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Whether it is a work-related injury or not needs to be determined according to the division of responsibility on the "Traffic Accident Identification Certificate" issued by the traffic management department. As long as you are not responsible, secondarily responsible, or equally responsible, it is possible to be recognized as a work-related injury.
For details, please refer to Article 14 of the Regulations on Work-related Injury Insurance as follows:
In any of the following circumstances, it shall be found to be a work-related injury: (6) 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;
Article 6 of Legal Interpretation 2014 No. 9 is as follows:
Where the social insurance administrative departments determine that the following circumstances are "on the way to and from work", the people's courts shall support them:
1) Commuting to and from work by a reasonable route between work and residence, habitual residence, or unit dormitory within a reasonable time;
2) Commuting to and from work within a reasonable time by a reasonable route between the place of work and the place of residence of the spouse, parents, or children;
3) Engage in activities that are necessary for daily work and life, and commute to and from work at a reasonable time and on a reasonable route;
4) Commuting to and from work on other reasonable routes within a reasonable time.
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When I came back from work to buy food and went back to the workers' dormitory to call a car and crashed, is it considered a work injury?
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According to the regulations on work-related injury insurance: your situation is a work-related injury, first of all, you must call the police, and the traffic police will issue an accident identification letter (this is very important, you must have to declare a work-related injury), and then let the car owner lose money (it should be issued by the insurance company), the following is to let the unit declare the work-related injury, if the unit does not agree, then you go to the labor bureau to declare, you can make a second compensation, that is, the car owner (insurance company) compensation and work-related injury compensation.
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Of course, you don't count, you're already off work and you're not within the time frame of work, so it's not considered a work injury.
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If you are hit while performing official duties or related activities during off-duty hours, it is considered a work-related injury.
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On the way to work, I don't know if it counts after work.
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1. Is being hit by a car on the way to work a work-related injury?
1. Whether being hit by a car on the way to work is considered a work-related injury can be analyzed according to the following situations:
1) On the way to and from work, if you are injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train for which you are not primarily responsible, it shall be deemed to be a work-related injury;
2) If you slip and fall on the way to work or fall and are injured by another reason, it cannot be recognized as a work-related injury.
2. Legal basis: 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.
2. What is the standard of work-related injury compensation?
1. Pay % or 30% of the average monthly salary of employees in the overall planning area in the previous year as living care expenses according to the self-care disability;
2. The funeral subsidy is 6 months of the average monthly salary of employees in the overall area in the previous year;
3. The standard of one-time work-related death subsidy is 20 times of the per capita disposable income of urban residents in the previous year.
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Legal Analysis: Count as a work-related injury. According to the relevant provisions 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.
Legal basis: 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.
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Legal analysis: It can be recognized as a work-related injury only if it is not the main responsibility of the person. According to the relevant laws and regulations of our country, 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 while commuting to and from work, you should be recognized as 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.
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Legal analysis: On the way to and from work, if you are injured in an accident that is not your main responsibility, or an accident involving urban rail transit, passenger ferry, or train, it is considered a work-related injury.
Legal basis: 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 the work period;
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 that is not the person's primary responsibility for neglecting to pay attention to while commuting to or from work;
7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.
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According to the Regulations on Work-related Injury Insurance, if an employee 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 on the way to and from work, it shall be deemed to be a work-related injury. There are two points to note here, one is that the injury must occur "on the way to and from work", that is, on the way from the employee's place of residence to the workplace, both during the employee's normal working hours and on the way to and from work overtime.
The second must be injured in a traffic accident for which the person is not primarily responsible. As long as these two conditions are met, it should be recognized as a work-related injury. How to compensate for work injuries in traffic accidents.
1. The traffic accident compensation has paid medical expenses, funeral expenses, nursing expenses, disability equipment expenses, and lost wages. The enterprise or the work-related injury insurance agency will no longer pay the corresponding benefits (the lost time wage for traffic accident compensation is equivalent to the work-related injury allowance).
If the enterprise or the work-related injury insurance agency pays the relevant expenses in advance, the employee or his relatives shall repay the traffic accident compensation after receiving it.
2. If the death compensation or disability living allowance paid by the traffic accident compensation has been received by the first employee or his relatives, the one-time work-related death subsidy or one-time disability subsidy of the work-related injury insurance will no longer be paid.
If the death compensation or disability living allowance paid for traffic accident compensation is lower than the one-time work-related death subsidy or one-time disability subsidy of work-related injury insurance, the enterprise or work-related injury insurance agency shall make up the difference.
3. If an employee dies or becomes disabled due to a traffic accident, in addition to the relevant benefits in accordance with the above two items, other work-related injury insurance benefits can also be enjoyed in accordance with the regulations.
4. If the injured employee cannot receive compensation for the traffic accident due to the escape of the traffic perpetrator or other reasons, the enterprise or the work-related injury insurance agency shall give the work-related injury insurance benefits in accordance with the regulations. The above is the relevant content summarized by the lawyer for everyone, if you still have relevant legal advice or other matters do not understand, you can also call ** lawyer to answer, I hope to help you. Regulations on Work-related Injury Insurance
Article 14 In any of the following circumstances, it shall be found to be a work-related injury:
1) 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) 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) Other circumstances that shall be recognized as work-related injuries as provided by laws and administrative regulations.
1.Based on the circumstances described, it is estimated that it is difficult to identify a work-related injury. Whether it can be recognized as a work-related injury depends on whether the employee is primarily responsible for the accident, and if he is primarily responsible, it cannot be recognized as a work-related injury. >>>More
How old are you? Let's do it down-to-earth. Save it slowly! There will always be.
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The mother and sister you said are 86 years old, if the sister is 60 years old, then the mother is 86-60 26 years old, because the sister is 60 years old, the mother is 26 years old, obviously not logical, so the problem is wrong, if the mother is 60 years old, the sister is 26 years old, so it is normal, here is also recommended that you can verify the problem of this question, and if you get the wrong name, it will lead to the wrong question. >>>More
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