How to calculate the salary of taxi drivers for work related injuries, and whether taxi driver brawl

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 with pay, 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 districted city level, but the extension shall 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 needs nursing care during the period of suspension of work with pay, the unit to which he or she belongs shall be responsible.

1. According to the regulations on work-related injury insurance, fighting at work generally cannot be regarded as work-related injuries.

2. The circumstances that can be recognized as work-related injuries are as follows: 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 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 In any of the following circumstances, an employee shall be deemed to have suffered a work-related injury:

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) The employee was originally serving in the army, but was disabled due to injuries sustained in war or in the line of duty, and has obtained a disabled military certificate, and is 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.

1. The difference between work-related injuries and work-related injuries is:

The subjects and their relationships are different. Work-related injuries occur in labor relations, that is, between employers and employees, and work-related injuries occur between state organs, public institutions and social organizations managed with reference to the Civil Servants Law and their staff.

The basis for determining treatment is different. Work-related injury benefits shall be determined by the work-related injury insurance regulations and local administrative regulations. Compensation for work-related injuries shall be formulated by the departments of personnel, labor and social security in conjunction with the departments of finance.

Whether or not you can participate in work-related injury insurance benefits are different. Work-related injuries can participate in work-related injury insurance and enjoy work-related injury insurance benefits. Work-related injuries cannot participate in work-related injury insurance, and cannot enjoy work-related injury insurance benefits, but enjoy relevant work-related injury benefits.

The subject of payment of benefits is different. Work-related injuries are entitled to work-related injury insurance benefits, and those who participate in work-related injury insurance shall be paid by work-related injury insurance** in accordance with regulations, and those who have not participated in work-related injury insurance shall be paid by the employer in accordance with work-related injury insurance benefits. The treatment for work-related injuries shall be paid by the employer.

There are different ways to resolve disputes. In the event of a dispute over work-related injury benefits, labor dispute arbitration, application for administrative reconsideration, administrative litigation and civil litigation may be applied to resolve the dispute according to the specific circumstances. If there is an objection to the treatment of the unit's work-related injuries, it can only pass the personnel dispute arbitration award first, and if the person is not satisfied with the award, he may file a civil lawsuit with the people's court.

Legal Analysis: Belongs. After a taxi driver is injured in a traffic accident at work, if he or she has a labor contract relationship with the taxi company, he or she can apply for a work-related injury determination and enjoy work-related injury benefits in accordance with the law.

Legal basis: Social Insurance Law of the People's Republic of China

Article 38 The following expenses incurred due to work-related injuries shall be paid from work-related injury insurance** in accordance with the provisions of the State:

1) Medical expenses and expenses for work-related injuries;

2) Hospitalization meal subsidy;

3) Transportation and accommodation expenses for medical treatment outside the overall planning area;

4) The cost of installing and configuring assistive devices for the disabled, such as Wang Hong;

5) For those who are unable to take care of themselves, the living care expenses confirmed by the Labor Ability Appraisal Committee;

6) A one-time disability allowance and a monthly disability allowance for employees with disabilities of grades 1 to 4;

7) A one-time medical subsidy to be enjoyed when the labor contract is terminated or dissolved;

8) In the event of a work-related death, the funeral allowance, the pension for dependent relatives and the work-related death allowance received by the surviving family members;

9) Labor ability appraisal fee.

Article 39 The following expenses incurred as a result of work-related injuries shall be paid by the employer in accordance with the provisions of the State Waste Register:

1) Wages and benefits during the work-related injury;

2) The monthly disability allowance received by the disabled employees of the fifth and sixth grades;

3) When the labor contract is terminated or dissolved, the one-time employment subsidy for the disabled shall be enjoyed.

Lawyer answers

It depends. Lawyer analysis

Whether a taxi driver's work-related injury in operation should be considered in two situations.

