After signing a contract agreement, is a car accident on the way to work considered a work related i

1. If your brother and the company's canteen have an employment relationship, then you can apply for work-related injury recognition.

Article 14 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 accident involving urban rail transit, passenger ferry, or train for which he or she is not primarily responsible while commuting to or from work; 、、

2. Application for recognition of work-related injuries.

1. To apply to the Human Resources and Social Security Bureau (formerly the Labor Bureau) for work-related injury identification, the company needs to report within one month of the accident, if the company does not apply, the injured employee or his close relatives shall apply for recognition within one year. Materials to be submitted: application form for work-related injury determination (**generally ** from the Labor Bureau), proof of labor relationship with the employer, medical diagnosis certificate, etc.;

2. If there is a disability that affects the ability to work after the injury is relatively stable, the applicant shall apply for labor ability appraisal and submit an application to the labor ability appraisal committee of the city divided into districts (generally established in the human resources and social security bureau at the same level);

3. According to different disability levels, the compensation obtained is different. The main compensation is: medical expenses, one-time disability allowance, one-time employment allowance, one-time medical allowance, salary during the period of leave of absence, food allowance, nursing expenses, etc.

4. If you do not have a labor contract or other evidence to prove the existence of an employment relationship, and cannot apply for a work-related injury determination, you can first apply for labor arbitration to confirm the existence of an employment relationship between you and the employer. After the existence of an employment relationship is confirmed by labor arbitration, an application for work-related injury determination is made.

The key is, what is the relationship between your brother and the company's canteen, is it a labor relationship or an employment relationship, or a contractual relationship, if it is a labor relationship, a traffic accident occurs on the way to work, and it is not your main responsibility, with the traffic police department's responsibility determination, it can be recognized as a work-related injury, if it is an employment or contractual relationship, it cannot be recognized as a work-related injury.

1.First of all, it is necessary to confirm whether there is an employment relationship between the contractor and the employer, if there is an employment relationship between the two and the injured person does not bear the main responsibility in the accident, the injury of the employee can be determined to be work-related injury in accordance with the provisions of Article 14, Paragraph 6 of the Regulations on Work-related Injury Insurance, which stipulates that "if the employee is injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train for which he is not primarily responsible while commuting to and from work", the employee's injury can be determined to be work-related injury!

2.If the relationship between the parties is contractual or employment, it cannot be recognized as a work-related injury, and can only be claimed through a traffic accident, and the party responsible for the accident shall bear the compensation within the scope of its statutory responsibility.

3.If you have any questions, you can call 12333 to consult the local social security bureau.

Hello, it can't be counted as a work injury.

If an employee is injured in a traffic accident while not signing a labor contract, and the public security organ determines that he or she is not primarily responsible, it is considered a work-related injury. According to Article 14 of the Regulations on Work-related Injury Insurance, if an employee has any of the following circumstances, it shall be deemed 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 graduation illness;

5) Injured or unaccounted for in an accident while away for work;

6) Being 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.

1) Application form for determination of work-related injury;

2) Proof of the existence of an employment relationship (including a de facto employment relationship) with the employer;

3) Medical diagnosis certificate or occupational disease diagnosis certificate (or occupational disease diagnosis and appraisal certificate).

The application form for determination of work-related injury shall include basic information such as the time, place, and cause of the accident, as well as the degree of injury of the employee.

Where the materials provided by the applicant for work-related injury determination are incomplete, the social insurance administrative department shall inform the applicant of all the materials that need to be supplemented and corrected in writing at one time. After the applicant requests to supplement and correct the materials in accordance with the written notice, the social insurance administrative department shall accept it.

Whether there is an employment contract is not a key factor, as long as there is an employment relationship, the key is the accident responsibility and line.

There are two conditions for a work-related injury to be counted as a work-related injury on the way to and from work: first, it is a traffic accident, and the party concerned is less than the primary responsibility in the accident, that is to say, the determination of quiet liability is equal responsibility, secondary responsibility or no responsibility; Second, it must be on a reasonable route to and from work.

Legal basis. Article 14 of the Regulations on Work-related Injury Insurance.

