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My husband drives at the construction site and takes a shower at the construction site during the off-duty time, so since it is off-duty time, although it is really at the construction site, it cannot be counted as a work-related injury, and of course the company also has to pay a certain amount of compensation.
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Hello, under normal circumstances, in the unit or on the way home from work, injuries should be considered work-related injuries, thank you.
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My husband was taking a shower at the construction site during his off-duty hours at the construction site and broke his foot, which should be regarded as a work injury. During work and on the way home from work. What happened.
Those who borrow money from other schools are counted as work-related injuries. Penalties are prescribed. Brother the boss of the construction site, you also know this situation.
Hurt you.
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It is not considered a work-related injury, and a slip and fall in the shower is not considered a work-related injury. However, if it can be proved that the floor is too slippery and the fall is made, you can report the injury allowance to the employer.
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Your husband scratched and fell on his foot while taking a shower during the off-duty hours, which should not be counted as a work injury. Because it was off-duty time, and it wasn't injured because of work.
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Since you were scratched by taking a shower during off-duty hours, it has a good relationship with work, so even though it is working hours, it cannot be counted as a work injury.
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Of course, if it is considered a work-related injury, you can first communicate with the relevant departments of the unit, and then ask the labor and social security department for an explanation.
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The scope of work-related injuries, including the necessary commute to and from work. Your husband has already left work, and it's not commuting time. It cannot be included in the scope of work-related injuries.
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If you have an accident on the way to and from work, it is also considered a work-related injury, but it is not considered a work-related injury after taking a break.
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The situation you mentioned is not recognized as a work injury at the construction site, and the reason is that you are free to arrange your time after work.
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This is definitely also a work-related injury. The relevant leaders will also give you the fairest and most just compensation.
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Injured while driving off work on the construction site and taking a shower at the construction site. It is also a work-related injury. Because it is in the factory during the work period.
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Is your husband driving at the construction site taking a shower at the construction site after work, slipping and falling and injuring his foot? Your situation should be a work-related injury, your husband is injured and goes to the hospital first, and then goes to the unit for reimbursement.
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Slipping and falling in a shower at the construction site and injuring your foot, is this also considered a work injury? My family has a time for the identification of work-related injuries, a few hours before work and a few hours after waking up.
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According to the state's determination of work-related injuries, your husband's fall and foot injury while taking a shower at the construction site during off-duty hours is not considered a work-related injury.
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Not counted. According to the Regulations on Work-related Injury Insurance, a traffic accident or a traffic accident involving urban rail transit, passenger ferry, or train that is not the person's primary responsibility on the way to and from work may be deemed to be a work-related injury.
Whether an accident on the way home from work can be recognized as a work-related injury depends on whether three conditions are met:
1. It is on the way to and from work, although it is not required to go through the route and a reasonable time, but at least there can be no detour and go home after doing other things;
2. The person bears non-primary responsibility, that is, the injured person bears equal responsibility, secondary responsibility or no responsibility as stated in the traffic accident liability determination document;
3. Injured due to traffic accidents or accidents in urban rail transit, passenger ferries, or trains.
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On the way to and from work, a person who is injured in a traffic accident or an accident in urban rail transit, passenger ferry, or train for which he or she is not primarily responsible may be defined as a work-related injury.
If you fall on the way to work, it doesn't count, if you are touched by others and you are not primarily responsible, then you can be recognized as a work-related injury, but you need to provide a certificate of responsibility from the traffic police.
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Look how you fell.
If it is a traffic accident, as long as it is not the main responsibility, it is okay to determine the work-related injury.
If it is a unilateral accident and you fall, you will not be recognized as a work-related injury.
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It doesn't count, it
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Depending on the situation, if it is injured on the route necessary to commute to and from work, it can be counted as non-personal responsibility.
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Work-related injuries are considered work-related injuries during working hours, such as 8 a.m. to 5 p.m.
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Legal analysis: If bathing is a necessary procedure after the end of work, such as coal mining, smelting or heavy dusty work, bathing is the finishing work, and taking a bath after work can be recognized as a work-related injury. If it is not the above-mentioned situation, or the bathing is just the use of the living facilities provided by the unit, it is a personal choice and personal reason, and the work-related injury cannot be determined.
Legal basis: Regulations on Work-related Injury Insurance Article 14 An employee who is injured in an accident while engaged in work-related preparatory or finishing work in the workplace before or after working hours shall be deemed to be a work-related injury. Engaging in work is a complete process, and employees make corresponding preparations for carrying out their work or complete the corresponding closing work after the end of the work, and the compulsion is an integral part of the work process, and if the employee is injured by an accident during this period, it should also be recognized as a work-related injury.
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A fall on the way to work is not considered a work-related injury. The circumstances that can be recognized as work-related injuries are:
1.Injured in an accident during working hours and in the workplace due to work-related reasons;
2.Injured in an accident while engaged 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, etc.
1. How to determine work-related injuries caused by car accidents.
If a car accident occurs on the way to and from work and is not the main responsibility of the person, it can be recognized as a work-related injury. According to the relevant laws and regulations, if an employee has any of the following circumstances, it shall be recognized as a work-related injury: 1
Injured in an accident during working hours and in the workplace due to work-related reasons; 2.Injured in an accident while engaged 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 of going out for work, the person is injured due to work reasons or the whereabouts of the accident are unknown; 6.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 while commuting to or from work; 7.
Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.
