Does the labor law stipulate that an enterprise that determines that a work related injury is on the

If an employee commutes to and from work and is not primarily responsible for a traffic accident that is not his or her main responsibility, then the employee's salary during the work-related injury should be paid by the responsible party, and if the amount paid by the responsible party is lower than the employee's normal wage standard, then the employer or social security department should make up the difference.

In accordance with the Regulations on Work-related Injury Insurance

Article 33 Where an employee is injured in an accident or suffers from an occupational disease at work and needs to suspend work to receive medical treatment for work-related injuries, the original salary and benefits shall remain unchanged during the period of suspension with pay, and shall be paid by the employer on a monthly basis.

Sichuan Provincial People's Opinions on the Implementation of the Regulations on Work-related Injury Insurance.

10. If an employee is injured in a traffic or motor vehicle accident on the way to and from work, or suffers an accidental injury in the course of performing work duties and completing work tasks, and is recognized as a work-related injury or deemed work-related injury in accordance with the provisions of the "Regulations", if the relevant benefits of third-party liability compensation have reached the relevant treatment standards of work-related injury insurance, the employer or social insurance agency shall no longer pay the relevant benefits; If the third-party liability compensation is lower than the work-related injury insurance benefits, or the injured employee does not receive compensation due to other reasons, the employer or the social insurance agency shall make up the work-related injury insurance benefits in accordance with the regulations.

Legal Analysis: Illegal, injured employees can enjoy full attendance wages and benefits during the period of suspension of work and leave for treatment. Since there may be differences in the benefits and benefits paid by the employer to the employee, the original salary and benefits of the injured employee may not be consistent with the salary and benefits of the previous month of the injury.

However, in any case, during the period of suspension of work and salary, the employer shall not suspend or partially suspend the payment of wages and benefits to the employee for various reasons, otherwise, its behavior is illegal.

Legal basis: "Regulations on Work-related Injury Insurance" Article 33 If an employee is injured in an accident or suffers from an occupational disease due to work and needs to suspend work to receive medical treatment for work-related injuries, the original salary and benefits shall remain unchanged during the period of suspension of work and salary, and shall be paid by the employer on a monthly basis.

The period of leave without pay is generally not more than 12 months. If the injury is serious or the circumstances are special, it may be appropriately extended upon confirmation by the Labor Ability Appraisal Committee at the municipal level divided into districts in Qingchao, but the extension must not exceed 12 months. After the work-related injury is assessed, the original benefits shall be suspended and the disability benefits shall be enjoyed in accordance with the relevant provisions of this Chapter.

If the injured employee still needs to be ** after the expiration of the period of suspension of work with pay, he or she shall continue to enjoy the medical treatment of work-related injury.

If an injured employee who is unable to take care of himself or herself needs nursing care during the period of suspension of work, the unit to which he or she belongs shall be responsible.

Legal Analysis: Illegal. If it is a work-related injury, it has been recognized that Qinqing has a work-related injury, according to the regulations, the company is to pay you the salary of the suspension period, of course, the compensation must be more than this, and the compensation can be negotiated between the two parties or you can choose to go to labor arbitration.

Legal basis: Article 17 of the Regulations on Work-related Injury Insurance Article 17 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 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, with the consent of the social insurance administrative department, the time limit for application may be extended before the suspicion is appropriate.

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.

Personal injury to a motor vehicle while commuting to and from work is a work-related injury.

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.

On the way to and from work, those who are injured in traffic accidents or accidents in urban rail transit, passenger ferries, or trains for which they are not primarily responsible may be found to be work-related injuries. According to Article 14 of Chapter III 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.

In the event of a traffic accident on your way to and from work, the accident is not your primary responsibility, nor is it considered a work injury in the case of an accident on an urban rail transit, passenger ferry or train.

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.

It depends.

According to Article 14, Paragraph 6 of the Regulations on Work-related Injury Insurance:

Only those who are injured in traffic accidents or urban rail transit, passenger ferries, or train accidents for which they are not primarily responsible on the way to and from work can be recognized as work-related injuries.

Therefore, first of all, there must be a traffic accident certificate issued by the traffic management department, and secondly, it is necessary to make it clear in the certificate that it is not the main responsibility of the employee, so that it can be recognized as a work-related injury.

If it can be confirmed that a traffic accident occurred and it was a personal injury caused by a motor vehicle while commuting to or from work, it is a work-related injury. 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.

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) Death from sudden illness during working hours and at work, or death within 48 hours after rescue efforts failed.

2) Harmed in the course of emergency rescue and disaster relief or other activities to preserve the national interest or the public interest.

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) Intentional crime.

2) Drunk or drug addiction.

3) Self-harm or suicide.

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:

6. Injured in a traffic accident or an urban rail transit, passenger ferry, or train accident for which the person is not primarily responsible while commuting to or from work;

There are two key points: one is the traffic accident, and the other is not the main responsibility of the person.

1. According to the regulations on work-related injury insurance, if you are injured in a traffic accident or an urban rail transit, passenger ferry, or train accident for which you are not primarily responsible on the way to and from work, it shall be recognized as a work-related injury, that is, the injured person must be non-primary responsibility (including equal, secondary, and no liability).

2. The main responsibility of the non-personal shall be based on the relevant legal documents issued by the traffic management, transportation, railway and other departments of the public security organs or judicial organs, as well as the organizations authorized by laws and administrative regulations.

3. The following circumstances do not exist:

1) Intentional crime.

2) Drunk or drug addiction.

3) Self-harm or suicide.

If the above conditions are met, a work-related injury can be determined.

Article 14 of the Regulations on Work-related Injury Insurance, amended in 2010, stipulates that 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. This new regulation came into effect on January 1, 2011.

Therefore, whether an injury sustained on the way to and from work can be regarded as a work-related injury depends on whether the injured person bears primary responsibility for the accident. If the injured person bears primary responsibility for the accident, it is generally no longer recognized as a work-related injury. [Lawyer Gu Linshu, Director of the Corporate Department of Beijing Huicheng Law Firm:

Hello, if you are injured in a motor vehicle accident on the way to and from work that is not your primary responsibility, it is a work-related injury.

A traffic accident occurring on the way to and from work does not bear the main or full responsibility for the accident, and can be recognized as a work-related injury.

Lawyer Zhong Yuhua of Zongheng Legal Network.

The above is too written, keep the following 3 points in mind:

1. Traffic accidents that are not your primary responsibility.

2. Occurs on a reasonable commuting route: If your family lives in the east of the city and goes to work in the center of the city, and a traffic accident occurs in the west of the city, it is not counted. Sending you to Beijing on a business trip, you have an accident in Kunming, it doesn't count.

3. It happens within a reasonable commuting time: go to work at 8 o'clock, half an hour away, and you have a traffic accident at 5 o'clock, it is not counted.