Is it a work related injury for a worker to be hit on the highway after work?

On the Internet, we often see people walking on the highway, lucky people may also be stopped, will not be in danger of life, but some unlucky people, may have a car accident, so we should stay away from the highway in life, do not easily set foot on the highway, so not only for their own good, but also for the highway management personnel more convenient management to help, for workers off work on the highway to be hit, the person is not a work injury, for workers, His contract with the construction site will not take effect from the moment he gets off work, and it will only take effect when he goes to work the next day, so walking on the highway after work is not considered a work injuryFirst of allIt is illegal to walk on the highway in the first place, it is expressly static. Second, if you are injured after work, it is far away from the construction site, why should the construction site be responsible, and third, if the work-related injury is injured while the worker is working, the construction site will bear the medical expenses.

It is very dangerous to go on the highway in the first place, and it is easy to get into an accident if you suddenly walk on it, and for the sake of personal health and safety, you should refuse to go on the highway instead of easily going on the highway for convenience.

Injured outside the construction site, the construction site does not need to take responsibility The workers have already left work, and the factory has not squeezed the physical strength of the workers, and they were injured because of some of their mistakes during that time period, which should not be blamed on the construction site, so how can this be regarded as a work injury, and why is the construction site obliged to help you bear the ** cost?

Workers are not injured at work, if injuries in daily life are considered work-related injuries, then the construction site is easy to be unable to turn over funds because of compensation, work-related injuries have a strict definition, work-related injuries, work-related injuries, if they are injured at work, they are called work-related injuries, but now because of their own personal mistakes, it is far from being called work-related injuries.

No, the so-called work-related injury is a sudden accidental injury caused by work during work, and the off-duty time no longer belongs to this time category.

In fact, this is not a work-related injury, because it is not an injury suffered during working hours, so it cannot be regarded as a work-related injury.

A worker who gets hit on the highway after work is not a work-related injury. Because taking the highway is illegal and unreasonable, it is not a work-related injury.

Workers are hit on the highway after work, which should not be a work-related injury, after all, it is not caused by an accident, but because of the high speed they are taking, knowing that it will be dangerous to take the high speed, and they still have to walk.

Article 14 (6) of the Regulations 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: (6) The ...... of 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."”

However, the expressway is not a pedestrian road, according to the relevant provisions of the Road Traffic Safety Law of the People's Republic of China, the expressway is a pedestrian walking section, from a legal point of view, the expressway does not exist a pedestrian road, and it cannot be understood as a pedestrian walking road. Therefore, Zhou entered the emergency lane of the highway and walked, and the "road" he walked was not reasonable.

First of all, I don't think this can be counted as a work-related injury, legally speaking, pedestrians are not allowed to walk on the highway, even if they are walking in the emergency lane, and it is not a reasonable route, so it cannot be judged as a work-related injury!

Legal analysis: If an employee encounters a traffic accident on the way to and from work, it can be recognized as a work-related injury, but the following conditions must be met at the same time:

First, the traffic accident must have occurred at the specified time of commuting;

Second, it must have been a traffic accident on the route to and from work;

Third, it must be that the person is not responsible or is not primarily responsible;

Fourth, it must be a road traffic accident caused by a motor vehicle.

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.

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.

Legal Analysis: Not counted. Where an employee is injured in a traffic accident for which he or she is not primarily responsible while commuting to or from work, it shall be found 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 Article 14 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 shall be deemed to have suffered a work-related injury while commuting to or from work.

1. Injuries caused by work during working hours and in the workplace;

2. Being injured in the workplace before and after working hours, engaging in work-related preparatory or finishing work;

3. Injuries such as violence during working hours and in the workplace due to the performance of work duties;

4. During the period of going out for work, the injury or whereabouts are unknown due to work reasons;

5. Other circumstances that should be recognized as work-related injuries by laws and administrative regulations;

6. During the working time and work, the Zen brother died of sudden illness or died within 48 hours after rescue;

7. Being harmed in activities to safeguard national interests and public interests, such as emergency rescue and disaster relief;

8. Originally served in the army, disabled due to war and duty-related injuries, has obtained the revolutionary disabled military certificate, and was injured after arriving at the employer.

A traffic accident on the way to and from work can be recognized as a work-related injury, but the following conditions must be met at the same time: a traffic accident must occur at the specified time for commuting; traffic accidents that must occur on the route necessary to commute to and from work; must be the person for whom he or she is not responsible or who is not primarily responsible; Must be a road traffic accident caused by a motor vehicle.

