What to do if you have a traffic accident on your way to work and after you are discharged from the

In this case, the injury may be a work-related injury, but whether it is a work-related injury in the end needs to be judged according to the determination of the social insurance administrative department.

If it is determined that it is a work-related injury and there is work-related injury insurance, then find a work-related injury insurance agency, and if there is no work-related injury insurance, then find a unit to claim compensation.

If it is a work-related injury, you can either go through the workers' compensation procedure to claim compensation, or you can choose to claim for a traffic accident.

If it cannot be determined, then the claim can also be made according to the traffic accident.

Work-related injury handling process: work-related injury identification--- work-related injury identification--- work-related injury compensation.

Keep the discharge summary, medical bills and radiographs of the hospital's hospitalization review. This case is a traffic accident and a work injury can go at the same time. In a traffic accident, you should find a claim from the driver and the insurance company, and pay attention to see if the injury can be disabled.

Work-related injuries are to find the human resources and social security bureau where the unit is located to identify work-related injuries, and you can ask the labor bureau for the materials you need, and note that the statute of limitations for work-related injury declaration is 1 year.

1. First of all, calculate the amount of compensation you should receive.

2. If the amount you should get is indeed higher than the original amount, you can make a slight concession to reach a mediation agreement.

3. If there is no big difference between the amount of compensation due to you and the amount paid by the other party, it is recommended to reach a mediation agreement.

4. The court's judgment according to law is very simple, but it is relatively difficult to implement, and you will spend time and energy in litigation. If the other party has assets or a fixed and stable income, the enforcement also says, otherwise you are likely to get a blank judgment. This is not because the courts are inactive, but because of the current difficulty in enforcement.

5. Share a sentence "cash is king", how much compensation is paid, you are satisfied; How much compensation is good, it is good to get it.

If an employee commutes to or from work and has a traffic accident and does not bear primary responsibility, it shall be found to be a work-related injury. Therefore, if a traffic accident occurs on the way to and from work, Yekuanye needs to be dealt with according to his own situation: 1. Qiaozhou, for which he is not primarily responsible, constitutes a work-related injury, and can apply for work-related injury recognition and enjoy work-related injury benefits; 2. If I am mainly responsible, it does not constitute a work-related injury, and the traffic accident shall be borne according to the size of the responsibility after the traffic police divide the responsibility.

1. Can the party who is primarily responsible for the traffic accident be recognized as a work-related injury?

If a traffic accident occurs on the way to and from work, the employee shall bear the main responsibility and shall not be recognized as a work-related injury. If an employee is engaged in driver work in the employer and causes a traffic accident while driving the unit's vehicle to perform work under the arrangement of the employer, regardless of whether the driver himself bears primary or secondary responsibility in the accident, it shall be deemed to be a work-related injury.

2. Should the main responsibility for traffic accidents be recognized as work-related injuries?

The Regulations on Work-related Injury Insurance stipulate that only those who are injured in traffic accidents or urban rail transit, passenger ferries, or train accidents for which they are not primarily responsible can be recognized as work-related injuries on the way to and from work, that is to say, if the employee himself is primarily responsible for the traffic accident, it will not be recognized as a work-related injury.

3. The standards for determining work-related injuries of the traffic accident traffic police brigade.

The criteria for determining the work-related injury of a traffic accident are: if the place where the traffic accident occurred is on the way to and from work, the work-related injury determination department shall be provided with evidence on the way to and from work; Must be a traffic accident; For the occurrence of traffic accidents, the parties are not fully responsible and mainly responsible.

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 Control of Occupational Diseases, the unit to which he or she 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.

According to Article 14 of the Regulations on Work-related Injury Insurance, 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 deemed to be a work-related injury.

Regulations on Work-related Injury Insurance

Article 14 In any of the following circumstances, an employee shall be deemed to have suffered 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 accident caused by 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.