injury]:

5) During the period of going out for work, the person is injured due to work reasons or the whereabouts of the accident are unknown;

6) Being 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;

No, the scope of the work-related injury is in the company.

Legal analysis: walking to and from work, as a pedestrian, on the way to and from work, if an accident occurs, whether it can be recognized as a work-related injury, this needs to distinguish different situations, first of all, he accidentally fell, this must not constitute a work-related injury, because the pedestrian himself did not notice the relevant environment when he fell, and at this time he was also not under the premise of the traffic environment. Secondly, if you are hit by a car, whether it can be recognized as a work-related injury, generally as long as a pedestrian is hit by a car, it can be recognized as a work-related injury on the way to and from work, because the motor vehicle is generally an accident with a pedestrian, the motor vehicle is mainly responsible, and the premise of the traffic environment is also satisfied, so it can constitute a work-related injury, the last situation, the pedestrian is hit by a moped and a pedestrian can be identified as a work-related injury, because the moped is not a motor vehicle, so the nature of the pedestrian is basically the same, it depends on whose responsibility is greater.

Legal basis: Article 6 of the Provisions of the Supreme People's Court on Several Issues Concerning the Trial of Administrative Cases of Work-related Injury Insurance clarifies four types of circumstances for the recognition of work-related injuries on the way to and from work, which have attracted widespread social attention:

1) Commuting to and from work by a reasonable route between work and residence, habitual residence, or unit dormitory 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.

Legal analysis: Falling and injuring yourself on the way to work is not considered a work-related injury. In any of the following circumstances, it shall be found to be a work-related injury:

suffering from occupational diseases; 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.

Legal basis: Article 14 of the Regulations of the People's Republic of China 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;

Fourth, fiber-permeating) suffering from occupational diseases;

5) During the period of going out for work, the person is injured due to work reasons or the whereabouts of the accident are unknown;

6) On the way to and from work, the person who is injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train, that is not the main responsibility of the person is not the person for participating; (7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.

Legal Analysis: If the office is a workplace for employees who are cautious, falling and being injured during working hours due to work reasons should be recognized as work-related injuries; Before or after working hours, falling and injuring injuries while engaged in work-related preparatory or finishing work shall also be recognized as work-related injuries.

Legal basis: Article 14, Paragraph 6 of the "Regulations on Work-related Injury Insurance" On the way to and from work, if you are injured in a traffic accident or an urban rail transit, passenger ferry, or train accident for which you are not primarily responsible, it shall be deemed to be a work-related injury.

There are only two circumstances in which an accident occurs on the way to and from work for an employee who is deemed to have suffered a work-related injury or is deemed to have suffered a work-related injury: one is to be 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;

Second, they are harmed by participating in emergency rescue and disaster relief and other activities to safeguard national interests and public interests.

An employee's fall and injury on the way to and from work does not belong to one of the two circumstances, and cannot be recognized as a work-related injury or regarded as a work-related injury.

1. Relevant 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) 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 of going out for work, the person is injured due to work reasons or the whereabouts of the accident are unknown;

6) Being injured in a traffic accident or an urban rail transit, passenger ferry, or train accident for which they are not primarily responsible while commuting to or from work;

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

2. What is a work-related injury?

Work-related injuries are also known as "work-related injuries" and "work-related injuries". Employees are injured in production or work. According to the provisions of the state, those who are injured while performing routine work and work temporarily designated or agreed by the enterprise administration, engaging in work that is not designated by the enterprise administration but are beneficial to the enterprise in an emergency, and engaging in invention or technological improvement work are all work-related injuries.

The Regulations of the People's Republic of China on Labor Insurance, amended and promulgated by the Government Council on January 2, 1953, stipulate that if a worker or employee is injured on the job, all his or her medical expenses, medicine expenses, hospitalization expenses, meals and medical expenses during hospitalization shall be borne by the enterprise and the government. Wages are paid during the medical treatment period; When the employee is determined to be disabled, the employee shall be paid a monthly disability pension or work-related disability allowance from the labor insurance premium, depending on the degree of disability.

