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Except for medical expenses, others are OK.
Article 8 of the Provisions of the Supreme People's Court on Several Issues Concerning the Trial of Administrative Cases of Work-related Injury Insurance: Where an employee is injured due to a third party, and the social insurance administrative department makes a decision not to accept an application for recognition of work-related injury or not to recognize a work-related injury on the grounds that the employee or his close relatives have already filed a civil lawsuit against the third party or obtained civil compensation, the people's court will not support it. Where an employee is injured due to a third party, and the social insurance administrative department has already made a determination of work-related injury, and the employee or his close relatives have not filed a civil lawsuit against the third party or have not yet received civil compensation, and the lawsuit is filed to demand that the social insurance agency pay work-related injury insurance benefits, the people's court shall support it. Where an employee suffers a work-related injury due to a third party, and the social insurance agency refuses to pay work-related injury insurance benefits on the grounds that the employee or his close relatives have already filed a civil lawsuit against the third party, the people's court will not support it, except for the medical expenses already paid by the third party.
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Of course, it's not a double payout. Obviously, work-related injury insurance is a kind of identity insurance paid by several employers or individuals. The private compensation for transportation is just a transaction, or an agreement, between the two of you or between the individual and the unit.
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It is not a double payout. Because the legal basis for their compensation is different, the legal relationship is different, and the laws and regulations on which they are based are also different.
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This is not a double tier of compensation.
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Workplace injuries and insurance can be paid at the same time after a car accident. Injured employees can still receive accident insurance claims after receiving workers' compensation, and in practice, the labor bureau generally believes that medical expenses cannot be compensated twice, and other expenses should be compensated twice.
The Reply of the Supreme People's Court on the Question of Whether Employees or Their Relatives Can Obtain Work-related Injury Insurance Compensation After Receiving Civil Compensation for Work-related Injuries Caused by a Third Party stipulates that when a work-related injury and a traffic accident are competing, the injured person can enjoy both work-related injury benefits and claim compensation from the driver who caused the accident, that is, obtain double compensation. However, in many areas, there is no priority for compensation for work-related injuries and traffic accidents, and only medical expenses cannot be paid twice.
If an employee is injured in an accident due to the liability of a third party other than the employer, and has received corresponding compensation in accordance with the relevant provisions on the handling of accident injuries, and at the same time meets the requirements for the determination of work-related injuries or deemed work-related injuries, and the work-related injuries are determined by the labor and social security administrative department, the work-related injury benefits shall be handled separately according to the treatment items and payment channels, and the principles are:
1) If it is an expense item such as medical expenses, ** fees, and replacement fees for the configuration of assistive devices, it can only be paid according to the actual amount incurred, and if the corresponding compensation has been obtained in accordance with the relevant accident injury treatment regulations, it cannot be paid repeatedly; If the amount of compensation is lower than the standard level stipulated by the work-related injury insurance, if the insured employee is an insured employee, the difference shall be made up by the work-related injury insurance** to the specified standard;
2) If it belongs to the items of hospital meal subsidy, medical transportation and accommodation expenses, wages and nursing expenses during the period of suspension of work, and has been compensated in accordance with the relevant accident injury treatment regulations, it cannot be paid repeatedly; If the amount of compensation is lower than the standard level stipulated by the work-related injury insurance, the employer shall make up the difference to the prescribed standard;
3) If it is a compensatory treatment item, as long as the work-related injury insurance laws and regulations do not make competing provisions on the compensation treatment items, the corresponding treatment items shall be compensated according to the law.
Extended Materials. Is work-related injury insurance valid for changing employers?
Work-related injury insurance does not have a personal account, and the insurance will be automatically terminated after resignation, or you can directly request the original company to handle the transfer of social security, or stop paying social insurance.
According to the Regulations on Work-related Injury Insurance, after the establishment of the employer is approved, the employer shall go to the social insurance agency to go through the procedures for the employee to participate in the work-related injury insurance.
