Is it considered a work related injury if you go missing while you are at work because of work .

Injuries sustained while working in a factory for personal reasons are not considered work-related injuries.

The so-called work-related injury refers to the injury of adverse factors and occupational disease injuries suffered by workers when they are engaged in occupational activities or activities related to occupational activities. Articles 14 and 15 of the Regulations on Work-related Injury Insurance clearly stipulate the conditions for the recognition of work-related injuries, and injuries caused by personal reasons cannot be recognized as work-related injuries or treated as work-related injuries.

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.

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.

According to the Regulations on Work-related Injury Insurance and the Measures for the Determination of Work-related Injuries, if a person is injured due to work-related reasons or whose whereabouts are unknown in an accident while he is away from work, it may be recognized as a work-related injury.

Therefore, if a person goes missing during work due to work-related reasons, it can be found to be a work-related injury.

If it meets the requirements of the Regulations on Work-related Injury Insurance: (1) during working hours and at work, death from sudden illness or death within 48 hours after rescue failed; It can be recognized as a work-related injury.

Missing at work can be recognized as a work-related injury. The law stipulates that during the period of going out for work, if the original flushing cavity is injured due to work or the whereabouts of the accident are unknown, it is a work-related injury. If the whereabouts are unknown, they are missing, so the employer needs to apply for a work-related injury determination for the employee in accordance with the law.

[Legal basis].Article 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 for work-related reasons;

2) Being injured in an accident while engaging in preparatory or finishing work related to work-travel 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.

Legal Analysis: Missing due to work can be recognized as a work-related injury. According to the law, if a person is injured due to work-related reasons or whose whereabouts are unknown in an accident while he is away for work, it is a work-related injury.

If the whereabouts are unknown, they are missing, so the Jiaodonghui unit needs to apply for work-related injury recognition for the employee in accordance with the law. Legal basis: Article 14 of the Regulations of the People's Republic of China on Work-related Injury Insurance 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 working hours and in the workplace due to the performance of work duties; 4) Suffering from occupational diseases; (5) During the period when they are away for work, they are injured or their whereabouts are unknown in an accident due to work reasons; 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 an employee goes missing during the period of absence due to work, the employer shall promptly report to the police, apply for a work-related injury determination in accordance with the law, and pay wages within 3 months from the month of the accident, and stop paying wages from the 4th month, and his close relatives can receive a monthly pension provided by the work-related injury insurance** according to the law. If an employee dies, it shall be handled in accordance with the provisions on the death of the employee due to work. When the missing person reappears, the work-related injury benefits already received shall be returned.

1. Is there a pension for people who die?

It is only paid in the month of death, and it will be stopped the following month. After the death of retired workers, as a citizen to enjoy the civil rights with the extinction, according to the provinces and cities of employees due to illness or non-work-related death treatment provisions, pension payment to the month of death, the surviving family members can receive funeral expenses and pensions, but the current retired employee death treatment is not unified in the country, pension insurance has been provincial-level co-ordination, by the pension insurance in accordance with the provisions of the province, municipality directly under the Central Government, autonomous region payment.

2. How to compensate for work-related injuries.

If you are injured at work and are recognized as a work-related injury, you should first determine the level of disability, then calculate the amount of compensation according to the level of disability, and then negotiate with the employer on the issue of compensation.

Depending on whether the employer has paid work-related injury insurance, the injured employee can obtain the following compensation:

1. If the employer has paid work-related injury insurance for the injured employee in accordance with the law, the employer shall pay the salary of the injured employee during the period of suspension of work, the monthly disability allowance received by the disabled employee if it constitutes disability, and the one-time disability employment subsidy when the employee leaves the company.

2. If the employer fails to pay the work-related injury insurance premiums for the injured employee in accordance with the law, the employer shall also bear all the compensation items that the work-related injury insurance should pay to the injured employee;

That is, work-related injury medical expenses and ** expenses, inpatient information and travel meal subsidies, transportation and accommodation expenses for medical treatment outside the co-ordination area, inpatient meal subsidies, disability assistance equipment expenses, living care expenses, one-time disability subsidies or disability allowances and one-time medical subsidies.

3. If the employer fails to declare the work-related injury to the employee within one month from the date of the occurrence of the work-related accident, the work-related injury benefits and other related expenses incurred during this period in accordance with the work-related injury insurance regulations shall still be borne by the employer.

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) 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. Slippery orange pins.

Legal analysis: If an employee has an accident or is missing during the rescue and disaster relief due to work, the salary shall be paid within 3 months from the month of the accident, and the salary shall be stopped from the 4th month, and the work-related injury insurance** shall pay the dependent relatives a monthly bereavement payment. If you have difficulties in living, you can advance 50% of the one-time work-related death allowance.

Where an employee is declared dead by a people's court, it is to be handled in accordance with the provisions on the employee's death due to work. When the missing person reappears and the court revokes the conclusion of death, the work-related injury benefits already received shall be returned.

Legal basis: Regulations on Work-related Injury Insurance Article 14 An employee who has any of the following circumstances 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) 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 shall be recognized as work-related injuries as provided by laws and administrative regulations.