What is a work related accident and what is a work related accident

Should belong. Work-related accidents, also known as labor accidents, are divided into broad and narrow senses. In a narrow sense, work-related accidents refer to sudden personal injuries suffered by workers, employees, and individual employees during working hours and workplaces due to work-related reasons; In addition, occupational accidents in a broad sense also include occupational diseases.

Article 1 of the Regulations on Work-related Injury Insurance stipulates: "These Regulations are formulated to ensure that employees who are injured in accidents or suffer from occupational diseases as a result of their work receive medical treatment and economic compensation. "According to the basic spirit of the Regulations, the work-related accidents referred to in China's work-related accident compensation are in a broad sense, including both sudden injuries and occupational diseases.

In accordance with the provisions 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) 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.

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.

Work-related accidents, also known as labor accidents, are divided into broad and narrow senses. In a narrow sense, a work-related accident refers to a worker, a worker.

Sudden personal injury suffered by employees and individual employees during working hours and workplaces due to work reasons.

Accident; In addition, occupational accidents in a broad sense also include occupational diseases. Article 1 of the Regulations on Work-related Injury Insurance stipulates that:

In order to ensure that employees who are injured in accidents or suffer from occupational diseases due to their work receive medical treatment and economic compensation, this article is formulated.

Ordinance. "In accordance with the basic spirit of the Regulations, the alleged work-related accidents in the compensation for work-related accidents in our country are adopted.

In a broad sense, it includes both sudden injuries and occupational diseases.

Legal analysis: Industrial accidents, also known as labor accidents, are divided into broad and narrow senses. In a narrow sense, the Ministry of Human Resources and Social Security of the People's Republic of China states in the operational guidelines on work-related injury insurance that "work-related accidents should refer to personal injuries and acute poisoning accidents that occur in the course of work for employees of all employers subject to the Regulations on Work-related Injury Insurance" and "their essential characteristics are injuries and acute poisoning accidents directly or indirectly caused by work-related reasons".

Legal basis: Labor Law of the People's Republic of China

Article 16 A labor contract is an agreement between a worker and an employer to establish a labor relationship and clarify the rights and obligations of both parties.

A labor contract shall be concluded for the establishment of labor relations.

Article 17 The conclusion and modification of labor contracts shall follow the principles of equality, voluntariness and consensus, and shall not violate the provisions of laws and administrative regulations.

The employment contract shall be legally binding immediately and shall be binding upon the parties, and the parties shall perform their obligations under the employment contract.

Article 26 Under any of the following circumstances, the employer may terminate the labor contract, but shall notify the employee in writing 30 days in advance:

1) The worker is sick or injured not due to work, and after the expiration of the medical treatment period, he is unable to perform his original job or work arranged by the employer;

2) The worker is incompetent for the job, and is still incompetent for the job after training or job adjustment;

3) There is a major change in the objective circumstances on which the labor contract was concluded, making it impossible to perform the original labor contract, and the parties cannot reach an agreement on changing the labor contract through consultation.

Article 46 The distribution of wages shall follow the principle of distribution according to work, and equal pay for equal work shall be implemented.

The level of wages has been gradually raised on the basis of economic development. The state implements macroeconomic regulation and control over the total amount of wages.

Article 51 The employer shall pay wages to workers on statutory holidays, marriage and funeral leave, and during their participation in social activities in accordance with law.

Article 79 After a labor dispute arises, the parties may apply to the labor dispute mediation committee of the unit for mediation; If mediation fails, and one of the parties requests arbitration, it may apply to the labor dispute arbitration commission for arbitration. One of the parties may also apply directly to the Labor Dispute Arbitration Commission for arbitration. If the applicant is dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court.

