If you die in a car accident on the way to work, can it be considered a work injury?

It shall be determined according to the traffic accident liability certificate. If the employee is not primarily responsible, it shall be regarded as a work-related injury. If the employee is primarily or wholly responsible, it shall not be 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 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.

1. According to the regulations, traffic accidents that are not the main responsibility of the person on the way to and from work are counted as work-related injuries;

2. If you do not have a labor contract or other evidence to prove the existence of an employment relationship, and cannot apply for a work-related injury determination, you can first apply for labor arbitration to confirm the existence of an employment relationship between you and the employer. After the existence of an employment relationship is confirmed by labor arbitration, an application for work-related injury determination is made.

Legal Analysis: Yes, there is compensation. 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: (6) On the way to and from work, he or she 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. (Excerpt).

Article 39 If an employee dies on the job, his close relatives shall receive a funeral subsidy, a pension for dependent relatives and a one-time work-related death subsidy from the work-related injury insurance** in accordance with the following provisions:

Legal basis: Social Insurance Law of the People's Republic of China

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 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 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.

Article 41 Where an employee's employer fails to pay work-related injury insurance premiums in accordance with law, and a work-related injury accident occurs, the employer shall pay work-related injury insurance benefits. If the employer does not pay, it shall be paid in advance from the work-related injury insurance**.

The work-related injury insurance benefits paid in advance from the work-related injury insurance** shall be reimbursed by the employer. If the employer fails to repay, the social insurance agency may recover compensation in accordance with the provisions of Article 63 of this Law.

On the way to work, if a person dies in a traffic accident that is not the person's primary responsibility, it shall be found to be a work-related injury. According to the law, a person who is injured in a traffic accident or urban rail transit, passenger ferry, train accident, etc., for which he or she is not primarily responsible while commuting to and from work, is a work-related injury.

What are the working steps for dealing with traffic accidents?

1. Accept and report the case. After receiving the report of the party or other persons, the public security traffic management department shall file the case in accordance with the scope of jurisdiction;

2. On-site processing. After accepting the case, the public security traffic management department immediately dispatched personnel to the scene to rescue the injured and property, investigate the scene, and collect evidence;

3. Determination of responsibility. On the basis of ascertaining the facts of the traffic accident, the public security traffic management department shall make a determination of the traffic accident responsibility of the parties according to the causal relationship between the violation of the accident and the traffic accident, and the size of the role;

4. Adjudication and punishment. The public security traffic management department shall, in accordance with the relevant regulations, give warnings, fines, suspensions, revocation of driver's licenses or detention to the person responsible for the accident;

5. Mediation of damages. For the compensation for personal injuries, deaths and economic losses caused by traffic accidents, in accordance with the relevant provisions and compensation standards, according to the corresponding compensation ratio of the accident responsibility, the public security traffic management department shall convene the parties to mediate. The two parties agree to reach an agreement that the accident mediator will prepare and issue a compensation mediation letter;

6. Filing a lawsuit with the court. If the mediation between the two parties fails within the statutory time limit, the public security traffic management department shall terminate the mediation and issue a letter of mediation conclusion, and the parties shall file a civil lawsuit with the court.

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) 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.

According to Article 14 of the Regulations on Work-related Injury Insurance, the following circumstances shall be recognized as work-related injuries by employees:

1. On the way to and from work, you are injured in a traffic accident for which you are not primarily responsible.

Special attention should be paid to the following four necessary elements should be considered when determining whether an employee's road traffic accident is a work-related injury:

1) The prescribed time for commuting to and from work;

2) Necessary routes to and from work;

3) No personal responsibility or non-personal responsibility;

4) Motor vehicle accidents.

2. Injured in a traffic accident during working hours due to work-related reasons.

Employees who are injured in traffic accidents during working hours include injuries to both employees who are drivers of motor vehicles and employees who are not drivers.

1. Standards for the determination of work-related injuries.

According to Article 14 of the Regulations on Work-related Injury Insurance, there are seven statutory circumstances that should be recognized as work-related injuries:

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.

According to Article 15 of the Regulations on Work-related Injury Insurance, there are three types of circumstances that are deemed to be work-related injuries:

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 was originally serving in the army, but was disabled due to war or duty injuries, and has obtained a disabled military certificate, and is injured after arriving at the employer.

From this point of view, whether a traffic accident that occurs on the way to work is considered a work-related injury requires other more detailed information to be analyzed. If it is not related to the work-related injury, then the perpetrator can only be liable for compensation after the liability certificate for the traffic accident is issued. If it is a work-related injury, a traffic accident and a work-related injury are competing, some compensation can be claimed in double compensation.

Hello, according to the law, on the way to and from work, if you are injured in a traffic accident or an accident in urban rail transit, passenger ferry, or train that is not your primary responsibility, it shall be recognized as a work-related injury.

Article 14 of the Regulations on Work-related Injury Insurance in 2011 shall be deemed to be a work-related injury if an employee 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 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.

Not necessarily. There are two conditions that must be met for a work-related injury to be counted as a work-related injury on the way to and from work: first, it is a traffic accident, and the party concerned in the accident is less than the primary responsibility, that is to say, the liability is determined to be equal responsibility, secondary responsibility or no responsibility; Second, it must be on a reasonable route to and from work.

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 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. 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 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 that is not the person's primary responsibility while commuting to or from work;

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

The Opinions of the Ministry of Human Resources and Social Security on Several Issues Concerning the Implementation of the Regulations on Work-related Injury Insurance (II) (No. 29 of 2016 issued by the Ministry of Human Resources and Social Security) stipulates that a reasonable route between the employee's work unit and his or her place of residence within a reasonable time for the purpose of commuting to and from work shall be deemed to be on the way to and from work.

Where an employee dies in a taxi accident or is not primarily responsible, it may be found to be a work-related injury. The death of a taxi to work accident is a road traffic accident caused by a motor vehicle within the prescribed time and reasonable route for commuting to and from work, and shall be found to be a work-related injury.

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) 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.

Yes, work-related injuries. Article 14 In any of the following circumstances, an employee shall be deemed to have suffered a work-related injury: (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) 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.

According to Article 39 of the Regulations on Work-related Injury Insurance, if an employee dies on the job, his close relatives shall receive a funeral subsidy, a pension for dependent relatives and a one-time work-related death subsidy from the work-related injury insurance** in accordance with the following provisions: (1) The funeral subsidy shall be 6 months of the average monthly salary of the employee in the overall area in the previous year (2) The pension for dependent relatives shall be paid to the relatives who provided the main living allowance and were unable to work according to a certain proportion of the employee's own salary. The criteria are:

40 per cent per month for spouses, 30 per cent per month for other relatives, and 10 per cent per month for each elderly or orphan who is alone or orphaned. The sum of the approved pensions for dependent relatives shall not be higher than the wages of the employee who died in the course of work. The specific scope of supporting relatives shall be stipulated by the social insurance administrative department: (3) The standard of one-time work-related death subsidy shall be 20 times the per capita disposable income of urban residents in the previous year.