Can stomach bleeding during work be considered a work related injury for a professional driver?

Illness is only considered a work-related injury if it is an occupational disease or death from a sudden disease, and gastric bleeding is not an occupational disease.

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.

First, the driver's workplace is a car, and any accident that occurs while performing work tasks, regardless of whose responsibility it is, can be recognized as a work-related injury.

Second, if the driver has a traffic accident on the way to and from work, and the traffic police department determines that it is not his main responsibility, he can be recognized as a work-related injury.

Third, if the driver is drunk driving, drunk driving, suicide, self-harm, drug abuse, intentional crime and accidents, it cannot be recognized as a work-related injury.

According to the 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 16: Where an employee meets the requirements of Articles 14 and 15 of these Regulations, but in any of the following circumstances, it shall not be recognized as a work-related injury or treated as a work-related injury:

1) Intentionally committing a crime;

2) Drunk or drug addiction;

3) Self-harm or suicide.

Stomach bleeding at work is not considered a work-related injury. During working hours and at work, death from sudden illness or death within 48 hours after rescue efforts are ineffective is a work-related injury, and other circumstances are generally not work-related injuries.

Article 14 of the Regulations on Work-related Injury Insurance stipulates that if an employee has one of the following seepage circumstances, it shall be recognized as 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 for which he or she is not primarily responsible, or an accident involving an urban rail transit, passenger ferry, or train 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) The employee originally served in the army, was disabled due to war or duty injuries, and has obtained a disabled military certificate, and returned to the employer after returning to 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. Grade 10 work-related injury compensation standards.

1) One-time disability allowance.

According to the provisions of Articles 35, 36 and 37 of the Regulations on Work-related Injury Insurance, if an employee is identified as a Grade 10 disability due to work-related disability, a one-time disability subsidy shall be paid by the work-related injury insurance, and the standards are as follows:

Grade 10 disability: 7 of my salary

2) Level 10 one-time medical subsidy for work-related injuries and employment subsidy for disability.

1. One-time medical subsidy for work-related injury: paid by work-related injury insurance**;

2. One-time disability employment subsidy: paid by the employer;

The above two gold standards are determined according to the level of disability, and the regulations on work-related injury insurance do not stipulate a unified standard, and the specific standards are authorized by the people of all provinces, autonomous regions and municipalities directly under the Central Government. It can be found in the provincial regulations on work-related injury insurance or in the work-related injury insurance measures.

1.Unfortunately, the situation you mentioned cannot be recognized as a work-related injury, acute gastric bleeding is a kind of disease, and there is only one situation in which a sudden illness at work is recognized as a work-related injury, that is, the first paragraph of Article 15 of the Regulations on Work-related Injury Insurance, "During working hours and at work, the person dies of a sudden illness or dies within 48 hours after being rescued; ”

2.In other words, a work-related injury can only be recognized if there is a death from a sudden illness or death within 48 hours after the sudden illness is ineffective. This is not a good sound, but the fact is that those who are sick and die can be recognized, and those who are alive, no matter how serious, are not work-related injuries!

3.If you don't understand anything, you can ask or call 12333 directly to consult your local labor department!

The circumstances of work-related injuries recognized in accordance with the provisions of the Regulations on Work-related Injury Insurance do not meet the requirements for determining work-related injuries and are not regarded as work-related injuries.

Zongheng Legal Network-Beijing Yingke (Wuhan) Law Firm-Li Wenzhi lawyer.

It is a work-related injury. Work-related injuries refer to injuries caused by adverse factors and occupational diseases suffered by workers when engaging in occupational activities or activities related to occupational activities. The principle of no-fault applies to the determination of work-related injuries.

After a work-related injury occurs, the employer can apply to the local social security bureau for a work-related injury determination within one month, and the employee can apply within one year.

Legal basis: Article 40 of the Regulations of the People's Republic of China on Work-related Injury Insurance Article 40 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) Suffering violence or other accidental injuries during working hours and in the workplace as a result of performing their duties violently; 4) Suffering from occupational diseases; (5) During the period when they are out for work, they are injured or injured due to work reasons, or their whereabouts are unknown in an accident; (6) Being injured in a motor vehicle accident while commuting to or from work.

It is a work-related injury, and work-related injury is the principle of no-fault liability. If the worker is negligent and at fault, it does not affect the determination of work-related injury and work-related injury insurance benefits.

If it is caused by work, the employer can apply for work-related injury, and the Human Resources and Social Security Bureau shall approve it in accordance with regulations.

Stomach bleeding on the way to work is not considered a work-related injury.

Paragraph 6 of Article 14 of the Regulations on Work-related Injury Insurance stipulates that 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. Stomach bleeding on the way to work is obviously unrelated to this and cannot be recognized as a work-related injury.

Stomach bleeding on the way to work should be handled according to illness, the company will pay sick leave wages during the sick leave, the hospitalization expenses shall be shared by the medical insurance and the individual according to the regulations, and the outpatient expenses shall be borne by themselves.

Injuries at work. It's a work-related injury.