According to Article 58 of the Social Insurance Law, "an employer shall, within 30 days from the date of employment, apply to the social insurance agency for social insurance registration for its employees. If the employee fails to register for social insurance, the social insurance agency shall verify the social insurance premiums to be paid", which states that the work-related injury insurance relationship shall take effect from the date on which the employer fills in the payment declaration form and is approved by the social insurance agency.
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Insurance and work-related injuries can be compensated twice. Personal accident insurance and supplementary accident insurance are commercial insurance, which are different from work-related injury insurance and can coexist at the same time. In the event of a work-related injury, the worker can be compensated by commercial insurance on the one hand, and can also enjoy work-related injury insurance benefits.
Employees can still claim compensation from work-related injury insurance after receiving compensation from personal accident insurance. The employer cannot defend on the ground that the employee has already received compensation for personal accident injury, and the employee can receive both types of compensation.
Where medical establishments and assistive device dispensing institutions do not provide services in accordance with the service agreement, the handling agency may terminate the service agreement. If the handling agency fails to settle the expenses on time and in full, the social insurance administrative department shall order it to make corrections; Medical institutions and assistive device dispensing institutions may terminate the service agreement. Where an employer, an injured employee or his close relatives fraudulently obtains work-related injury insurance benefits, or a medical institution or an assistive device allocation institution fraudulently obtains work-related injury insurance expenditures, the social insurance administrative department shall order it to be refunded and impose a fine of not less than 2 times but not more than 5 times the amount fraudulently obtained; where the circumstances are serious and constitute a crime, criminal responsibility is pursued in accordance with law.
[Legal basis].: Article 12 of the "Regulations on Work-related Injury Insurance" of Youma Sixth Omit Notice.
If an employer is required to participate in work-related injury insurance in accordance with the provisions of these Regulations but fails to do so, the social insurance administrative department shall order it to participate within a time limit, pay back the work-related injury insurance premiums that should be paid, and impose a late fee of 5/10,000 per day from the date of non-payment; If the payment is still not made within the time limit, a fine of not less than 1 time but not more than 3 times the amount of the outstanding payment shall be imposed. If an employee of an employer who is required to participate in work-related injury insurance in accordance with the provisions of these Regulations but does not participate in work-related injury insurance suffers a work-related injury, the employer shall pay the expenses in accordance with the work-related injury insurance benefits and standards stipulated in these Regulations. After the employer participates in the work-related injury insurance and pays the work-related injury insurance premiums and late fees that should be paid, the work-related injury insurance** and the employer shall pay the newly incurred expenses in accordance with the provisions of these Regulations.
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This question is a bit complicated. I'm afraid that I can't understand it if I don't have any relevant knowledge, so I can only try.
If it can be recognized as a work-related injury in a traffic accident, double compensation can be obtained. However, the main purpose of this double compensation is not to allow the injured to receive two compensations, but to intervene in traffic accident compensation and work-related injury compensation at the same time to protect the interests of the injured. The order is compensation for the aftermath of the accident first, followed by compensation for workers' injuries.
The above statement is relatively easy to deal with for accidents for which the other party is fully responsible, and the other party has paid all the losses in the compensation for the aftermath of the accident, and the work-related injury does not need to be intervened.
Unless it is a disabling accident, then the work-related injury insurance does need to pay another one, and the double compensation at this time is the real sense of the two compensation.
Complicating matters is the fact that the injured themselves are also responsible. In this case, the other party will not compensate in full, and a part of the loss will inevitably be borne by the injured person. In this case, work-related injury insurance will intervene, because according to the work-related injury regulations, all losses of the injured person are covered by the insurance.
Now that the accident aftermath claim has not been fully claimed, then the work-related injury insurance will have to supplement the compensation.
This is the concept of "double pays".
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No. Traffic accidents are not considered work-related injuries. Because the party responsible for the accident is compensated for the traffic accident, the work-related injury insurance does not recognize it as a work-related injury and does not compensate for it.
If the perpetrator dies in a traffic accident on the way to and from work and the perpetrator escapes, and the perpetrator cannot be found temporarily, the work-related injury insurance shall compensate according to the work-related death, and when the traffic accident case is solved and the perpetrator is found, the work-related injury insurance company recovers from the perpetrator.