Calculate. According to the relevant provisions of Article 14 of the Regulations on Work-related Injury Insurance, an employee who is injured in a motor vehicle accident on the way to and from work shall be deemed to have suffered a work-related injury. If an employee has one of the six brothers, it should be recognized as a work-related injury

Injured in an accident during working hours and in the workplace due to work-related reasons; Injured in an accident while engaged in work-related preparatory or finishing work in the workplace before or after working hours; During working hours and in the workplace, being injured by violence or other accidents due to the performance of one's duties; suffering from occupational diseases; During the period of going out for work, the person is injured due to work reasons or the whereabouts of the accident are unknown; Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.

Counting work-related injuries, the accident responsibility appraisal of the traffic police department and the injury appraisal of the hospital shall be reported in accordance with the work-related accident process.

If an employee encounters a traffic accident on the way to and from work, it can be recognized as a work-related injury, but the following conditions must be met at the same time: first, the traffic accident must occur at the specified time of commuting to and from work; Second, it must have been a traffic accident on the route to and from work; Third, it must be that the person is not responsible or is not primarily responsible; Fourth, it must be a road traffic accident caused by a motor vehicle. 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) 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 16: Where employees meet the requirements of Articles 14 and 15 of these Regulations, but in any of the following circumstances, they must not be found to be 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.

The determination of work-related injury is an administrative confirmation act by the labor administrative department to give a qualitative administrative confirmation to whether an employee's injury (or occupational disease) due to an accident is a work-related injury or is regarded as a work-related injury in accordance with the authorization of the law. A qualitative act of a worker who infringes on his or her person due to improper operation or other reasons in the course of work or deemed work, and conducts a qualitative act in order to identify the subject of the infringement. According to the relevant regulations of our country, it is generally confirmed by the labor administrative department.

Article 14 (5) of the Regulations on Work-related Injury Insurance stipulates that if a person is injured or his whereabouts are unknown in an accident while he is away from work, he or she shall be deemed to have suffered a work-related injury. The term "period of absence for work" here refers to the fact that the employee is not within the scope of work of the unit, and is assigned outside the unit due to work needs or in order to better complete the work, and goes to the unit to engage in work related to his or her own work. "Going out" here has two meanings:

One refers to going outside the unit, but still within the local area. The second refers to not only leaving the unit but also going to other places. The first situation may include the situation assigned by the leader, or it can also include the situation of going outside the unit in order to better complete the work.

The second case must be the case of a leader's assignment. The term "work-related injury" here refers to the injury caused directly or indirectly by work-related reasons. "Injury" includes accident injury, violent injury, and other forms of injury.

The term "accident" in "accident unaccounted for" here includes various forms of accidents, such as safety accidents, accidents, and natural disasters. In the basic spirit of protecting the legitimate rights and interests of employees as much as possible, the "Regulations on Work-related Injury Insurance" stipulate that as long as an accident occurs during the period when the employee's whereabouts are unknown, it should be recognized as a work-related injury.

On the way to and from work, if you are injured in a traffic accident for which you are not primarily responsible, it is considered a work-related injury.

The criteria for determining work-related injuries are as follows:

1. Injured in an accident during working hours and in the workplace due to work reasons.

2. Injured in an accident while engaged 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 by the return of the motor vehicle stove god.

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

The process of applying for a work-related injury appraisal is as follows:

1. The parties shall submit an application for appraisal to the labor and social security bureau of the city, county or district and fill in the work-related injury application identification form, and submit the materials such as the party's seal and consent to the work-related injury identification of the injured person in the enterprise where the party is located, the "Work-related Injury Determination Decision", and complete medical records.

2. It will be reviewed by the Labor Ability Appraisal Committee, and the Appraisal Committee will make a conclusion within 60 working days for the qualified application; If the materials are incomplete, the Labor Ability Appraisal Committee shall notify the applicant in writing to complete the materials within 5 working days from the date of receipt of the application for labor ability appraisal.

3. After the appraisal is completed, the relevant institutions will issue an appraisal conclusion, and after the appraisal conclusion is made, the conclusion of the labor ability appraisal will be sent to the injured employee and the employer in a timely manner within 20 days, and the injured person can get compensation for the relevant losses caused by the work-related injury according to the work-related injury appraisal results. <>