If an employee is injured in violation of traffic rules during working hours or on the working route

Hello, if a worker is injured in a motor vehicle traffic accident for which he or she is not primarily responsible while commuting to and from work, it constitutes a work-related injury.

The situation you describe should be determined according to the traffic police's decision on the handling of the traffic accident.

If the worker is not primarily responsible, it constitutes a work-related injury.

The specific law stipulates the Regulations on Work-related Injury Insurance

It is a work-related injury. Refer to the Regulations on Work-related Injury Insurance.

Chapter III: Determination of Work-related Injuries.

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;

Personally, I think that if you are a driver, even if you are injured in violation of traffic rules, it is a work-related injury.

Whether or not there is a police report depends on whether he is primarily responsible, and if he is primarily responsible, he is not entitled to work-related injury benefits.

As long as he is not primarily and fully responsible for the accident, it is a work-related injury according to the law. For details, please refer to the Regulations on Work-related Injury Insurance

First of all, we must look at the time of the incident, if it is part of the responsibility before January 1, 2011, if it is a traffic accident after January 1, 2011, the responsibility will be divided, and it will definitely not work without a driver's license.

For details, please refer to the Regulations on Work-related Injury Insurance, which have a detailed explanation.

1. Is it also a work-related injury to be injured on the way to work in violation of traffic rules?

1. Whether the injury on the way to work in violation of traffic rules is a work-related injury depends on the specific situation

1) If you are injured on the way to work in violation of traffic rules, and you are not primarily responsible, it shall be recognized as a work-related injury;

2) However, if it is the main responsibility of the person, violates the law or committed a crime, is drunk or takes drugs, self-harm or suicide, it shall not be recognized as a work-related injury.

2. Legal basis: Article 15 of the Regulations on Work-related Injury Insurance.

If an employee has any of the following circumstances, it shall be regarded as a work-related injury:

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 activities such as emergency rescue and disaster relief to preserve the national interest or the public interest;

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.

2. What are the types of work-related injuries?

1. Classification according to the degree of injury. It is generally divided into minor injuries and major injuries. It can also be classified as moderate injury, non-life-threatening serious injury, life-threatening serious injury, critical, alive and unknown.

2. Classification according to the causative factors. mechanical injuries such as cuts and puncture wounds caused by sharp objects, contusions caused by blunt objects, crush injuries caused by building collapses, fractures caused by falls from heights; physical injuries such as burns, burns, frostbite, electrical damage, ionizing radiation damage; Burns caused by chemical injuries such as strong acids, alkalis, phosphorus and hydrofluoric acid.

3. Classification according to the injured part. It can be divided into head injuries, facial injuries, chest injuries, abdominal injuries, and limb injuries.

4. According to whether there is a wound on the mucosal surface, it is divided into open injury and closed injury.

5. According to the number of injured tissues and organs, it can be divided into single injury and multiple injury.

Legal analysis: If you are injured on the way to work in violation of traffic rules, and you are not primarily responsible, it shall be recognized as a work-related injury. However, situations that are the primary responsibility of the person, violations of the law or crimes, drunkenness, alcohol or drug abuse, self-harm, or suicide must not be found to be work-related injuries.

The employer shall apply for a work-related injury determination within 30 days from the date of occurrence of the accident injury or the date of diagnosis or appraisal of the missing socks.

Legal basis: "Regulations of the People's Republic of China 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) Suffering violence or other accidental injuries during working hours and in the workplace as a result of performing work duties; (4) Suffering from an occupational disease; (5) During the period when they are away for work, they are injured or their whereabouts are unknown in an accident due to the reasons of their work; (6) Being injured in a traffic accident or an urban rail transit, passenger ferry, or train accident for which they are not primarily responsible while commuting to or from work; (7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.

If an employee is injured in an accident caused by violating traffic rules on the way off work, whether it is a work-related injury, it is also necessary to see how much responsibility is borne according to the responsibility determination letter issued by the traffic police.

Article 14 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) Being injured in a traffic accident or an urban rail transit, passenger ferry, or train accident for which they are not primarily responsible while commuting to or from work;

1) (2) (3) (4) (5) (6) On the way to and from work, he was injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train for which he or she was not primarily responsible; (7) Omitted. According to this provision, whether it is considered a work-related injury depends on whether the employee should bear primary or full responsibility in the traffic accident, or whether he or she is "equally liable" or "secondarily liable". If it is determined that it bears "equal responsibility" or "secondary liability", then it can be determined as a "work-related injury".

If it is determined whether the main responsibility or the full responsibility should be borne", then it cannot be recognized as a "work-related injury". There should be a legal basis for answering questions, and it is responsible for others not to talk about it.