If you fall on the way to work due to your own reasons, it will not be counted as a work-related injury, and you cannot claim compensation. If the definition of whether it is caused by oneself or non-human causes is vague, the police can be called to make a judgment, but it is best for the employee to negotiate with the employer and resolve it amicably.

Legal analysis: Falling on the way to work is generally not considered a work-related injury, and the employee's fall injury is caused by his failure to pay attention to the relevant environment, and at the same time, he is not under the premise of a traffic environment, so it cannot be determined that it constitutes a work-related injury. First imitation.

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

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 of going out for work, the person who was injured due to work or had an accident and the whereabouts of the person who was in an accident were unknown; 6) Being 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; (7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.

Legal analysis: It is not the responsibility of the person to be considered a work-related injury, and a fall that is entirely due to one's own reasons is not counted.

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: (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;

Article 16 of the Regulations on Work-related Injury Insurance An employee who meets the requirements of Articles 14 and 15 of these Regulations shall not be deemed to have suffered a work-related injury or be deemed to have suffered a work-related injury under any of the following circumstances: (1) Intentionally committing a crime; (2) Pretending to be drunk or taking drugs; (3) Self-harm or suicide.

Legal Analysis: Count. According to the "Regulations of the People's Republic of China on Work-related Injury Insurance", if a person is injured in a traffic accident or an urban rail transit, passenger ferry, or train accident for which he or she is not primarily responsible while commuting to or from work, it shall be deemed to be a work-related injury.

Legal basis: Article 14 of the Regulations of the People's Republic of China on Work-related Injury Insurance provides that an employee shall be deemed to have suffered a work-related injury if he or she has any of the following circumstances: (1) he or she is injured in an accident during working hours and in the workplace due to work-related reasons; (2) Injured in an accident in the workplace before or after working hours, 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) During the period of going out for work, the person is injured due to work reasons or the whereabouts of the accident are unknown; 6) Being 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; (7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.

Calculate. According to the Regulations of the People's Republic of China on Work-related Injury Insurance, if a person is injured in a traffic accident or an urban rail transit, passenger ferry, or train accident for which he or she is not primarily responsible while commuting to or from work, it shall be deemed to be a work-related injury.

1. Whether leaving work is considered a work-related injury.

According to the regulations on work-related injury insurance, if you receive a traffic accident or an accident injury in urban rail transit, passenger ferry, or train that is not your primary responsibility on the way to and from work, you can be recognized as a work-related injury.

2. Can the person responsible for the main malpractice of the traffic accident be recognized as a work-related injury?

Clause. 1. According to Article 14 (6) of the Regulations on Work-related Injury Insurance, "a person who is injured in a traffic accident or an urban rail transit, passenger ferry, or train accident for which he or she is not primarily responsible while commuting to or from work" shall be deemed to be a work-related injury. This provision focuses on traffic accidents that occur when renting on the way to and from work, that is, if a traffic accident occurs on the way to and from work, the employee bears the main responsibility, and it cannot be recognized as a work-related injury.

Clause. 2. If the time and place of the traffic accident is not on the way to and from work, but at work, and the injury is caused by work, no matter what responsibility is borne for the traffic accident, it should be recognized as a work-related injury.

3. How to determine the work-related injury caused by a car accident.

If a car accident occurs on the way to and from work and is not the main responsibility of the person, it can be recognized as a work-related injury. According to 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) 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 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 of going out for work, the person is injured due to work reasons or the whereabouts of the accident are unknown; 6) Being 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; (7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.

Article 14 of the Regulations of the People's Republic of China on Work-related Injury Insurance stipulates that an employee shall be deemed to have suffered a work-related injury under any of the following circumstances: (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 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 of going out for work, the person is injured due to work reasons or the whereabouts of the accident are unknown; 6) Being 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; (7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.