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If it is a traffic accident and meets the conditions for work-related injuries, double compensation can be realized. First of all, according to the determination of traffic accident liability, the person responsible for the accident or his insurance company will compensate. The second is a one-time disability subsidy compensated by the enterprise or unit according to the disability level of the work-related injury.
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Traffic compensation and work-related injury compensation can be claimed at the same time, according to the "Regulations on Work-related Injury Insurance", the employee is injured in an accident during working hours and in the workplace due to work-related reasons; During the period of going out for work, the person is injured due to work reasons or the whereabouts of the accident are unknown; Injuries caused in motor vehicle accidents while commuting to and from work are considered work-related injuries.
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Double compensation is feasible, but each has its own weight, and insurance is biased towards property damage and medical expenses! And the work-related injury focuses on the work aspect and the nutrition expense!
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This is possible, but it depends on the way the traffic accident is handled, as well as the specific agreement with the manufacturer and the relevant provisions of the contract.
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Work-related injuries are compensated by workers' compensation insurance. It is also possible to obtain some compensation from the responsible party.
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In fact, when it comes to compensation, these two are counted together, don't worry.
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Disability compensation can be double-paid.
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Legal Analysis: No, you can only claim work-related injury insurance benefits in accordance with the provisions of the work-related injury insurance regulations.
Legal basis: Regulations on Work-related Injury Insurance
Article 21 Where an employee suffers a work-related injury and has a disability that affects his or her ability to work after the injury is relatively stable, an appraisal of his or her ability to work shall be conducted.
Article 23 The employer, the injured employee or his close relatives shall submit an application to the appraisal committee of the Labor Ability Bureau of the city divided into districts, and provide the relevant information on the determination of the work-related injury and the medical treatment of the work-related injury.
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Legal analysis: In the case of work-related injuries caused by traffic accidents, when the compensation for work-related injuries and other personal injuries overlaps, in addition to the direct economic losses, other compensation items can generally be compensated twice.
Legal basis: Provisions of the Supreme People's Court on Several Issues Concerning the Trial of Administrative Cases of Work-related Injury Insurance Article 8 An employee is injured by a third party; Where the social insurance administrative department makes a decision not to accept an application for a determination of work-related injury or not to recognize a work-related injury on the grounds that an employee or his close relatives have already filed a civil lawsuit against a third party or obtained civil compensation, the people's court will not support it. Where an employee is injured due to a third party, and the social insurance administrative department has already made a determination of work-related injury, and the employee or his close relatives have not filed a civil lawsuit against the third party or have not yet received civil compensation, and sue the social insurance agency to pay work-related injury insurance benefits, the people's court shall support it.
Where an employee suffers a work-related injury due to a third party, and the social insurance agency refuses to pay work-related injury insurance benefits on the grounds that the employee or his close relatives have already filed a civil lawsuit against the third party, the people's court will not support it, except for the medical expenses already paid by the third party.
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Legal analysis: In the case of work-related injuries caused by traffic accidents, when the compensation for work-related injuries and other personal injuries overlaps, in addition to the direct economic losses, other compensation items can generally be compensated twice.
Legal basis: Provisions of the Supreme People's Court on Several Issues Concerning the Trial of Administrative Cases of Work-related Injury Insurance Article 8 An employee is injured by a third party; Where the social insurance administrative department makes a decision not to accept an application for a determination of work-related injury or not to recognize a work-related injury on the grounds that an employee or his close relatives have already filed a civil lawsuit against a third party or obtained civil compensation, the people's court will not support it. Where an employee is injured due to a third party, and the social insurance administrative department has already made a determination of work-related injury, and the employee or his close relatives have not filed a civil lawsuit against the third party or have not yet received civil compensation, and sue the social insurance agency to pay work-related injury insurance benefits, the people's court shall support it.
Where an employee suffers a work-related injury due to a third party's cause, and the social insurance agency refuses to pay work-related injury insurance benefits on the grounds that the employee or his close relatives have already filed a civil lawsuit against the third party, the people's court will not support it, except for the medical expenses already paid by the third party.
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