If an employee has 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 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. During working hours and in the workplace, due to violence and other accidental injuries 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. Being injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train that is not the main responsibility of the person on the way to and from the pants on and off the bus without transportation;

7. Other circumstances that shall be recognized as work-related injuries as provided by laws and administrative regulations.

The Opinions of the Ministry of Human Resources and Social Security on Several Issues Concerning the Implementation of the Regulations on Work-related Injury Insurance (II) (No. 29 of 2016 issued by the Ministry of Human Resources and Social Security) stipulates that a reasonable route between the employee's work unit and his or her place of residence within a reasonable time for the purpose of commuting to and from work shall be deemed to be on the way to and from work.

The answer to your question is as follows:

That is, it is a work-related injury and a traffic accident injury, and one injury result can be obtained in two different compensations, which do not offset each other, and can be claimed and enjoyed at the same time. Specifically:

1. Compensation for personal injury in traffic accidents can be directly sued to the court, and the defendant is the driver who caused the accident and the compulsory traffic insurance company.

2. If it is a work-related injury, apply for work-related injury recognition first, identify the disability level, and enjoy the corresponding work-related injury insurance benefits according to the disability level. If the company has paid work-related injury insurance for your mother, the workers' compensation will be paid by the workers' compensation insurance**; If the company does not pay work-related injury insurance for your mother, the company will compensate the full amount of the work-related injury insurance. If the company refuses to pay the work-related injury compensation, you should first apply for labor arbitration to require the company to pay compensation, and if you are not satisfied with the labor arbitration, you can file a lawsuit with the court to claim work-related injury compensation.

3. It doesn't matter if you don't sign a labor contract, as long as you can prove the existence of a de facto labor relationship.

4. If the employer does not apply within one month, you can also apply for work-related injury recognition within one month and one year later.

5. Remember: There is only one year to apply for work-related injury recognition and labor arbitration.

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:

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) Being 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.

It depends on the 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:

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) Being 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.

Question: Is a fracture caused by driving a tricycle on the way to work considered a work-related injury?

Question: Self-driving, rushing into the water, causing fractures, no labor contract, no vehicle insurance.

1.On the way to and from work, a person who is 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 is injured is a work-related injury.

2.It is recommended to apply for a work-related injury determination on the date of the accident, and only if it is determined that it is a work-related injury, can the boss be held liable.

If your husband does not bear the main or full responsibility for the accident, it can be recognized as a work-related injury and enjoy work-related injury benefits.

First, whether it constitutes a de facto labor relationship, and second, how to divide the responsibility for traffic accidents.

The current boss has a black heart, so let's find a lawyer.

You can apply for a work-related injury determination, and you can specifically interview with lawyer Zhao, **18230180106

If an employee is injured in a traffic accident on the way to work, and the public security organ determines that he or she is not primarily responsible, it is considered a work-related injury. According to Article 14 of the Regulations on Work-related Injury Insurance, if an employee has any of the following circumstances, it shall be deemed 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) Being 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.

Regardless of whether you sign a labor contract or not, it will not affect the determination of your work-related injury and should be counted as a work-related injury.

1. Work-related injuries are not directly related to whether or not a labor contract has been signed.

2. Traffic accidents that are not the main responsibility of the employee on the way to and from work are work-related injuries. You can apply for work-related injury recognition and enjoy work-related injury benefits. ‍

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) Being 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;

If you are not the main responsibility, you can be recognized as a work-related injury, which is a de facto labor relationship, more than one month, you can ask for double wages from the date of exceeding, and more than one year will be regarded as an indefinite period, and the employer will not report the work-related injury, and you will apply for work-related injury recognition within one year. If the employer does not help you apply for work-related injury insurance, then the employer will bear all of it.

It is not necessary to have an employment contract, as long as it is sufficient to prove that there is a de facto employment relationship. For example, pay slips, proof of workers, etc.

The employment contract is only a certificate of labor relationship, and the work-related injury must be insured to be valid, and the injury occurs outside the workplace, so the work-related injury is not awarded.

Yes, as long as there is evidence that you have formed an employment relationship with your employer and can prove that the accident occurred during the course of work.

Counting work-related injuries, there are now many such successful cases in China, and accidents on the way to and from work are counted as work-related injuries.

If you have not signed a contract, you must collect your own evidence, such as salary slips, to prove your relationship with the employer.