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If it is not a work-related injury, the animal keeper or manager shall bear tort liability.
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) 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.
Tort Law.
Article 78: Where raised animals cause harm to others, the animal keeper or manager shall bear tort liability, but where it can be proved that the harm was caused intentionally or by gross negligence on the part of the infringed party, responsibility may not be borne or mitigated.
Article 79: Where management provisions are violated by failing to take safety measures against animals and causing harm to others, the animal keeper or manager shall bear tort liability.
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According to labor law, an accident during the half-hour commute is considered a work-related injury.
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If you are injured in a traffic accident on the way to and from work that is not your main responsibility, you can be recognized as a work-related injury and enjoy work-related injury insurance benefits.
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Legal analysis: being bitten by a dog on the way to work is not considered a work-related injury, and on the way to and from work, only a traffic accident for which the non-worker is primarily responsible is considered a work-related injury, so being bitten by a dog is not considered a work-related injury.
Legal basis: 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) 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.
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Being bitten by a dog on the way to work is not considered a work-related injury, but it may be recognized as a work-related injury only if it is injured in a traffic accident on the way to and from work. Therefore, regardless of whether the dog encountered on the way to work is a mad dog or not, it does not fall within the scope of work-related injuries and therefore the employee is not entitled to compensation.
1. Is being bitten by a dog on the way to work considered a work injury?
On the way to and from work, traffic accidents that are not the main responsibility of the worker are considered work-related injuries, so being bitten by a dog is not considered a work-related injury.
Article 14 of the Regulations on Work-related Injury Insurance Article 14 An employee shall be deemed to have suffered a work-related injury if he or she falls 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) Engaging in work-related preparatory or finishing work in the workplace before or after working hours and being injured by an accident;
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 In any of the following circumstances, an employee shall be deemed to have suffered a work-related injury:
1) Death from sudden illness during working hours and at work, or death 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) The employee was originally in the army, but was disabled due to war or duty injuries, and has obtained a disabled military certificate, and is 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.
2. The time for applying for work-related injury determination
According to the Regulations on Work-related Injury Insurance, the employer shall apply for work-related injury recognition within one month from the date of occurrence of the accident, and if the employer fails to submit an application for work-related injury recognition in accordance with the regulations, the injured employee or his immediate family members or trade union organization may directly apply for work-related injury recognition to the labor and social security administrative department of the co-ordinating area where the employer is located within one year from the date of occurrence of the accident injury or the date of diagnosis or appraisal of the occupational disease.
According to Article 20 of the Regulations on Work-related Injury Insurance, the social insurance administrative department shall make a decision on the determination of work-related injury within 60 days from the date of acceptance of the application for work-related injury determination.
Some employees are bitten by a dog when they leave their jobs to go out to do personal work during the process of going to work, which will definitely not be treated as a work-related injury. However, the owner of the dog can be held liable for compensation. Even for those who are bitten by a dog during normal times and choose the regular route to and from work, it is not a work-related injury at this time.
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A dog bite on the way to work is not considered a work-related injury.
Criteria for determining work-related injuries:
1. Being injured in an accident during working hours and in the workplace due to work 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. During working hours and in the workplace, due to violence and other accidental injuries due to the performance of work duties;
4. Suffering from occupational diseases;
5. During the period when you go out for work, you are injured due to work reasons or your whereabouts are unknown in an accident;
6. Being injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train that is not the person's primary responsibility while commuting to or from work;
7. Other circumstances that shall be recognized as work-related injuries as provided by laws and administrative regulations.
The types of work-related injuries are as follows:
1. Classification according to the degree of injury. It is generally divided into minor injuries and major injuries. It can also be divided into moderate injury, serious injury without life danger, serious injury with life danger, critical, alive and unknown;
2. Classification according to the causative factors. Mechanical injuries such as cuts and puncture wounds caused by sharp objects, contusions caused by blunt instruments, crush injuries caused by building collapses, fractures caused by falls from heights; physical injuries such as burns, burns, frostbite, electrical damage, ionizing radiation damage; Burns caused by chemical injuries such as strong acids, alkalis, phosphorus and hydrofluoric acid;
3. Classification according to the injured part. It can be divided into head injury, curved facial injury, chest injury, abdominal injury and limb injury;
4. According to whether there is a wound on the surface of the mucosa or mucosa, it is divided into open injury and closed injury;
5. According to the number of injured tissues and organs, it can be divided into single injury and multiple injury.
To sum up, a dog bite on the way to work is not considered a work-related injury, although it is on the way to work, it does not fall within the scope of work-related injury regulations.
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.
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Is being bitten by a dog at work considered a work injury? Is being bitten by a dog at work considered a work injury? Being bitten by a dog on the way to work is not considered a work-related injury, and a traffic accident on the way to and from work that is not the main responsibility of the worker is considered a work-related injury, so being bitten by a dog is not considered a work-related injury.
Please refer to the following laws and regulations: Article 14 of the "Regulations on Work-related Injury Insurance" shall be recognized as a work-related injury if an employee has one 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) Injured or unaccounted for in an accident while away for work; (6) 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 in which laws and administrative regulations provide that posture loss shall be determined to be a work-related injury.
Do you understand this explanation?
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Article 14 of the Regulations on Work-related Injury Insurance Article 14 An employee shall be deemed to have suffered a work-related injury if he or she falls 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) Accidents 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) 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 has any of the following circumstances, it shall be regarded as a work-related injury:
1) Died of sudden illness during working hours and at work, or died within 48 hours after rescue efforts failed;
The "working hours" here refer to the hours that are required by law or required by the employer to work. "Job position" refers to the daily work position of the employee and the work position assigned by the leader of the unit.
"Sudden illness" is a sudden illness that occurs during work, generally most of which are sudden diseases such as heart disease, cerebral hemorrhage, myocardial infarction, etc., and are sent directly to the hospital from work. The starting time of "48 hours" is calculated based on the time of the first diagnosis of the medical institution as the starting time of the sudden illness. If the person dies after 48 hours of rescue, it is not regarded as a work-related injury.
2) Suffering harm in emergency rescue and disaster relief and other activities to safeguard national interests or public interests;
If the sedan car is harmed in the course of emergency rescue and disaster relief and other activities to safeguard national interests and public interests, there are requirements for elements such as working hours, working place, and work reasons.
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;
The "old injury" here refers to the situation that the employee is disabled due to war or duty injuries during his service in the army, and has obtained the revolutionary disabled military certificate, and after arriving at the employer, the injury part of the injury due to war or duty injury during his military service has changed, and he needs to be treated ** or related treatment.
4) Employees are assigned by the employer to work in the epidemic area and are infected with the epidemic.
Employees who are assigned by the employer to go to the epidemic area are more likely to be infected in the prevention and control of epidemic diseases, which is stipulated in the Regulations of Henan Province on Work-related Injury Insurance.
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Legal analysis: being bitten by a dog at work is generally not a work-related injury.
Legal basis: "Regulations on Work-related Injury Insurance" or Article 14 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 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 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) On the way to and from work, being injured in a traffic accident or an accident involving urban rail transit, passenger ferries, or trains for which they are not primarily responsible; 7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.
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According to the regulations on work-related injury insurance, if a traffic accident occurs on the way to and from work, and it is not the main responsibility of the person, it can be regarded as a work-related injury
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Article 14 of the Regulations on Work-related Injury Insurance is an enumerated provision, and if it is not explicitly included, this article cannot be applied and cannot be recognized as a work-related injury.