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According to the Regulations on Work-related Injury Insurance, work-related injuries include sudden injuries and occupational diseases.
Work-related accidents refer to sudden personal injuries suffered by workers, employees and self-employed workers during working hours and workplaces due to work-related reasons.
The various circumstances that constitute a work-related injury are listed below:
1. Article 14 of the Regulations on Work-related Injury Insurance stipulates that personal accidents that occur under the following circumstances shall be recognized as work-related accidents:
1. Being injured in an accident during working hours and in the workplace due to work reasons;
2. Engaging in work-related preparatory or finishing work in the workplace before or after working hours and being harmed.
3. During working hours and in the workplace, due to violence and other accidental injuries 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 in an accident or the whereabouts of the accident are unknown;
6. Being injured in a motor vehicle accident on the way to and from work;
7. Other circumstances that shall be recognized as work-related injuries as provided by laws and administrative regulations.
2. Deemed work-related injuries as stipulated in Article 15 of the Regulations on Work-related Injury Insurance:
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. Employees who originally 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.
3. The All-China Federation of Trade Unions Labor Insurance Department (65) Insurance No. 760 Document and some replies of the Ministry of Labor may be treated mutatis mutandis as work-related injuries
1. Eating in the canteen of the unit, and being disabled or dying due to food poisoning;
2. Injured, disabled or killed while participating in sports competitions held by the unit or a superior unit;
3. Disability or death due to medical accidents;
4. Liability accidents caused by non-personal reasons on the way to and from work transfer;
5. Work-related injuries that have been medically terminated in the previous unit, and old injuries after being transferred to the new unit;
6. Employees die of illness due to special reasons (such as overtime) at work.
In addition, it should be noted that Article 16 of the Regulations on Work-related Injury Insurance stipulates that the circumstances that do not constitute work-related injuries:
1. Due to crime or violation of public security administration;
2. Drunkenness leads to **;
3. Self-harm or suicide.
If it can be determined that your situation is due to work-related reasons, it can be recognized as a work-related injury.
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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 as a result of performing work duties; (4) Suffering from an occupational disease; (5) During the period when they are away for work, they are injured due to work reasons or their whereabouts are unknown in an accident; (6) Being 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; (7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.
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An old illness** during work is not considered a work-related injury.
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According to the relevant laws and regulations, work-related injuries refer to accidents or occupational disease hazards suffered by employees due to work-related reasons. The old disease** is the employee's own illness, and Hongyanjian is not caused by work, so it cannot be counted as a work-related injury. If it is a recognized work-related injury, an old injury**, you can enjoy the work-related injury to be covered by coincidence.
The relevant legal basis compiled for you is as follows: Article 14 of the "Regulations on Work-related Injury Insurance" If an employee has any of the following circumstances, it shall be recognized as a work-related injury: (1) 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 preparatory or finishing work related to bridge section land work in the workplace before or after working hours; (3) Suffering violence or other accidental injuries during working hours and in a sensitive workplace due to the performance of work duties; (4) Suffering from an occupational disease; (5) During the period when they are away for work, they are injured due to work reasons or their whereabouts are unknown in an accident; (6) Being 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; (7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.
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1. Whether an old illness during work is considered a work-related injury.
In practice, it also depends on whether the old injury is caused by a work-related injury, if it is a work-related injury before, and then again, it can be treated as a work-related injury.
The so-called work-related injury refers to the personal injury suffered by an employee in the course of performing his or her duties (business). China's "Regulations on Work-related Injury Insurance" stipulates six situations that should be recognized as work-related injuries, and three situations that are regarded as work-related injuries. In addition to the deemed work-related injury, the determination of work-related injury in China basically runs through the loose principle of causation, that is, as long as the work constitutes a condition for the occurrence of injury, it is regarded as having a causal relationship, for example, a traffic accident on the normal road to and from work should be recognized as a work-related injury, which reflects the principle of work-related injury insurance to protect the occupational risk of employees as much as possible.
If an employee suffers an injury in the course of work and is assessed by the labor department as a work-related injury, he or she shall be entitled to work-related injury benefits in accordance with the Regulations on Work-related Injury Insurance.
As for whether the injury suffered by the grinding stupidity should still enjoy work-related injury treatment after being healed, China's law has also made clear provisions. According to the Regulations on Work-related Injury Insurance, if an injured employee is injured at work and is confirmed to be in need, he or she shall enjoy the work-related injury benefits provided for in Articles 30, 32 and 33 of these Regulations.
In the event of a work-related injury, the first step is to identify the work-related injury. After being recognized as a work-related injury. You can enjoy work-related injury benefits, and medical expenses are covered by social security. Nursing expenses, hospital meals, etc. are paid by the employer, and the employer also pays wages during the work-related injury as usual.
After the first pass, if it may constitute a disability, the labor ability appraisal shall be conducted. If the employer does not purchase work-related injury insurance, it shall bear all the compensation liabilities according to the above standards. The compensation standard is 11 months' salary for level 10 and 18 months for level 9.
Level 8 is 29 months. Level 7 43 months In addition, you can also ask for medical expenses, lost time pay. Nursing expenses, hospital meal allowances, nutrition expenses, transportation expenses, etc., as well as disability compensation and living expenses for dependents.
2. Broaden the content.
Occupational diseases are classified as work-related injuries. According to China's newly revised Regulations on Work-related Injury Insurance and Insurance Reform, which came into effect on January 1, 2011, work-related injuries generally include work-related accidents and occupational diseases. Article 14 of the Regulations on Work-related Injury Insurance stipulates that:
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) Suffering violence or other accidental injuries during working hours and in the workplace as a result of performing work duties;
(4) Suffering from an occupational disease;
5) During the period of going out for work, the whereabouts of the injury or accident due to work reasons are unknown.
6) An accident may also be deemed to be a work-related injury if an employee commutes to and from work on a reasonable route between the place of work and the place of residence of his or her spouse, parents or children within a reasonable time.
(7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.
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Employees who are injured at work can also enjoy work-related injury benefits. Work-related injury** is a situation that is clearly stipulated by law to be entitled to work-related injury benefits in accordance with the law, so employees can enjoy work-related injury benefits in accordance with the law, including work-related injury benefits such as suspension of work and salary.
Article 38 of the Regulations on Work-related Injury Insurance Article 38 If an injured employee is injured at work and is confirmed to be in need, he or she shall enjoy the work-related injury benefits provided for in Articles 30, 32 and 33 of these Regulations. Article 33 of the Regulations on Work-related Injury Insurance 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 of work and salary, 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 belongs shall be responsible.
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Legal Analysis: No. Work-related injury refers to the accident injury suffered by the employee due to work, or the occupational disease hazard. The employee's statement is not a work-related injury.
Legal basis: Regulations on Work-related Injury Insurance Article 14 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) 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 the work hours and workplace during the work hours;
(4) Suffering from an occupational disease;
(5) During the period when they are away for work, they are injured due to work reasons or their whereabouts are unknown in an accident;
(6) Being 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;
(7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.