What is Item 6 of Article 14 of the Regulations on Work related Injury Insurance?

Compensate. 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.

Letter of opinion on the handling of relevant provisions of work-related injury insurance.

Human Resources and Social Security Departments (Bureaus) of all provinces, autonomous regions and municipalities directly under the Central Government, Fujian Provincial Civil Service Bureau, Xinjiang Production and Construction Corps Personnel Bureau, Labor and Social Security Bureau:

Regarding the understanding and application of the provisions of Article 14, Item 6 of the new "Regulations on Work-related Injury Insurance", with the consent of the Legislative Affairs Office and the Supreme People's Court, and in consultation with the Ministry of Public Security, the Ministry of Transport, and the Ministry of Railways, the following handling opinions are put forward, please follow them:

1. "Commuting to and from work" as provided in this article refers to a reasonable commuting time and a reasonable commuting time.

2. The "non-primary responsibility" accidents stipulated in this article include traffic accidents for which the person is not primarily responsible, and urban rail transit, passenger ferries and train accidents for which the person is not primarily responsible. Among them, "traffic accident" refers to the personal or property damage caused by the fault or accident of the vehicle on the road as stipulated in Article 119 of the Road Traffic Safety Law. "Vehicle" means motor vehicle and non-motor vehicle; "Road" refers to highways, urban roads, and places where social motor vehicles are allowed to pass despite being under the jurisdiction of the unit, including squares, public parking lots, and other places used for public traffic.

3. The determination of "non-primary responsibility" accidents shall be based on the relevant legal documents issued by the traffic management, transportation, railways and other departments of the public security organs or judicial organs, as well as organizations authorized by laws and administrative regulations.

General Office of the Ministry of Human Resources and Social Security.

June 23rd, 2011.

Legal analysis: (1) Jujube that was 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) 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.

Legal basis: Regulations on Work-related Injury Insurance

Article 14 If an employee has any of the following circumstances, it shall be deemed 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.

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.

Paragraph 1 of Article 14 of work-related injury insurance provides that if an employee has any of the following circumstances, it shall be deemed to be a work-related injury:

Injured in an accident during working hours and in the workplace due to work-related reasons;

Work-related accidents are the most common work-related injuries during working hours and in the workplace. "Working hours" here refer to the time prescribed by law or required by the employer to work. In accordance with the relevant laws and administrative regulations, the daily working hours of workers shall not exceed 8 hours, and the average weekly working hours shall not exceed 40 hours, and overtime work shall also be limited.

Accordingly, the employer stipulates the specific time for commuting to and from work, for example, from 8 a.m. to 5 p.m. from Monday to Friday (12 noon to 1 p.m. is the lunch break), then this period is the working time of the employee.

Of course, the overtime stipulated by the employer should also be regarded as working hours. The "workplace" here refers to the place where the employee's daily work is located, and the place where the leader temporarily assigns the work to be performed. For example, if an employee's daily workplace is in a workshop of the unit, and one day, the leader assigns him to help the unit's purchasing personnel to purchase goods, then the location of the purchase work is the employee's workplace on that day.

"Accidental injury" here refers to an accident such as personal injury or acute poisoning that occurs in the course of work. For example, the injuries suffered by coal miners in the gas** should be accident injuries.

Legal basis

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) 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.

In accordance with the Regulations on Work-related Injury Insurance.

Prescribed work-related injury insurance benefits.

The items have the following situations: the compensation items for general injuries caused by work-related injuries (not reaching disability) mainly include medical expenses, food subsidies for the injured during hospitalization, living care expenses, wages during the work-related injury, transportation, accommodation and transportation expenses; The compensation items for disability mainly include medical expenses, food allowance during hospitalization, living care expenses, wages during work-related injuries, transportation and accommodation expenses, assistive device expenses, one-time disability allowance, disability allowance, one-time medical subsidy for work-related injuries, and one-time disability employment subsidy; The compensation items for death mainly include funeral allowances, one-time subsidies, and pensions for dependent relatives.

Therefore, if an employee is injured on the job, he or she should apply for a work-related injury determination.

and disability appraisal, and claim compensation based on the appraisal results. According to the current Regulations on Work-related Injury Insurance, from the occurrence of work-related injuries to the receipt of work-related injury insurance benefits, workers generally have to go through three stages: applying for work-related injury identification, labor ability appraisal and work-related injury insurance benefit claim.

Hello, Paragraph 6 of Article 14 is: on the way to and from work, you are injured by a traffic accident or an accident of urban rail transit, passenger ferry, or train that is not your main responsibility;

This situation should be recognized as a work-related injury, thank you.

Questions. What is the responsibility of the employer for the injured worker?

If there is work-related injury insurance, the factory can help to apply for work-related injury appraisal.

Questions. If a work-related injury has been identified, what is the responsibility of the unit? Can I afford medical expenses, lost work expenses, etc.?

Medical expenses and lost work expenses are all borne by the work-related injury ** and are not borne by the unit.

If the employer does not pay work-related injury insurance, these expenses will be borne by the company, thank you.

Questions. If the employer has paid work-related injury insurance, if it takes the work-related injury insurance, does it have any interest in the employer?

Don't want to turn it off. That's the work injury ** paid for, thank you.

Questions. Does work-related injury insurance pay the full amount of all losses incurred by the injured worker? Is it necessary to pay part of the loss after severing the responsibility with the party responsible for the traffic? Or after the party responsible for the traffic pays in full, the work-related injury insurance does not need to pay again?

If it is separated from the party responsible for the traffic, if the party responsible for the traffic is compensated, the work-related injury insurance will no longer compensate, and all the insurance will not be duplicated, thank you.

Questions. If the party responsible for the traffic cannot pay for the loss, can the work-related injury insurance pay for it? Or can the unit be able to pay? On the premise of not repeating the payment!

Hello, your consultation has reached the upper limit, if you need to continue the consultation, please reopen, thank you.

Questions. Hints six, why send five and it's gone, and it's closed when it comes to the key! 

Legal Analysis: 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 on the way to and from work;

Legal basis: Regulations on Work-related Injury Insurance Article 14 If an employee has any of the following circumstances, it shall be recognized as 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 shall be recognized as work-related injuries as provided by laws and administrative regulations for early selling.