Can I report a work related injury if I have an accident while driving an electric car while drunk?

Article 16: Where an employee meets the requirements of Articles 14 and 15 of these Regulations, but in any of the following circumstances, it shall not be recognized as a work-related injury or treated as a work-related injury:

1) Intentionally committing a crime;

2) Drunk or drug addiction;

3) Self-harm or suicide.

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.

Article 16: Where an employee meets the requirements of Articles 14 and 15 of these Regulations, but in any of the following circumstances, it shall not be recognized as a work-related injury or treated as a work-related injury:

1) Intentionally committing a crime;

2) Drunk or drug addiction;

3) Self-harm or suicide.

A traffic accident involving an electric vehicle is not considered a work-related injury. If an employee is injured during working hours and in the workplace due to work-related reasons, or if an employee is involved in a traffic accident with a motor vehicle on the way to and from work, it will not constitute a work-related injury because the battery car is not a motor vehicle.

What materials need to be submitted for the application for work-related injury determination?

1. Fill in the Application Form for Identification of Work-related Injuries of Employees in quadruplicate;

2. Carry the labor contract between the employee and the enterprise;

3. The first day of the rescue hospital or designated medical institution and the certificate of continuous ** diagnosis;

4. ID card and unit certificate of the injured person;

5. In the case of traffic accident injury or violent injury, the responsibility ruling of the public security department and the relevant handling certificate shall be submitted, and if the whereabouts are unknown, the ruling of the judicial department shall be submitted; Cha Liang.

6. Proof of work-related injury;

7. Business license of the employer;

8. Proof of payment of work-related injury insurance;

9. Injured employees**.

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.

1. Is a traffic accident involving an electric vehicle not considered a work-related injury?

1. A traffic accident involving an electric vehicle is not considered a work-related injury. If an employee is injured during working hours and in the workplace due to work-related reasons, or quietly carries it, it will only be constituted as a work-related injury after the employee is involved in a traffic accident with a motor vehicle on the way to and from work, because the battery car does not belong to a motor vehicle, it will not constitute 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) Hidden segments of 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) 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 need to be submitted for the application for work-related injury determination?

1. Fill in the "Application Form for Identification of Work-related Injuries of Employees" in quadruplicate;

2. Carry the labor contract between the employee and the enterprise;

3. The first day of the rescue hospital or designated medical institution and the certificate of continuous ** diagnosis;

4. ID card and unit certificate of the injured person;

5. In the case of traffic accident injury or violent injury, the responsibility ruling of the public security department and the relevant handling certificate shall be submitted, and if the whereabouts are unknown, the ruling of the judicial department shall be submitted;

6. Proof of work-related injury;

7. Business license of the employer;

8. Proof of payment of work-related injury insurance;

9. Injured employees**.

If a temporary worker is in an accident while riding an electric vehicle on the way off work, it is not his primary responsibility and shall be found to be a work-related injury. However, in any of the following circumstances, it must not be found to be a work-related injury: intentional crime; drunk or addicted to drugs; Self-harm or suicide.

The employer shall apply for a work-related injury determination within 30 days from the date of occurrence of the accident injury or the date of diagnosis or appraisal of the occupational disease.

1. What are the circumstances that are not recognized as work-related injuries?

In any of the following circumstances, a worker shall not be deemed to have suffered a work-related injury or be treated as a work-related injury: drunkenness or drug abuse; intentionally committing a crime; Self-harm or suicide. 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.

In case of special circumstances, the time limit for application may be appropriately extended with the consent of the social insurance administrative department.

2. Is ** caused by an intentional crime not considered a work-related injury?

If an employee causes ** due to an intentional crime, it cannot be counted as a work-related injury. In any of the following circumstances, an employee must not be found to be a work-related injury or treated as a work-related injury: intentional crime; self-harm or self-homicide; Drunkenness or drug use; Other circumstances provided for by laws and administrative regulations.

If there are no of the above-mentioned circumstances, the employer shall submit an application for recognition of work-related injury to the social insurance administrative department of the coordinating area within 30 days from the date of occurrence of the accident injury or the date of diagnosis or appraisal of the occupational disease.

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) Injured in an accident while engaged in work-related preparatory or finishing work in the workplace before or after working hours;

3) Accidental injuries such as violence during working hours and in the workplace due to the performance of duties at work;

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.

It can be counted as a work-related injury. There are two conditions that must be met for a work-related injury to be counted as a work-related injury on the way to and from work: first, it is a traffic accident, and the party concerned in the accident is less than the primary responsibility, that is to say, the liability is determined to be equal responsibility, secondary responsibility or no responsibility; The second stop must be on a reasonable route to and from work.

In addition to traffic accident compensation, you can claim work-related injury compensation for reimbursement of medical expenses.

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

If an employee has 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 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 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, being injured in a traffic accident or an accident in urban rail transit, passenger ferry, or train for which he or she is not primarily responsible;

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

The Opinions of the Ministry of Human Resources and Social Security on Several Issues Concerning the Implementation of the Regulations on Work-related Injury Insurance (II) (No. 29 of 2016 issued by the Ministry of Human Resources and Social Security) stipulates that a reasonable route between the employee's work unit and his or her place of residence within a reasonable time for the purpose of commuting to and from work shall be deemed to be on the way to and from work.

It's a work-related injury. Legal basis

The Regulations on Work-related Injury Insurance stipulate seven circumstances that should be recognized as work-related injuries:

1. Being injured in an accident during working hours and in the workplace due to work reasons; Mausoleum.

2. Being injured in a noisy 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. 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 that is not the person's primary responsibility while commuting to or from work;

If it is a work-related injury, you can ask for reimbursement of medical expenses.

Workers' compensation in this area can be reached.

Ask a lawyer to get a clear understanding.

If you are injured in a traffic accident while commuting to or from work for which you are not primarily responsible, it is a work-related injury.

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) 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.

Compensation items for work-related injuries include medical expenses, hospital meal allowance, nursing expenses, wages during the period of leave of absence, disability allowance, one-time medical subsidy, one-time disability subsidy, one-time employment subsidy, etc.

Therefore, medical expenses can be reimbursed. If work-related injury insurance is purchased, except for the wages and one-time employment subsidies during the period of suspension of work and salary, which shall be paid by the employer, the rest of the items shall be paid by the work-related injury insurance**; If you do not have work-related injury insurance, all expenses are paid by the employer.

Article 14 of the newly revised Regulations on Work-related Injury Insurance stipulates that if an employee is 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, it shall be recognized as a work-related injury.

Five-five responsibilities are equal responsibilities and shall be found to be work-related injuries.

It's a work-related injury.

Legal basis: The Regulations on Work-related Injury Insurance stipulate seven circumstances that should be recognized as 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 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 that is not the person's primary responsibility while commuting to or from work;

If it is a work-related injury, you can ask for reimbursement of medical expenses.

For more information on workers' compensation, you can ask a lawyer for a clear understanding.

Three elements:

1. The two parties establish an employment relationship.

2. In the determination of the liability accident, the person is not responsible or bears secondary responsibility or is equally responsible or it is difficult to determine the responsibility 3. If the injury is caused by a traffic accident or an urban rail transit or passenger ferry or train accident, it is obviously full responsibility and is not counted.