If a worker is seriously injured and dies on the way to work, does the company have anything to do w

According to the relevant laws and regulations, if you fall down and die of serious injuries on the way to work, it does not constitute a work-related injury, and if a traffic accident occurs for which you are not primarily responsible, it constitutes a work-related injury.

According to the provisions of Article 14, Paragraph 6 of the Regulations on Work-related Injury Insurance, only those who are injured in traffic accidents or accidents involving urban rail transit, passenger ferries or trains for which they are not primarily responsible can be recognized as work-related injuries while commuting to and from work.

Therefore, first of all, there must be a traffic accident certificate issued by the traffic management department, and secondly, it is necessary to make it clear in the certificate that it is not the main responsibility of the employee, so that it can be recognized as a work-related injury.

Falling while bypassing an obstacle on the sidewalk on the way to work is not a traffic accident, but also the full or primary responsibility of the worker, so it is not a work-related injury.

If a traffic accident occurs on the way to work, and the worker does not bear the main or full responsibility for the accident, it is a work-related injury.

Here, please pay attention to the judicial interpretation of the Provisions of the Supreme People's Court on Several Issues Concerning the Trial of Administrative Cases of Work-related Injury Insurance on "commuting to and from work": first, commuting to and from work on a reasonable route between the place of work and residence, habitual residence, or dormitory within a reasonable time; (2) commuting to and from work on a reasonable route between the place of work and the place of residence of the spouse, parents and children within a reasonable time; the third is to engage in activities that are required for daily work and life, and commute to and from work at a reasonable time and on a reasonable route; Fourth, on the way to and from work on other reasonable routes within a reasonable time.

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 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.

If the cause of death is caused by work-related reasons, go to the Social Security Bureau to handle the work-related injury identification, and after the identification, the work-related injury insurance will compensate according to the work-related death standard, and if the employer fails to pay the work-related injury insurance, the employer shall bear the relevant expenses.

If personal reasons are not related to work, the unit is not responsible and will not compensate.

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. Is the factory responsible for a car accident on the way to work?

1. If there is a car accident on the way to work, the factory is not responsible. If it is determined to be a work-related injury, it will bear part of the responsibility, and the wages during the work-related injury will be paid normally. Other compensation, such as medical expenses, is paid by work-related injury insurance, and if the company does not purchase work-related injury insurance for employees, the company will bear all the foundations.

2. 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 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.

2. How to do disability assessment after a car accident.

1. The assessee shall bring the application for disability assessment stamped with the official seal of the case-handling unit and signed by the case-handling person;

2. Bring the diagnosis certificate of the hospital at or above the county level, the examination results, and the CT, X-ray and diagnostic report at the beginning and end of the injury;

3. Borrow and copy relevant surgical records and examination records from ** hospital;

4. When assessing the working ability of the dependents, the ID card and household registration certificate of the assessor should also be brought and the explanation of the relevant departments;

5. The assessment shall be based on the injury directly caused by the accident or the determination of the complications, and if the compensation basis is not yet concluded and the mediation needs to be provided, it shall be stated in the application;

6. The assessor needs to be inspected in person and pay the prescribed assessment fee.

Legal analysis: Secondly, if the employee believes that it is a work-related injury, and the employee's employer does not submit an application for work-related injury determination, the employee shall promptly submit an application for work-related injury recognition to the labor and social security department where the employer is located, and the labor and social security department will determine whether it is a work-related injury according to the specific circumstances within 60 days from the date of receipt of the application for work-related injury determination.

Legal basis: Article 14, Paragraph 6 of the Regulations on Work-related Injury Insurance If an employee 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 employee on the way to and from work, it shall be recognized as a work-related injury, and three conditions must be met for an employee's injury to be recognized as a work-related injury

1) The injury is caused by a traffic accident or an accident involving urban rail transit, passenger ferry, or train;

2) the accident occurred on the way to and from work;

3) It is not the main responsibility of the person. Therefore, whether a work-related injury can be determined needs to be determined in accordance with the law in light of the specific circumstances of the employee.

Legal analysis: According to the law, the employer shall pay a certain proportion of the employee's own salary to the relatives who provided the main livelihood of the employee who died due to work and were unable to work. The standard of one-time work-related death allowance is 20 times the per capita disposable income of urban residents in the previous year.

Legal basis: Article 14 of the 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. During working hours and in the workplace, he or she is injured by a relative 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 out for work, they are injured due to work reasons or their whereabouts are unknown; 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 where laws and administrative regulations provide that it shall be recognized as a work-related injury.

If an employee encounters a car accident on the way to work, it can be recognized as a work-related injury, but the following conditions must be met at the same time: first, the traffic accident must occur at the specified time of commuting, second, it must occur on the necessary route to and from work, and third, it must be that the employee is not responsible or is not the main responsibility for the change; Fourth, it must be a road traffic accident caused by a motor vehicle.

Legal analysisTraffic accident work-related injuries are a special type of work-related injuries, but it does not mean that as long as an employee has a traffic accident on the way to and from work, then it will definitely be recognized as a work-related injury, and it needs to be combined with the actual situation. If it is necessary to determine that the employee is primarily or fully responsible for the accident, then it cannot be recognized as a work-related injury. You will not be able to claim compensation for work-related injuries after that.

If an employee encounters a traffic accident on the way to and from work, it can be recognized as a work-related injury, but the following conditions must be met at the same time: the traffic accident must occur at the specified time of commuting to and from work; It must have been a traffic accident on a necessary route to and from work; It must be that the person is not responsible or is not primarily responsible; Must be a road traffic accident caused by a motor vehicle. If an employee has any of the following circumstances, it shall be regarded as a work-related injury:

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. In the event of a dispute between an employee and an employer over the determination of work-related injury, the employer shall bear the burden of proof.

Legal basisArticle 15 An employee shall be deemed to have suffered a work-related injury under any of the following circumstances: (1) He or she dies of a sudden illness during working hours and at work or dies within 48 hours after rescue fails; (2) Suffering harm in emergency rescue and disaster relief or other activities to preserve the national interest or the public interest; (3) Employees who previously served in the army, were disabled due to injuries sustained in war or in the line of duty, and have obtained a certificate of disabled revolutionary servicemen, but 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.

Legal analysis: If the death occurs due to a traffic accident for which the person is not primarily responsible, it is considered a work-related injury. If an employee encounters a traffic accident on the way to and from work, it can be recognized as a work-related injury, but the following conditions must be met at the same time:

First, it must be a traffic accident that occurred at the specified time of commuting to and from work; The second way to return to the shelter must be a traffic accident on the route necessary to commute to work.

Legal basis: Article 14, Item 6 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: (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 responsible.

Analysis of the law and hunger:

If a traffic accident occurs on the way to and from work, it shall be treated as a work-related injury. It is possible to claim compensation from the perpetrator of the traffic accident and at the same time claim compensation for workers' compensation.

Legal basis: Regulations on Work-related Injury Insurance Article 14 An employee shall be deemed to have suffered a work-related injury if he or she has any of the following circumstances:

1) During working hours and in the workplace, it is clear that he is injured in an accident 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 where work is accepted for 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.