I went to work in the morning and had a traffic accident, will the factory accompany me for work rel

Work-related injury insurance is mandatory for all employees, so regardless of whether your company has bought work-related injury insurance for you, you can ask the company to pay work-related injury compensation, but the premise is that your injury meets the work-related injury determination and is recognized as a work-related injury.

The determination of work-related injury is time-sensitive, and the company applies for and identifies it within one month after the accident, and the medical expenses are paid by the work-related injury insurance**; If an individual applies for a personal work-related injury within one year and is recognized within one year, the medical expenses shall be borne by the company; If the applicant has not applied for work-related injury recognition for more than one year, the labor bureau will no longer accept it, and the disability level appraisal will not be made, and there will be no compensation.

According to the Regulations on Work-related Injury Insurance

Chapter III: Determination of Work-related Injuries (Note the Provisions of Item 6 of Article 14).

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.

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.

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.

Article 18 The following materials shall be submitted to submit an application for determination of work-related injury:

1) Application form for determination of work-related injury;

2) Proof of the existence of an employment relationship (including a de facto employment relationship) with the employer;

3) Medical diagnosis certificate or occupational disease diagnosis certificate (or occupational disease diagnosis and appraisal certificate).

The application form for determination of work-related injury shall include basic information such as the time, place, and cause of the accident, as well as the degree of injury of the employee.

Where the materials provided by the applicant for work-related injury determination are incomplete, the social insurance administrative department shall inform the applicant of all the materials that need to be supplemented and corrected in writing at one time. After the applicant requests to supplement and correct the materials in accordance with the written notice, the social insurance administrative department shall accept it.

If you have paid work-related injury insurance, you will not be able to make a claim.

If a car accident occurs on the way to work and causes personal injury, depending on the main responsibility for the car accident or even the full responsibility is not on the employee, if not, it can be recognized as a work-related injury and obtain the work-related injury insurance benefits provided by the employer.

It is also possible to claim tort damages from the other party to the accident.

According to China's "Regulations on Work-related Injury Insurance".

Article 14 stipulates that those who are subjected to traffic accidents or urban rail transit for which they are not primarily responsible on the way to and from work.

Injuries caused in passenger ferry and train accidents can be recognized as work-related injuries, so if you are not the victim of a car accident on the way to work, you are not primarily responsible.

in order to be recognized as a work-related injury.

Specifically, depending on whether the employee is the injured party or the driver of the car accident who was also injured, it can be divided into the following situations:

1. If the employee is the injured party.

If a car accident occurs on the way to work, and the employee is the victim and the accident maker is the other party, the following specific analysis can be performed according to the employee's work style, provided that the employee has not violated the road traffic management rules

1) If the employee is walking to work and is hit without violating the road traffic management rules, then as a traffic accident in which a pedestrian collides with a motor vehicle, the employee must not be the party who bears the main responsibility, and can apply to the company for work-related injury benefits.

2) If an employee rides a motor vehicle including an electric vehicle or a car to work, and is hit by the other party's motor vehicle on the way, if the employee does not violate the road traffic management rules, then the main responsibility is not on the employee's side, therefore, the employee can also enjoy work-related injury insurance benefits.

That is, whether you are walking, driving by yourself or taking the bus, as long as you are not primarily responsible for the car accident that occurs on the way to work, then it can be classified as a work-related injury.

2. If the employee is a car accident maker.

On the other hand, if you are walking or driving yourself to work, and the accident is mainly caused by yourself, then the situation is very different.

1) If you walk to work and cause a car accident due to your own negligence, according to the relevant provisions of China's "Road Traffic Safety Law", the general motor vehicle party bears no-fault liability.

Even if the person and the car are half of the responsibility, then it can be recognized as a work-related injury.

However, if the employee intentionally caused a car accident, according to Article 76 of China's Road Traffic Safety Law, if the pedestrian intentionally collides with a motor vehicle, the motor vehicle shall not be liable for compensation.

