What is my question about the determination of work related injuries?

The following is provided by "Jinan Business Lawyer", if you need to paraphrase, please indicate the source:

1. According to your description, it is preliminarily judged that your father's situation is not a work-related injury.

According to Articles 14 and 15 of China's 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.

In other words, your father's behavior is neither during working hours nor in the workplace, nor is it due to work-related reasons (what you said about accompanying guests for work-related reasons does not count as work-related reasons).

2. In this case, I suggest that your friend can communicate with the unit quickly, although this is not a work-related injury, after all, it is an activity carried out by the assignment of the unit, and the unit, as the direct beneficiary of this activity, has to bear the responsibility caused by your father's injury. The scope of your liability includes your father's medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal allowance, necessary nutrition expenses, and solatium for mental damages.

If the person is disabled due to injury, the compensation obligor shall also compensate for the disability compensation, the cost of disability assistive devices, the living expenses of the dependents, as well as the necessary expenses, nursing expenses, and follow-up expenses actually incurred due to the nursing and continuation.

3. However, your father knows that he has high blood pressure, and he has not been at fault for his own protection, and he may also have to bear some supplementary responsibilities. Of course, the ultimate responsibility is for you to negotiate or litigate.

A work-related injury is a personal injury that occurs on the job, including a personal injury caused by a motor vehicle accident while commuting to or from work. The situation you are talking about should fall under the category of work-related injuries, and you can apply for work-related injury damages.

There is no statutory basis for your unit's handling opinion, so its determination opinion cannot be established. You can ask the labor union of the employer to come forward to assist in the solution, and if there is no trade union organization, you can also apply to the local labor arbitration commission for work-related injury determination or arbitration.

It is more difficult to determine a work-related injury because the medical diagnosis is not good for you.

However, you can go to the local labor and social security department to apply for a work-related injury determination and see what the professional department says.

China now has the Regulations on Work-related Injury Insurance to protect the rights and interests of workers after work-related injuries. However, many workers do not know how to determine work-related injuries and what materials are required for work-related injury determination. Here are a few frequently asked questions about the status of work-related injury recognizers.

Question 1: Conditions for reporting work-related injuries.

If certain conditions are required for the declaration of work-related injuries, what conditions are required?

1.Within 30 days from the date of occurrence of the accident injury or the date of diagnosis or appraisal of an occupational disease.

2.Within one year from the date of the accident or the date of diagnosis or appraisal of the occupational disease.

Question 2: Materials for work-related injury declaration.

1.Proof of first medical record or disease diagnosis;

2.ID card and photocopy of the injured person;

3.Proof of employment relationship;

4.If the employer makes an application or the injured person entrusts another person to apply, the power of attorney, the ID card of the trustee and a copy thereof shall be provided;

1) Where a person is violently injured in the performance of his or her work duties, a judgment submitted to the public security organ or the people's court;

2) If the accident caused by a motor vehicle accident is determined to be a work-related injury, the responsibility determination of the public security traffic management department shall be submitted;

3) If you are injured due to work reasons during the period of going out on business, you shall submit a certificate from the public security department; where the whereabouts of an accident are unknown, submit it to the people's court for a conclusion declaring him dead;

4) In the case of sudden illness death or death within 48 hours after rescue failure during working hours and work, the rescue and death certificate of the medical institution shall be submitted;

5) Belong to the demobilized and demobilized servicemen who are disabled due to war or duty-related injuries, and if they are injured in the old way, they shall submit the "Revolutionary Disabled Veteran's Certificate" and the medical diagnosis certificate and the confirmation of the old injury.

Where it is not possible to provide supporting materials due to special circumstances, a written explanation of the circumstances shall be made.

Question 3: Procedures for reporting work-related injuries.

1. The employer shall, within 30 days from the date on which the employee is injured in an accident or is diagnosed or appraised as an occupational disease, submit an application for recognition of work-related injury to the labor and social security 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 labor and social security administrative department.

2. 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, his or her immediate family members, or the trade union organization may directly submit an application for recognition of work-related injury to the labor and social security administrative department of the co-ordinating area where the employer is located within one year from the date of occurrence of the accident injury or the date of diagnosis and appraisal of the occupational disease.

Criteria for Recognition of Work-related Injuries:

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 urban rail transit, passenger ferry, or train accident for which they are not primarily responsible while commuting to or from work.

If an employee has any of the following circumstances, it shall be regarded as a work-related injury: (1) During working hours and at work, he or she dies of a sudden illness or dies within 48 hours after rescue fails; 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.