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Injuries caused by employees during working hours are work-related injuries, also known as occupational injuries and work-related injuries, which refer to accident injuries and occupational disease injuries suffered by workers while engaging in occupational activities or activities related to occupational activities.
1. According to Article 14 of the Regulations on Work-related Injury Insurance, work-related injuries mainly include the following types:
Injured in an accident during working hours and in the workplace due to work-related reasons;
Injured in an accident while engaged in work-related preparatory or finishing 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 motor vehicle accident while commuting to or from work;
Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.
2. Article 15 of the Regulations on Work-related Injury Insurance stipulates that an employee shall be deemed to have suffered a work-related injury if he or she has any of the following circumstances:
Death from sudden illness during working hours and at work, or death within 48 hours after rescue efforts failed;
Suffering harm in activities to safeguard national interests or public interests, such as emergency rescue and disaster relief;
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. However, if there is any of the following circumstances, it shall not be recognized as a work-related injury or treated as a work-related injury:
For committing a crime or violating the administration of public security**;
Drunkenness leads to **;
Self-harm or suicide.
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If an employee is injured in an accident at work, he or she may defend his or her rights in accordance with the work-related injury compensation procedures, apply for work-related injury recognition in accordance with the law, and then apply for the appraisal of the level of loss of working ability, and then determine the amount of compensation based on the appraisal results.
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Hello, about your question, I think that first of all, it is definitely not a work-related injury, and the company has handled accident insurance for employees, which belongs to employee benefits, and employees have an accidental injury, and the company has the obligation to declare claims for employees. The medical expenses of employees shall be handled in accordance with the medical insurance system. Employees who are sick or injured on the job are entitled to a certain period of service according to their working years, during which the company shall pay wages not less than 80% of the local minimum wage (but local regulations have higher requirements).
Hope it helps.
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Employees: How to deal with injuries at work in the company? This is a work-related injury. All medical expenses are borne by the company. And he has to bear the cost of lost work.
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You just need to find the person in charge of the company. The company is required to follow the normal procedures of work-related injury identification and work-related injury identification.
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This is a very obvious industrial and commercial situation, so the best way is to adopt the industrial and commercial way, which can not only maximize the benefits of employees, but also not be hurt in order to see a doctor. It also relieves a lot of burden to factories and companies.
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As long as it is caused by normal work, it is a work-related injury, and it must be handled in accordance with the relevant provisions of the Labor Law.
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It must have been a work injury, and there was nothing wrong with that.
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The unit is not liable for compensation if you fall and are injured.
First, Article 14 of the Regulations of the People's Republic of China on Work-related Injury Insurance stipulates that an employee shall be deemed to have suffered a work-related injury if he or she has any of the following circumstances:
Injured in an accident during working hours and in the workplace due to work-related reasons;
Injured in an accident while engaged in work-related preparatory or finishing 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 motor vehicle accident while commuting to or from work;
Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.
Clause. 2. Article 14 of the new version of the "Regulations" stipulates that if a person 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, he shall be deemed to be a work-related injury, and the scope of an accident injury suffered on the way to and from work shall be recognized as a work-related injury, but a restrictive condition is also attached, that is, it is not the main responsibility of the person.
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Legal analysis: If an employee is injured during work, the company will inevitably be liable for work-related injury compensation, and confirm whether the company has handled social insurance for the employee. Try to cooperate with the employee to **, if there is a help to pay the medical expenses of the employee, let the employee sign a written document; **During the period, we will negotiate with the employee to pay some living expenses first, and then confirm the salary during the suspension period.
Legal basis: Article 33 of the Social Insurance Law of the People's Republic of China Employees shall participate in work-related injury insurance, and the employer shall pay work-related injury insurance premiums, and employees shall not pay work-related injury insurance premiums.
Article 38 of the Social Insurance Law of the People's Republic of China The following expenses incurred due to work-related injuries shall be paid from work-related injury insurance** in accordance with national regulations:
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 of the Social Insurance Law of the People's Republic of China 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.
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Legal analysis: An employee's fall on the way to and from work is not a work-related injury. Injured in a traffic accident or an urban rail transit, passenger ferry, or train accident for which he or she is not primarily responsible while commuting to or from work.
It can be seen from this that whether it can be a work-related injury depends on whether the employee is primarily responsible for the accident, and if so, it cannot be recognized as a work-related injury. On the way to and from work, you fell and injured yourself because of your personal responsibility, not the responsibility of others, so you do not meet the conditions to be recognized as a work-related injury, and you cannot be held accountable to anyone.
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 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) 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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Legal Analysis]: If an employee is injured in an accident at work, he or she can defend his rights in accordance with the work-related injury compensation procedure, apply for work-related injury recognition in accordance with the law, and then apply for the appraisal of the level of loss of working ability, and then determine the compensation amount according to the appraisal results. If an employee is injured during work, the company will inevitably be liable for work-related injury compensation, and confirm whether the company has handled social insurance for employees.