2) If the accident is caused by driving to work and running a red light in a hurry, the employee is primarily responsible for the accident in which two motor vehicles collide, so he or she cannot receive work-related injury insurance benefits.

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A traffic accident injury that is not the primary responsibility of the person on the way to and from work is a work-related injury.

If the main responsibility is above, it is not a work-related injury.

Count the work-related injury, come to the work-related injury certificate, and the company will pay this part of the money by itself

Summary. After the traffic accident, the work-related injury wages in the factory are paid normally, does the insurance company still need to pay a claim, and the insurance company still needs to pay a claim. OK.

In the event of a traffic accident, the traffic police first need to go to the scene and divide the responsibility under the accident identification certificate. Compensation for traffic accident damages includes 13 items: medical expenses, nutrition expenses, hospital meal subsidies, lost work expenses, nursing expenses, transportation expenses, disability compensation, living expenses for dependents, solatium for mental damages, disability equipment assistance expenses, follow-up expenses, secondary surgery expenses, and property losses.

Depending on the specific injury, it is necessary to determine which expenses are included.

After the traffic accident, the work-related injury wages in the factory are paid normally, does the insurance company still need to pay a claim, and the insurance company still needs to pay a claim. OK. In the event of a traffic accident, the traffic police first need to go out to the scene to make a judgment on the macro accident identification letter and divide the responsibility for the excavation.

Compensation for traffic accident damages includes 13 items: medical expenses, nutrition expenses, hospital meal subsidies, lost work expenses, nursing expenses, transportation expenses, disability compensation, living expenses for dependents, solatium for mental damages, disability equipment assistance expenses, follow-up expenses, secondary surgery expenses, and property losses. It is necessary to determine which expenses are included in the lead according to the specific injury.

If the other party has taken out compulsory traffic insurance and commercial Sanshou Qin waiter insurance under the premise of the first round of compulsory traffic insurance, the scope of compulsory traffic insurance includes 18,000 medical expenses, 180,000 yuan of disability compensation, and 2,000 yuan of property damage, and the excess part of the dispute shall be compensated by the commercial third-party liability insurance according to the proportion of liability.

A traffic accident on the way to and from work 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 the person who is not fully responsible or not the main responsibility;

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

What are the workers' compensation standards.

1. Pay % or 30% of the average monthly salary of employees in the overall planning area in the previous year as living care expenses according to the self-care disability;

2. The funeral subsidy is 6 months of the average monthly salary of employees in the overall area in the previous year;

3. The standard of one-time work-related death subsidy is 20 times of the per capita disposable income of urban residents in the previous year.

Legal basisArticle 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 due to the performance of work duties during working hours and in a boring workplace;

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.

If you are injured on the way to and from work, you must meet these three points to be recognized as a work-related injury:

First, Gao Fanshi is on his way to and from work;

second, they are injured by traffic accidents or accidents involving urban rail transit, passenger ferries, or trains;

Third, it is the person who bears non-primary responsibility.

1. Is a fracture at a construction site considered a work-related injury?

According to the Regulations on Work-related Injury Insurance, it is possible to identify injuries caused by traffic accidents or urban rail transit, passenger ferries, or train accidents that are not the main responsibility of the person on the way to and from work, but not all accidents that occur on snowy roads are considered work-related injuries. The following conditions should be met for work-related injuries:

1) Injured in an accident 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) 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 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 as a result of performing the duties of the sedan car;

4) Suffering from occupational diseases;

5) Injured or unaccounted for in an accident while away for work;

6) Being injured in a motor vehicle accident while commuting to or from work;

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

Legal analysis: If an employee is not primarily responsible for a traffic accident, then the employee is injured and the company should bear the corresponding work-related injury compensation, but if the employee is the main responsibility, the company has nothing to do with the company.

Legal basis: Road Traffic Safety Law Article 73 The traffic management department of the public security organ shall, on the basis of the inquest, inspection and investigation of the traffic accident scene and the relevant inspection and appraisal conclusions, make a traffic accident identification document in a timely manner, and make a posture file as evidence for the traffic accident to be handled by Changchang.