How to calculate the salary of an employee who was hit by a motorcycle on the way to work and was on

If it is recognized as a work-related injury, the salary will be paid as it is, but the leave shall not exceed 12 months.

Article 33 of the Regulations on Work-related Injury Insurance stipulates that if an employee is injured in an accident or suffers from an occupational disease at work and needs to suspend work to receive medical treatment for work-related injury, 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.

Determination of work-related injury: 6) 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 and children within a reasonable time, it may also be recognized as a work-related injury. Those who are injured in traffic accidents or accidents involving urban rail transit, passenger ferries, or trains for which they are not primarily responsible.

Judicial Interpretation of the Supreme People's Court on the Determination of Work-related Injuries (effective as of September 1, 2014) ["Commuting to and from work" refers to a personal injury accident that occurs during the necessary time between the residence and the work area. If you are injured in a motor vehicle accident, you should also add the question of illegal driving, which is generally the majority of driving two-wheeled motorcycles, and for illegal driving (driving without a license), if it reaches the level of traffic accident, it will not be recognized as a work-related injury.

Determination of work-related injury]:

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) Being 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;

If the employee is not on a business trip due to the dispatch of the unit, but goes out during his vacation and has a traffic accident, it is not a work-related injury, and the employer does not need to bear the liability for compensation for the work-related injury, and the corresponding expenses arising from the traffic accident shall be borne by the tortfeasor. Then the unit does not need to bear any responsibility, and the employees need to bear it. According to the relevant laws of China, if an employee has a traffic accident during the commuting process, if it is not the main responsibility of the employee, he can apply for the recognition of the injury of the head of the worker, so as to obtain work-related injury compensation.

The criterion for determining a work-related injury is that the injury is caused by an accident during working hours and in the workplace; Injured in an accident while engaged in preparatory or finishing work related to the worker's old work in the workplace before or after working hours; Injured by violence or other accidents during working hours and in the workplace due to the performance of work duties; suffering from occupational diseases; During the period of going out for work, the person is injured due to work reasons or the whereabouts of the accident are unknown; 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; Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries. After the party has a traffic accident, he should immediately stop and turn on the hazard warning flashing lights and call the police, and cannot escape. And place warning signs 50 meters away from the direction of incoming vehicles to avoid other vehicles from colliding again and prevent further accidents.

Summary. Hello, happy to serve you If the employee has a problem during the leave, such as a car accident, a fall, etc., in this case, it is a non-work-related injury, and the enterprise only needs to bear the share of medical treatment and the salary during the leave period; If the injury is still being injured while on leave but still working in the enterprise, it shall be regarded as a work-related injury and the enterprise shall be liable for work-related injury compensation. I hope that the respondent can help you, and I wish you a happy life and good health.

Hello, I am happy to serve you If the employee has a problem during the leave, such as a car accident, a fall, etc., in this case, it is a non-work-related injury, and the enterprise only needs to bear the share of medical treatment and the salary during the rest period; If the injury is still injured at work during the period of leave, it shall be regarded as a work-related injury, and the enterprise shall be liable for compensation for the injury caused by the dry training of the sail branch. I hope that the respondent can help you, and I wish you a happy life and good health.

Article 14 of the "Regulations on Work-related Injury Insurance" stipulates that 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 engaged in work-related preparatory or finishing work in the workplace before or after working hours; (3) Injured by accidents such as Baoli during working hours and in the workplace due to the performance of work duties; (4) Suffering from occupational bing; 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) On the way to and from work, being injured in a traffic accident for which the person is not primarily responsible, or in an accident involving urban rail transit, passenger transport, ferry, or train; (7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.

If an employee is negligent and injured while riding an electric vehicle on the way to work, and it is his main responsibility, it is not considered a work-related injury. In other words, if the person is primarily responsible, it cannot be recognized as a work-related injury, for example, if you are hit by a car while commuting to or from work, and the main responsibility for the injury lies with you, it cannot be regarded as a work-related injury. On the way to and from work, only traffic accidents for which you are not primarily responsible, or accidents in urban rail transit, passenger transport, trains, or ferries, can be regarded as work-related injuries.

1. Is walking and falling during work considered a work-related injury?

Walking and falling on the way to work is not considered a work-related injury. On the way to and from work, a person who is 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 shall be found to be a work-related injury. If an employee is injured in an accident or suffers from an occupational disease due to work-related reasons, and the work-related injury is recognized, he or she shall enjoy work-related injury insurance benefits.

2. What is considered a work-related injury when commuting to and from work?

A traffic accident occurs when commuting to and from work is considered a work-related injury. In order to be recognized as a work-related injury, the following conditions must be met at the same time: on the way to and from work, the person is injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train that is not the main responsibility of the person; In the determination of responsibility for the traffic accident, the person is not primarily responsible.

However, for example, if you slip on a snowy road and fall and are injured by yourself, although it occurred on the way to and from work, you were not injured in a traffic accident that is not your primary responsibility, so it cannot be determined that the work-related injury judgment is invalid.

3. Is a broken bone while walking on the way to work considered a work-related injury?

It is learned that if you fall and break a bone while walking on the way to work, this situation cannot be recognized as a work-related injury.

Generally speaking, falling and breaking a bone while walking on your own cannot be considered a work-related injury. According to Article 14, Paragraph 6 of the Regulations on Work-related Injury Insurance, a person who is 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 may report a work-related injury.

Article 14 of the Regulations on Work-related Injury Insurance stipulates that if an employee has any of the following circumstances, it shall be deemed to be a work-related injury:

.6) Being 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;

Summary. Only traffic accidents that are not the main responsibility of the person on the way to and from work can be recognized as a work-related injury, and a fall on a bicycle is generally not recognized as a work-related injury.

Article 14 of the Regulations on Work-related Injury Insurance stipulates that if an employee has any of the following circumstances, it shall be deemed 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) 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) Being 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;

(7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.

Labor Law Is an employee's injury on a motorcycle on the way to and from work considered a work-related injury?

This question is up to me, it takes a little time to type, so please be patient.

Only on the way to and from work, a traffic accident that is not the main responsibility of the person can be recognized as a work-related injury, and the injury caused by oneself riding a bicycle is generally not recognized as a work-related injury. 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 preparatory or finishing work related to 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) Being 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; (7) Other circumstances where laws and administrative regulations provide that lead shall be determined as work-related injuries.

He fell on his motorcycle home after work.

Well, it's an accident, not a work injury! Unrecognizable!

Ok thanks.

You're welcome to give a thumbs up.

employees on.

Bai fell on a motorcycle on the way to work.

Is an injury considered a work injury? It depends on whether the employee is primarily responsible in the accident identification letter issued by the traffic management department (traffic police) after the DAO traffic accident; If it is the main responsibility, it will not be recognized as a work-related injury, otherwise it is a work-related injury; The basis is the provisions of the Regulations on Work-related Injury Insurance.

Paragraph (6) of Article 14 of the Regulations on Work-related Injury Insurance: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;

It is not a work-related injury.

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) 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) Being 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;

(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.