Work-related accidents, also known as labor accidents, are divided into broad and narrow senses. In a narrow sense, the Ministry of Human Resources and Social Security of the People's Republic of China states in the business guidelines on work-related injury insurance that "work-related accidents should refer to personal injuries and acute poisoning accidents that occur in the course of work of employees of all employers to which the relevant laws apply", and "their essential characteristics are injuries and acute poisoning accidents caused directly or indirectly due to work-related reasons".

Legal analysis

There is a time limit for the appraisal of the level of work-related injury and disability, and generally the disability appraisal can be done directly after the work-related injury is identified, and if the employer wants to do administrative reconsideration, the disability appraisal will be temporarily suspended. The disability appraisal has no impact on the worker, because the disability appraisal is based on the medical records of the first admission to the hospital when the worker was injured and the temporary ** situation, generally the earlier the disability appraisal level of the worker is more favorable, and the more compensation he gets, the law does not stipulate when it must be done, but it must be done within one year after the conclusion of the work-related injury determination takes effect. Generally, after the injury is stabilized, you can apply for disability level appraisal at the labor ability appraisal agency.

In terms of medical treatment, it is generally believed that after **three months, it is the minimum time required for stability, so the disability appraisal should be done at least three months after the work-related injury, and if there is a disability ** that has not ended, or cannot reach stability, it is necessary to continue to postpone the time for disability appraisal. If the employee suffers a work-related accident, the social security bureau can compensate the employee, and if the employee does not purchase work-related injury insurance, the employer will bear all the compensation liability.

Legal basis

Regulations on Work-related Injury Insurance

Article 21 Where an employee suffers a work-related injury and has a disability that affects his or her ability to work after the injury is relatively stable, an appraisal of his or her ability to work shall be conducted.

Article 22 The appraisal of labor ability refers to the grading appraisal of the degree of labor dysfunction and the degree of self-care impairment. There are 10 levels of disability for labor dysfunction, with the most severe being level 1 and the least being level 10. There are three levels of self-care disorders:

Unable to take care of oneself at all, unable to take care of oneself for most of one's life, and unable to take care of oneself partially. The standards for the appraisal of labor ability shall be formulated by the social insurance administrative department in conjunction with the health administrative department and other departments.

Summary. Work-related injuries, also known as work-related injuries, refer to injuries sustained by employees in production or work. 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) 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. As can be seen from the above-mentioned legal provisions, "working hours", "workplace" and "work reasons" are the basic elements for the determination of work-related injuries.

Dear, I am glad to answer for you: "Work-related accidents refer to accidents and injuries suffered by workers during working hours and in the workplace due to work-related reasons; or injured in a pure accident due to work before or after working hours or during the period of going out to work. If a worker suffers a work-related injury and has a lead accident, the employer or the worker himself may apply for a determination of the worker's injury in a timely manner.

Work-related injuries, also known as work-related injuries, refer to injuries sustained by employees in production or work. In any of the following circumstances, an employee shall be deemed to have suffered a work-related injury: (1) Being 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) During working hours and in the workplace, being injured by violence or other accidents 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 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.

The above-mentioned legal provisions can be seen that "working hours", "workplace" and "work reasons" are the basic elements of the determination of work-related injuries.

Work-related accidents refer to the personal injuries suffered by employees and individual employees of enterprises during working hours and in the workplace due to work-related reasons.

The following conditions must be met to constitute a work-related accident:

First, work-related accidents are accidents that occur in various types of enterprises. All kinds of enterprises refer to enterprises owned by the whole people, enterprises under collective ownership, private enterprises, foreign-funded enterprises, and individual industrial and commercial households or partnership organizations that employ others to engage in labor within the territory of China.

Second, work-related accidents are personal accidents suffered by employees employed by various enterprises and individual industrial and commercial households. A work-related accident refers to a personal accident involving an employee or worker, not an accident in which property is damaged. Laborers refer to the employees employed by various enterprises, individual industrial and commercial households, and partnership organizations.