First, if the taxi driver is Qibi working for a company that operates the taxi business, then the relationship between the two is a quiet labor relationship, and the taxi driver is in operation**, during working hours and in the workplace, and is injured due to work-related reasons, so it can be recognized as a work-related injury.

Second, if the taxi driver is independently operated and not affiliated with a company, the course of his or her business shall not be considered a work-related injury.

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) Suffering violence or other accidental injuries during working hours and in the workplace due to the performance of their 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 Analysis: Belongs. After a taxi driver is injured in a traffic accident at work, if he or she has a contractual relationship with the taxi company, he or she can apply for work-related injury recognition and enjoy work-related injury benefits in accordance with the law.

Legal basis: Social Insurance Law of the People's Republic of China

Article 38 The following expenses incurred due to work-related injuries shall be paid from work-related injury insurance** in accordance with the provisions of the State:

1) Medical expenses and expenses for work-related injuries;

2) Hospitalization meal subsidy;

3) Transportation and accommodation expenses for medical treatment outside the overall planning area;

4) The cost of installing and configuring assistive devices for the disabled;

5) For those who are unable to take care of themselves, the living care expenses confirmed by the Labor Ability Appraisal Committee;

6) A one-time disability allowance and a monthly disability allowance for employees with disabilities of grades 1 to 4;

7) A one-time medical subsidy to be enjoyed when the labor contract is terminated or dissolved;

8) In the event of a work-related death, the funeral allowance, the pension for dependent relatives and the work-related death allowance received by the surviving family members;

9) Labor ability appraisal fee.

Article 39 The following expenses incurred as a result of work-related injuries shall be paid by the employer in accordance with the provisions of the State:

1) Wages and benefits during the work-related injury;

2) The monthly disability allowance received by the disabled employees of the fifth and sixth grades;

3) When the labor contract is terminated or dissolved, the employer shall enjoy a one-time disability employment subsidy.

Belong. If a taxi driver is injured in a traffic accident at work, if he or she is in a labor contract relationship with the taxi company, he or she may apply for a work-related injury determination and enjoy work-related injury benefits in accordance with the law.

1. How to deal with a taxi being hit by a traffic accident if someone is injured.

It is necessary for the traffic department to determine the responsibility for traffic accidents. After investigation, the traffic police department shall determine the responsibility of the parties according to the role of the parties' actions in the occurrence of the traffic accident and the severity of the fault. If the transportation department organizes compensation and mediation for the injury of a passenger in a taxi accident, the passenger may request the taxi driver or the company to which he belongs and the person directly responsible for the accident to claim compensation.

2. Under what circumstances a traffic accident on the way to work is recognized as a work-related injury?

If a traffic accident occurs on the way to work, the employee can only be recognized as a work-related injury if it is not his or her own cause.

If an employee encounters a traffic accident on the way to and from work, it can be recognized as a work-related injury, but the following conditions must be met at the same time:

1. The traffic accident must occur at the specified time of commuting;

2. It must be a traffic accident on the necessary route to and from work;

3. It must be that the person has no responsibility or is not the main responsibility;

4. It must be a road traffic accident caused by a motor vehicle.

Within 30 days after the incident, the injured person or his family members shall submit an application for work-related injury recognition within one year after the occurrence of the accident, and apply for a labor ability appraisal when the injury is relatively stable, and then enjoy the corresponding work-related injury benefits according to the identification and appraisal results.

3. What should I do if a taxi has a work-related accident?

If a taxi driver has a work-related accident, the employer shall send the injured employee to a medical institution in a timely manner**; Submit an application for work-related injury determination within 30 days from the date of occurrence of the injury; After the injury is relatively stable, apply to the labor ability appraisal committee of the city divided into districts; And bring the work-related injury certificate, labor ability appraisal and other materials to the work-related injury insurance agency to apply for work-related injury insurance benefits.

