-
If you are injured in a car accident on the way to work, and you are not primarily responsible, it is considered a work-related injury.
Whether an employee's car accident half an hour after work is considered a work-related injury depends on the situation and the division of responsibilities at that time. If it is on the way to get off work, and is determined by the traffic management department of the public security organ or ruled by the people's court, the person is not primarily responsible, in accordance with the provisions of Article 14 (6) of the "Regulations on Work-related Injury Insurance", it shall be recognized as a work-related injury; If you are injured in a car accident by participating in emergency rescue and disaster relief and other ways to protect the national and public interests, it will be regarded as a work-related injury if it meets the requirements of Article 15 (2). In other circumstances, it cannot be recognized as a work-related injury or treated as a work-related injury.
"On the way to work" refers to the employee's commute to and from work on a reasonable route between the workplace and the place of residence within a reasonable time for the purpose of getting off work.
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:
6) Injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train for which they are not primarily responsible;
Article 15 An employee shall be deemed to have suffered a work-related injury under any of the following circumstances:
2) Suffering harm in emergency rescue and disaster relief or other activities to preserve national or public interests;
General Office of the Ministry of Human Resources and Social Security.
Letter on the Handling of Opinions on Relevant Provisions of Work-related Injury Insurance
Ren She Ting Han [2011] No. 339.
Regarding the understanding and application of the provisions of Article 14, Item 6 of the new "Regulations on Work-related Injury Insurance", with the consent of the Legislative Affairs Office and the Supreme People's Court, and in consultation with the Ministry of Public Security, the Ministry of Transport, and the Ministry of Railways, the following handling opinions are put forward, please follow them:
1. "Commuting to and from work" as provided in this article refers to a reasonable commuting time and a reasonable commuting time.
2. The "non-primary responsibility" accidents stipulated in this article include traffic accidents for which the person is not primarily responsible, and urban rail transit, passenger ferries and train accidents for which the person is not primarily responsible. Among them, "traffic accident" refers to the personal or property damage caused by the fault or accident of the vehicle on the road as stipulated in Article 119 of the Road Traffic Safety Law. "Vehicle" means motor vehicle and non-motor vehicle; "Road" refers to highways, urban roads, and places that allow social motor vehicles to pass although they are within the jurisdiction of the unit, including squares, public parking lots, and other places used for public traffic.
3. The determination of "non-primary responsibility" accidents shall be based on the relevant legal documents issued by the traffic management, transportation, railways and other departments of the public security organs or judicial organs, as well as organizations authorized by laws and administrative regulations.
-
According to Article 14 of the Regulations on Work-related Injury Insurance, Article 14 An employee shall be deemed to have suffered a work-related injury if he or she falls under any of the following circumstances:
6) Injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train for which they are not primarily responsible;
In summary, if you need to go home after work and you are injured in a traffic accident on the way home, it should be recognized as a work-related injury.
-
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.
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.
-
Whether a car accident within half an hour of work is considered a work-related injury depends on the specific situation:
1. If the injury is caused within half an hour of commuting to and from work, if the injury is caused by engaging in work-related preparatory or finishing work, it is a work-related injury;
2. If a worker has a traffic accident within half an hour after getting off work, if he or she is not within a reasonable time on the way to work, or is primarily responsible for the accident, it is not considered a work-related injury.
What are the conditions that need to be met to constitute a work-related injury.
1. It must be within a reasonable route to work;
2. It must be injured in a traffic accident or urban rail transit, passenger ferry, or train accident;
3. It must be the main reason for the non-employee himself.
[Laws and Regulations].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.
-
1. Is a car accident half an hour after work considered a work injury?
1. Whether a car accident within half an hour of work is considered a work-related injury depends on the specific situation
1. If the injury is caused within half an hour of commuting to and from work, if the injury is caused by engaging in work-related preparatory or finishing work, it is a work-related injury;
2) If the worker has a traffic accident within half an hour after getting off work, if he is not on the way to work or is primarily responsible for the accident, it is not considered a work-related injury.
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) Suffering violence or other accidental injuries 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.
What are the conditions that need to be met to constitute a work-related injury?
1. It must be within a reasonable route to work;
2. It must be injured in a traffic accident or urban rail transit, passenger ferry, or train accident;
3. It must be the main reason for the non-employee himself.
-
Summary. Hello, I'm glad to answer this question for you, is a car accident 2 hours after work considered a work injury Answer: <>
Hello, is a car accident 2 hours after work considered a work-related injury as follows: According to the provisions of China's labor law, work-related injury refers to an injury caused by an accident or occupational disease during work or due to work. According to the information you provided, the car accident occurred 2 hours after work, which is not considered to be during the working period, so according to the definition of the labor law, this car accident cannot be recognized as a work-related injury.
Hope it helps. <>
Is a car accident 2 hours after work considered a work injury?
Hello, I'm glad to answer this question for you, is a car accident 2 hours after the next shift considered a work injury Answer: <>
Hello, is a car accident 2 hours after work considered a work-related injury as follows: According to the provisions of China's labor law, work-related injury refers to an injury caused by an accident or occupational disease during work or due to work. According to the information you provided, the car accident occurred 2 hours after the shift of Qi Fool under the liquid, which is not within the working period, so according to the definition of the labor law, this car accident cannot be recognized as a work-related injury.
Hope it helps. <>
Further information: According to Article 12 of the Regulations of the People's Republic of China on Labor Insurance, the work-related injury shall meet three conditions: first, the time and place when the employee is engaged in the work of the employer; second, causing bodily injury, resulting in loss of working ability or death; Third, there is a causal relationship with work.
Based on this provision, we can conclude that the accident that occurred 2 hours after the late shift did not meet the conditions for the injury of the Gongzhou regiment.
-
1. Is a traffic accident within two hours after work considered a work-related injury?
1. A traffic accident within two hours after getting off work is considered a work-related injury. If you are injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train while commuting to or from work, you are injured in an accident.
1) The traffic accident must have occurred at the specified time of commuting to and from work;
2) It must be a traffic accident that occurred on the necessary route to and from work;
3) The person must not be responsible or not primarily responsible;
4) It must be a road traffic accident caused by a motor vehicle.
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. Who pays the wages for traffic accidents and work-related injuries.
According to the law, the following expenses incurred due to work-related injuries shall be paid from the work-related injury insurance** in accordance with national regulations:
1. Medical expenses and expenses for work-related injuries;
2. Hospitalization meal subsidy;
3. Transportation and accommodation expenses for medical treatment outside the overall planning area;
4. The cost of installing and configuring assistive devices for the disabled;
5. For those who are unable to take care of themselves, the living care expenses confirmed by the Labor Ability Appraisal Committee;
6. One-time disability allowance and monthly disability allowance for disabled employees of grades 1 to 4.
In this era, everyone is talking about making money, so how can you make a lot of money as an ordinary person? Share a few money-making tips today. >>>More
What is the right side hustle for office workers to do in 2021?
The state of contemporary adults after work: When they return to the rental house after work, they are eating takeout by themselves playing with their mobile phones, smelling the garlic cloves of the neighbor's stir-fried vegetables, and watching their family eat dinner. >>>More
Whether it is a work-related injury or not needs to be determined according to the division of responsibility on the "Traffic Accident Identification Certificate" issued by the traffic management department. As long as you are not responsible, secondarily responsible, or equally responsible, it is possible to be recognized as a work-related injury. >>>More
Reply depending on the situationAfter all, after work, time belongs to you, not to lead. >>>More