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If it is a work-related injury, it can be recognized as a work-related injury according to the provisions of the Regulations on Work-related Injury Insurance, and the legal basis is as follows;
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.
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.
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Calculate! Now that there is a new labor law, accidents on the way to and from work are considered work-related injuries. And as long as the injury is caused during working hours, it is considered a work-related injury.
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This requires different situations, first of all, he accidentally falls, this must not constitute a work injury, because the pedestrian falls and does not pay attention to the relevant environment, and at this time, he is also not under the premise of the traffic environment. Secondly, if it is hit by a car, whether it can be identified as a good lack of spinal injury, generally as long as the pedestrian is hit by a car, it can be recognized as a work-related injury on the way to and from work, because the motor vehicle generally has an accident with a pedestrian, the motor vehicle is mainly responsible, and the premise of the traffic environment is also satisfied, so it can constitute a work-related injury. It depends on who has the greater responsibility. Legal basis:
Article 6 of the Regulations of the Supreme People's Court on Several Issues Concerning the Trial of Administrative Cases Involving Work-related Injury Insurance provides that the people's court shall support the social insurance administrative department's determination that the following circumstances are "on the way to and from work": (1) commuting to and from work on a reasonable road between the place of work and the place of residence, the place of habitual residence, or the dormitory of the unit within a reasonable time; (2) Commuting to and from work by a reasonable route between the place of work and the place of residence of the spouse, parents, or children within a reasonable time; (3) Engaging in activities that are necessary for the daily work and life of Japanese friends, and commuting to and from work at a reasonable time and on a reasonable route; (4) Commuting to and from work by other reasonable routes within a reasonable time.
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1. Is falling and breaking a bone on the way off work considered a work-related injury?
1. If a worker falls and fractures himself on the way to work, if the fracture is not caused by a traffic accident or the fracture is not caused by the finishing work in the unit, it is not considered a work-related injury. If there is a situation such as a fracture in a traffic accident for which the person is not primarily responsible on the way to work, it is considered a work-related injury.
2. Legal basis: 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) Hail of injuries caused by an accident in the workplace before or after working hours while engaged in work-related preparatory or finishing work;
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 are the circumstances of the employee, it is regarded as a work-related injury
1. Died of sudden illness during working hours and at work, or died within 48 hours after rescue failed;
2. Suffering harm in emergency rescue and disaster relief and other activities to safeguard national interests or public interests;
3. The employee originally served in the army, was disabled due to war or duty injury, and has obtained the disabled military certificate, and was injured after arriving at the employer.
4. 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.
5. If an employee has any of the following circumstances, it shall not be recognized as a work-related injury or regarded as a work-related injury: due to a crime or violation of public security management; Drunkenness leads to **; Self-harm or suicide.
The cause of the fall on the way home from work is man-made or self-inflicted, and the parties must tell the truth when stating the facts, and must not conceal or deceive. The employer's work-related injury insurance effectively protects the legitimate rights and interests of the worker and ensures that the victim's life is treated in a timely manner. When applying for compensation, individuals should keep their receipts for medical charges.
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If a fracture is broken on the way home from work, the construction site is responsible if it is a work-related injury. According to the relevant laws and regulations of China, if an employee has any of the following circumstances, it shall be recognized as a work-related injury: (1) he or she is injured in an accident due to work-related reasons during working hours and in the workplace; 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.
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) he or she is 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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In the case of a work-related injury on the way home from work, the construction site is responsible.
Workers' Compensation Process.
1) The employer shall report the work-related injury to the Labor Bureau within 30 days after the accident, apply for labor ability appraisal after having a work-related injury certificate, and then compensate by the work-related injury insurance institution.
2) If the employer fails to declare within 30 days: the injured employee shall apply to the local labor bureau for work-related injury recognition within one year after the accident, apply for labor ability appraisal after obtaining the work-related injury identification, and apply for compensation to the work-related injury insurance institution according to the disability level after the appraisal results are obtained.
3) If the employer fails to pay work-related injury insurance for the employee, the employer shall compensate according to the standards stipulated in the Regulations on Work-related Injury Insurance, and the procedures for applying for work-related injury recognition and labor ability appraisal shall be the same as above.
If a dispute arises between the employee and the employer over work-related injuries, the employee may apply for labor arbitration.
Arbitration refers to the act of submitting a dispute to a neutral third party outside the dispute, who mediates and adjudicates the dispute between the parties. Labor dispute arbitration is a type of arbitration system that aims to resolve labor disputes. To apply for labor arbitration, it is generally necessary to apply to the local labor dispute arbitration commission.
The claimant applying for arbitration shall submit a written application for arbitration and submit copies according to the number of respondents. The application should include:1
Name, gender, date of birth, ethnicity, address, contact information** of the worker. 2.The name of the employer, the address of the employer, the name and position of the legal representative.
3.The claim for arbitration and the facts and reasons on which it is based. 4.
Evidence and evidence**, names and residences of witnesses. 5.Name of the sending unit.
With all that said, have your questions been answered!
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) Injured in an accident while engaged 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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