Social Insurance Law of the People's Republic of China

Article 38 The following expenses incurred due to work-related injuries shall be paid from work-related injury insurance** in accordance with the provisions of the State:

1) Medical expenses and expenses for work-related injuries;

2) Hospitalization meal subsidy;

3) Transportation and accommodation expenses for medical treatment outside the overall planning area;

4) The cost of installing and configuring assistive devices for the disabled;

5) For those who are unable to take care of themselves, the living care expenses confirmed by the Labor Ability Appraisal Committee;

6) A one-time disability allowance and a monthly disability allowance for employees with disabilities of grades 1 to 4;

7) A one-time medical subsidy to be enjoyed when the labor contract is terminated or dissolved;

8) In the event of a work-related death, the funeral allowance, the pension for dependent relatives and the work-related death allowance received by the surviving family members;

9) Labor ability appraisal fee.

Article 39 The following expenses incurred as a result of work-related injuries shall be paid by the employer in accordance with the provisions of the State:

1) Wages and benefits during the work-related injury;

2) The monthly disability allowance received by the disabled employees of the fifth and sixth grades;

3) A one-time disability employment subsidy that shall be enjoyed when the labor contract is terminated or dissolved.

In the event of a work-related accident in a taxi, the injured employee shall be sent to a medical institution in a timely manner**; The employer shall submit an application for recognition of work-related injury within 30 days from the date of occurrence of the accident injury; After the injury is relatively stable, apply to the labor ability appraisal committee of the city divided into districts; Bring the work-related injury certificate, labor ability appraisal and other materials to the work-related injury insurance agency to apply for work-related injury insurance benefits.

[Basis for changing the law year].Article 17 of the Regulations on Work-related Injury Insurance.

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, the time limit for application may be appropriately extended with the consent of the social insurance administrative department.

If the employer fails to submit an application for recognition of work-related injury in accordance with the provisions of the preceding paragraph, the employee or his close relatives or trade union organization may directly submit an application for recognition of work-related injury to the social insurance administrative department of the area where the employer is located within one year from the date of occurrence of the accident injury or the date of diagnosis or appraisal of the occupational disease.

Summary. Hello dear and happy to answer your <>

If the driver who rents a personal vehicle to work is injured as a work-related injury, and if he is injured in a traffic accident or an urban rail transit, passenger ferry, or train accident for which he is not primarily responsible, it shall be recognized as a work-related injury. The core criterion must be that the employment relationship between the employer and the employee is protected by law.

Is it considered a work-related injury if the driver is injured when the unit rents a personal vehicle to work?

Hello dear and happy to answer your <>

Legal analysis: if the driver of the affiliation relationship is not injured in the town, it is generally not considered a work-related injury, and if the driver is injured in the subordinate relationship, it is generally not treated as a work-related injury, because in the judicial practice of the Imperial Socks, the affiliation relationship between the driver and the unit is not a labor relationship at all. In order to determine a work-related accident, the core criterion must be that the employment relationship between the employer and the employee is protected by law.

Extended information: In judicial practice, although the vehicle purchased by an individual is attached to another approved unit and operated externally in the name of the affiliated unit, and a de facto labor relationship has been formed between the driver hired by the individual and the affiliated unit, in the case where the sponsor leases or contracts the operating vehicle to the actual driver, the rent or contract fee collected by the external lease or contract is only a manifestation of the ownership income, not the benefit enjoyed by the operation of the motor vehicle, and the lessee or contractor independently controls and controls the motor vehicle. and enjoy the operating income independently. Therefore, compared with the operation of the driver hired by the sponsor, if the sponsor rents or contracts the operation of the vehicle, the actual driver is weaker in personality, economy and organizational subordination than the sponsor or the affiliated person, so that it affects the formation of "labor relations".

The parties do not have the subordination of the person to the organization, so the two parties do not constitute an employment relationship.

Hello, you are affiliated with the company, the specific situation here can be typed to the lawyer, I can help you analyze the problem and then give you a solution.