I was injured in a collision with a motor vehicle on my way to work, but both of us were driving wit

On the way to and from work, an injury caused by an electric vehicle accident can also be a work-related injury.

With the introduction of electric vehicles into thousands of households, the proportion of traffic accidents caused by electric vehicles is also increasing. According to Article 14 (6) of the Regulations on Work-related Injury Insurance, "a person who is injured in a motor vehicle accident while commuting to or from work" shall be deemed to be a work-related injury.

Is an accident injury caused by an electric vehicle a work-related injury a work-related injury? It is necessary to first determine whether an electric vehicle is a motor vehicle, however, the standards for motor vehicles may not be so clear, but there are clear regulations on electric bicycles: 1. The maximum speed does not exceed 20km h; 2. The importance of the whole vehicle should not be more than 40kg; 3. Must have a good pedal riding function.

However, from the perspective of electric vehicles driving on the road, not all of the above three standards are available, so it is not difficult to infer that electric vehicles that do not specify the "three standards" are not standard electric bicycles, and they are not non-motorized vehicles. Here, Zhang Shiqian, a lawyer from China Work-related Injury Compensation Legal Network, reminds the majority of employees that if an electric bicycle that does not meet the "three standards" is injured in an accident on the way to and from work, it meets the provisions of the "Regulations on Work-related Injury Insurance" to recognize work-related injuries and can enjoy work-related injury insurance benefits.

Injuries made on the way within one hour before going to work are considered work-related injuries.

Driving a motor vehicle without a license only violates traffic laws and regulations, and does not violate the administration of public security, and shall be recognized as a work-related injury in accordance with the law if all other aspects of the operation meet the requirements of work-related injury.

Legal basis: Article 16 of the Regulations on Work-related Injury Insurance An employee shall not be deemed to have suffered a work-related injury or be treated as a work-related injury if he or she meets the requirements of Articles 14 and 15 of these Regulations, but in any of the following circumstances:

1. Intentional sin;

2) Drunk or drug addiction;

3) Self-harm or suicide.

Driving a motor vehicle without a license only violates traffic laws and regulations, and does not violate the administration of public security, and if it meets the requirements of work-related injury determination, it shall be found to be a work-related injury in accordance with law.

Legal basis: Regulations on Work-related Injury Insurance Article 16 An employee who meets the requirements of Articles 14 and 15 of these Regulations, but in any of the following circumstances, shall not be deemed to have suffered a work-related injury or be treated as a work-related injury: (1) Tan Hewei who intentionally commits a crime; 2) Drunk or drug addiction; (3) Self-harm or suicide.

Legal analysis: Driving a motor vehicle without a license only violates traffic laws and regulations, but does not violate the administration of public security, and if it meets the requirements of work-related injury determination in other aspects, it shall be recognized as work-related injury in accordance with the law.

Legal basis: Article 16 of the Regulations on Work-related Injury Insurance Article 16 An employee who meets the requirements of Articles 14 and 15 of these Regulations, but has any of the following circumstances, shall not be recognized as a work-related injury or regarded as a work-related injury

1) Intentionally committing a crime;

2) Persons who are drunk or disorderly take drugs;

3. Self-harm or suicide.

Legal analysis: Driving a motor vehicle without a license only violates traffic laws and regulations, and does not violate the administration of public security, and if it meets the requirements for the determination of work-related injuries in other aspects, it shall be recognized as a work-related injury in accordance with the law.

Legal basis: Regulations on Work-related Injury Insurance Article 16 An employee who meets the requirements of Articles 14 and 15 of these Regulations, but has any of the following circumstances, shall not be deemed to be a work-related injury or a work-related injury depending on the cavity:

1) Intentionally committing a crime;

2) Drunk or drug addiction;

(3) Self-harm or suicide.

A traffic accident caused by driving without a license on the way to work may be a work-related injury, that is, driving without a license is not the main cause of the accident, and the unlicensed driving party does not bear the main responsibility, which is a work-related injury. If the main responsibility is borne, it is not a work-related injury.

[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.

Legal advice. One day, Xie collided with a car traveling in the opposite direction on the way from work, and was sent to the hospital by passers-by, spending a lot of medical expenses. Xie wanted to claim work-related injury insurance benefits from the company, but the company believed that Xie's situation did not fall within the scope of work-related injuries.

Excuse me, is it a work-related injury caused by an employee driving a motor vehicle without a license on the way to and from work?

Lawyer answers. According to the provisions of the "Reply of the Administrative Trial Division of the Supreme People's Court on Whether an Employee Should Be Deemed to Have Been Injured at Work if He Causes a Motor Vehicle Without a License" on the way to and from work, if an employee causes an accident due to driving a motor vehicle without a license, driving an unlicensed motor vehicle, or driving a motor vehicle after drinking alcohol, it should not be recognized as a work-related injury.

Mr. Li is an employee of an enterprise. On the way to work one day, Li was in a traffic accident on a motorcycle and collided with a motor vehicle, causing Li to be injured in the leg and his right leg to be amputated. Hit-and-run vehicle.

The public security department later issued an accident certificate, making it clear that Li was injured in a traffic accident and the hit-and-run car escaped.

Mr. Li took the accident certificate and submitted an application to the Labor and Social Security Bureau for the determination of his injury as a work-related injury, but the Social Security Bureau determined that Mr. Li was not injured at work on the grounds that Mr. Li was driving without a license and violated the administration of public security. Dissatisfied, Mr. Li filed an administrative lawsuit with the court, requesting the court to order the Social Security Bureau to make a new determination of work-related injury.

According to Article 16 (1) of the Regulations on Work-related Injury Insurance, "work-related injuries shall not be recognized due to crimes or violations of public security administration". The focus of the dispute in this case is whether Li's driving of a motorcycle without a license is a violation of public security administration.

After trial, the court held that although Li was driving without a license, the public security organ, as the subject of public security administrative punishment, did not identify and deal with his behavior. In the absence of a public security organ finding that Li's conduct violated the administration of public security, the Social Security Bureau's determination that Li was not a work-related injury was insufficient and the law was erroneously applied, and should be revoked.

Therefore, the social security bureau was ordered to make a new decision on the determination of work-related injury for Li.

Is it a work-related injury if you are injured on the way to work?