Third, work-related accidents are accidents that occur in the performance of work duties by employees. The time and occasion are limited to the scope of work-related injuries and deaths caused by the employees of the enterprise at work, and accidents that occur at other times and occasions are not within the scope of work-related accidents. Therefore, any personal injury suffered by an employee during working hours or in the workplace due to work-related reasons is a work-related accident.

A work-related accident is a legal fact that creates a relationship of rights and obligations between an enterprise and an injured employee. Once a work-related accident occurs, it constitutes a relationship of rights and obligations for damages, and the injured employee or the relatives of the injured employee have the obligation to claim compensation for the loss, and the enterprise has the obligation to compensate the victim and his relatives for the loss. According to the Regulations on Work-related Injury Insurance, the risk of work-related injury is actually transferred from the responsibility of the employer to the work-related injury insurance institution.

The employer pays insurance premiums to the work-related injury insurance agency, and the insurance agency provides labor insurance benefits to the injured employee.

Work-related accidents, also known as labor accidents, are divided into broad and narrow senses.

In a narrow sense, the Ministry of Human Resources and Social Security of the People's Republic of China states in the operational guidelines on work-related injury insurance that "work-related accidents should refer to personal injuries and acute poisoning accidents that occur in the course of work for employees of all employers subject to the Regulations on Work-related Injury Insurance" and "their essential characteristics are injuries and acute poisoning accidents directly or indirectly caused by work-related reasons".

In a broad sense, work-related accidents also include the suffering from occupational diseases.

Classification according to the degree of injury: generally divided into minor injuries and major injuries. It can also be divided into:

Flesh wound; moderate injuries;

non-life-threatening serious injuries;

life-threatening serious injuries;

critical, alive and unknown.

Classification by causative factor:

Mechanical injuries: such as cuts and puncture wounds caused by sharp objects, contusions caused by blunt objects, crush injuries caused by building collapses, fractures caused by falls from heights;

Physical injuries: such as burns, burns, frostbite, electrical damage, ionizing radiation damage;

Chemical damage: burns caused by strong acids, alkalis, phosphorus, and hydrofluoric acid.

Classification according to the location of injury: it can be divided into head injury, facial injury, chest injury, abdominal injury and limb injury.

According to the presence or absence of wounds on the mucosal surface, they are divided into open injuries and closed injuries.

According to the number of injured tissues and organs, it is divided into single injuries and multiple injuries.

Work-related accidents, also known as labor accidents, have a broad sense. Righteousness. In a narrow sense, the essential characteristics of the personal and mental poisoning accidents that occur in the course of work are injuries and acute poisoning accidents that occur directly or indirectly due to work-related reasons for all employees of all employers to which the Regulations on Work-related Injury Insurance applies.

Legal analysisWork-related accidents, also known as labor accidents, are divided into broad and narrow senses. In a narrow sense, the Ministry of Human Resources and Social Security of the People's Republic of China states in the operational guidelines on work-related injury insurance that "work-related accidents should refer to personal injuries and acute poisoning accidents that occur in the course of work for employees of all employers subject to the Regulations on Work-related Injury Insurance" and "their essential characteristics are injuries and acute poisoning accidents directly or indirectly caused by work-related reasons". In a broad sense, work-related accidents also include the suffering from occupational diseases.

Legal basisArticle 17 of the Regulations on Work-related Injury Insurance 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 Treatment 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 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.

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. Matters that shall be determined by the provincial-level social insurance administrative department in accordance with the provisions of the first paragraph of this Article shall be handled by the social insurance administrative department at the districted-city level where the employer is located in accordance with the principle of territoriality. If an employer fails to submit an application for determination of work-related injury within the time limit specified in the first paragraph of this Article, the employer shall bear the relevant expenses such as work-related injury benefits incurred during this period that comply with the provisions of these Regulations.

The above is only the current information combined with my understanding of the law, please refer to it carefully!

If you still have questions about this issue, it is recommended that you organize the relevant information and communicate with a professional in detail.