2. What circumstances can be recognized as work-related injuries?
The following cases are recognized as work-related injuries:
1.Injured in an accident during working hours and in the workplace due to work-related reasons;
2.Injured in an accident while engaged in work-related preparatory or finishing work in the workplace before or after working hours;
3.Accidental injuries such as violence during working hours and in the workplace due to the performance of work duties, etc.
Article 14 of the Regulations on Work-related Injury Insurance stipulates that an employee shall be deemed to have suffered a work-related injury if he or she falls 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, etc.
3. Injuries encountered during the probationary period are not considered work-related injuries.
During the probationary period, if a worker suffers an injury that falls under one of the following circumstances, it shall be deemed to be a work-related injury: he or she is injured in an accident during working hours and in the workplace due to work-related reasons; Injured by violence or other accidents during working hours and in the workplace due to the performance of work duties; Injured in an accident while engaged in work-related preparatory or finishing work in the workplace before or after working hours; Other.
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, etc.
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Hello dear! A fall on a construction site after commuting to work is considered a work-related injury. According to the sixth paragraph of Article 14 of the Regulations on Work-related Injury Insurance, a person who is injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train while commuting to or from work may be deemed to be a work-related injury.
It is also said that the three conditions under the group need to be met at the same time to be considered a work-related injury: 1It is necessary to "commute to work" at a reasonable time and on a reasonable route.
2.The injury is caused by "traffic accidents or accidents in urban rail transit, passenger ferries, or trains". 3.
The accident must be "not the primary responsibility of the person". In general, injuries sustained on the way to and from work must meet the above three conditions before they can be recognized as work-related injuries. Of course, in fact, the circumstances of the accident are very complex, and whether the determination of work-related injury can be made depends on the specific circumstances.
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The answer to your question is as follows:
My answer to the question of whether a fall on the way to work is considered a work injury.
The Regulations on Work-related Injury Insurance have been newly amended
Chapter III: Determination of Work-related Injuries.
Article 14 In any of the following circumstances, an employee shall be deemed to have suffered a work-related injury:
6) Injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train for which they are not primarily responsible;
The judicial interpretation of the Supreme People's Court clarifies four types of work-related injuries on the way to and from work.
The Supreme People's Court issued a judicial interpretation on the 20th, clarifying four situations in which employees are injured while commuting to and from work. According to the regulations, if an employee commutes to and from work on a reasonable route between the place of work and the place of residence of his or her spouse, parents and children within a reasonable time, it can also be recognized as a work-related injury.
On the 20th, the Supreme People's Court notified the relevant situation of the "Provisions of the Supreme People's Court on Several Issues Concerning the Trial of Administrative Cases of Work-related Injury Insurance" (hereinafter referred to as the "Provisions"), and announced four typical cases of administrative disputes over work-related injury insurance.
In recent years, work-related injury compensation has been a key area of disputes between labor and management, and the current extensive use of labor dispatch employment methods has "complicated" the originally simple labor-management relationship, making it easier for workers to "rip off" and disputes after work-related injuries. Therefore, it is particularly important for workers to clarify who should pay for work-related injury insurance and who should compensate for work-related injuries.
At the press conference on the 20th, Sun Jungong, spokesman of the Supreme People's Court, said that according to statistics, the number of administrative cases of work-related injury insurance in recent years ranks among the top of all kinds of administrative cases. Administrative cases of work-related injury insurance involve the vital interests of employees and directly affect social stability. New situations and new problems are constantly emerging in the course of adjudicating relevant administrative cases, and it is increasingly difficult to resolve disputes.
For example, the handling of the intersection of labor relations in the determination of work-related injuries; How to determine the "work reason, working hours and workplace", "during the period of going out for work" and "on the way to and from work" in the determination of work-related injuries; Whether the statutory time limit for employees or their close relatives to apply for work-related injury determination can be deducted or extended; How to connect the work-related injury insurance benefits and civil tort compensation for work-related injuries caused by a third party, etc. Sun Jungong said. In response to the above new problems, the "Regulations" issued on the 20th refines the "work reasons, working hours and workplaces", "during the period of going out for work" and "on the way to and from work" in the determination of work-related injuries.
For the determination of work-related injuries on the way to and from work, which has attracted widespread social attention, the "Provisions", which will be implemented on September 1 this year, clarify four types of recognition circumstances.
Article 6 of the "Provisions" stipulates that the people's court shall support the social insurance administrative department's determination that the following circumstances are "on the way to and from work":
1) Commuting to and from work by a reasonable route between work and residence, habitual residence, or unit dormitory within a reasonable time;
2) Commuting to and from work within a reasonable time by a reasonable route between the place of work and the place of residence of the spouse, parents, or children;
3) Engage in activities that are necessary for daily work and life, and commute to and from work at a reasonable time and on a reasonable route;
4) Commuting to and from work on other reasonable routes within a reasonable time.
It should be too addictive, if you take a tough attitude, you can't do it, first of all, you have to understand him, communicate with him carefully, when he comes home, you let the child talk to him, it's okay to be coquettish, you can ditch him as a father You can talk about your heart when you sleep at night, the main thing is to communicate with her more, I wish you success.
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If the injured boss does not compensate, he can apply for labor arbitration. If the labor dispute arbitration award has legal effect, and the employer fails to perform it, it shall apply to the people's court for enforcement.
Go to the law firm and ask for a satisfactory answer.
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