Try to cooperate with the staff to carry out **, if there is a help for the employee to pay for medical travel delayed treatment, let the employee sign a written document; **During the period, we will negotiate with the employee to pay some living expenses first, and then confirm the salary during the suspension period. After the occurrence of work-related accidents, enterprises and units shall promptly report the work-related injuries and occupational diseases, and shall not conceal or omit reports; secondly, the injured employee or his or her relatives apply for recognition of work-related injury and enjoy work-related injury benefits; Finally, the trade union organization of the enterprise may file an application on behalf of the injured employee.
Legal basis: Social Insurance Law of the People's Republic of China
Article 33 Employees shall participate in work-related injury insurance, and the employer shall pay work-related injury insurance premiums, and employees shall not pay work-related injury insurance premiums.
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 and food subsidies (3) Transportation and accommodation expenses for medical treatment outside the co-ordination area (4) Expenses required for the installation and configuration of disability assistive devices (5) Living care expenses confirmed by the Labor Ability Appraisal Committee for those who cannot take care of themselves (6) One-time disability allowance and monthly disability allowance for disabled employees of grades 1 to 4 (7) One-time medical subsidies that should be enjoyed when the labor contract is terminated or terminated (8) Death due to work, Funeral allowances, pensions for dependent relatives and work-related death allowances received by their surviving family members (9) Labor ability appraisal fees.
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Summary. An accidental injury suffered by an employee during working hours is a work-related injury, and the employer shall declare the work-related injury and enforce the work-related injury treatment for the injured employee. Refer to Article 30 of the "Regulations on Work-related Injury Insurance" for employees who are injured in accidents or suffer from occupational diseases due to work, and enjoy medical treatment for work-related injuries.
Employees who are injured at work shall seek medical treatment in a medical institution that has signed a service agreement, and in case of emergency, they can first go to the nearest medical institution for first aid. **If the expenses required for work-related injuries meet the requirements of work-related injury insurance diagnosis and treatment items, work-related injury insurance drug lists, and work-related injury insurance hospitalization service standards, they shall be paid from work-related injury insurance**. The catalogue of work-related injury insurance diagnosis and treatment items, the catalogue of work-related injury insurance drugs, and the hospitalization service standards of work-related injury insurance shall be prescribed by the social insurance administrative department in conjunction with the health administrative department, the food and drug supervision and administration department and other departments.
The food subsidy for the hospitalization of the employee for the work-related injury, as well as the transportation, accommodation and accommodation expenses required for the work-related injury employee to seek medical treatment outside the co-ordination area shall be paid from the work-related injury insurance, and the specific standard of payment shall be stipulated by the people of the co-ordination area. Injured employees are not entitled to medical treatment for work-related injuries and shall be dealt with in accordance with the basic medical insurance measures. If the work-related injury employee goes to the medical institution that has signed the service agreement to carry out the work-related injury**, if it meets the requirements, it shall be paid from the work-related injury insurance**.
Is the employer responsible for an employee who falls and injures himself at work?
An accidental injury suffered by an employee during working hours is a work-related injury, and the employer shall declare the work-related injury and enforce the work-related injury treatment for the injured employee. Refer to Article 30 of the "Regulations on Work-related Injury Insurance" for employees who are injured in accidents or suffer from occupational diseases due to work, and enjoy medical treatment for work-related injuries. Employees who are injured at work shall seek medical treatment in a medical institution that has signed a service agreement, and in case of emergency, they can first go to the nearest medical institution for first aid.
**If the expenses required for work-related injuries meet the requirements of work-related injury insurance diagnosis and treatment items, work-related injury insurance drug lists, and work-related injury insurance hospitalization service standards, they shall be paid from work-related injury insurance**. The catalogue of work-related injury insurance diagnosis and treatment items, the catalogue of work-related injury insurance drugs, and the hospitalization service standards of work-related injury insurance shall be prescribed by the social insurance administrative department in conjunction with the health administrative department, the food and drug supervision and administration department and other departments. The food subsidy for the hospitalization of the employee for the work-related injury, as well as the transportation, accommodation and accommodation expenses required for the work-related injury employee to seek medical treatment outside the co-ordination area shall be paid from the work-related injury insurance, and the specific standard of payment shall be stipulated by the people of the co-ordination area.
Injured employees are not entitled to medical treatment for work-related injuries and shall be dealt with in accordance with the basic medical insurance measures. If the work-related injury employee goes to the medical institution that has signed the service agreement to carry out the work-related injury**, if it meets the requirements, it shall be paid from the work-related injury insurance**.
Hope mine is helpful to you.
Have a great day.
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