Legal work is injured when riding a moped at work, can the vehicle escape be considered a work relat

1. People have three urgencies, and there is no toilet in the workplace, so they go to the public toilet; In order to solve the physiological and living needs necessary for the performance of duties (such as short rest, drinking water, convenient or high-polluting enterprise employees after work, etc.), injuries suffered in the process should be recognized as work-related injuries.

2. As long as the defendant can be found by the surveillance, it is obvious that the other party is in a hit-and-run, and it is not difficult to claim compensation;

It's really hard to say, the key is to look at your unit, if the unit is on the social security, you can ask for evaluation, otherwise it's really hard to say.

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) 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.

If you want to evaluate, you must also follow the first article to be evaluated.

Being hit by a car on the way to work is a work-related injury. The scope of work-related injuries that can be determined in accordance with the relevant laws and regulations.

Legal analysisHit-and-run, the full name of traffic hit-and-run, refers to the act of the perpetrator fleeing after a traffic accident in order to avoid legal prosecution. Traffic hit-and-run refers to an illegal act in which the person concerned clearly knows that he has had a traffic accident and deliberately flees the scene of the accident in order to avoid responsibility for the accident and does not report the case to the public security organ. There are two scenarios:

Both people and vehicles fled the scene of the accident after the accident; Abandonment of the car and escape, that is, the person leaves the car at the scene and the person flees the scene of the accident. Hit-and-run after a traffic accident is a very bad and serious violation, for which the person concerned must bear the serious consequences against himself. The Road Traffic Safety Act stipulates:

If a person escapes after causing a traffic accident, the traffic management department of the public security organ shall revoke the motor vehicle driver's license, and shall not re-obtain the motor vehicle driver's license for life. This is commonly referred to as a lifetime driving ban. Where the death of the victim is caused by escape, the sentence is to be 7 years or more imprisonment in accordance with the provisions of the Criminal Law.

The new law increases the penalties for traffic hit-and-runs. Here, I also remind the majority of drivers to stop immediately, rescue the injured, protect the scene, and immediately call the police after a traffic accident. Don't choose to escape, if you escape for a while, you can't escape for a lifetime, and you can't escape the punishment of the law in the end.

The spatial element of the hit-and-run behavior after a traffic accident, i.e., whether the act is limited to fleeing from the scene of the accident.

Legal basisCriminal Law of the People's Republic of China Article 133 Whoever violates traffic and transportation management regulations, thereby causing a major accident, causing serious injury or death to a person or causing major losses to public or private property, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention; Where a person escapes after causing a traffic accident or has other especially heinous circumstances, a sentence of between three and seven years imprisonment is to be given; Whoever causes death as a result of escape shall be sentenced to fixed-term imprisonment of not less than seven years. Article 133-1 Driving a motor vehicle on a road in any of the following circumstances is to be sentenced to short-term detention and a concurrent fine: (1) chasing and racing, where the circumstances are heinous; (2) Driving a motor vehicle while intoxicated; (C) engaged in school bus business or passenger transport, seriously exceeding the rated occupant capacity, or seriously exceeding the speed limit; (4) Transporting hazardous chemicals in violation of the regulations on the safety management of hazardous chemicals, endangering public safety.

Where the owner or manager of a motor vehicle bears direct responsibility for the conduct in items (3) or (4) of the preceding paragraph, punishment is to be given in accordance with the provisions of the preceding paragraph. Where conduct in the preceding two paragraphs simultaneously constitutes other crimes, follow the provisions for the heavier punishment at trial and sentencing. Article 133-2 Whoever uses violence or grabs control of a driving control device against a driver of a moving public transport, interfering with the normal operation of the public transport and endangering public safety, is to be sentenced to up to one year imprisonment, short-term detention or controlled release, and/or a fine.

Where the drivers provided for in the preceding paragraph leave their posts without authorization, beat up or assault others on the public transportation they are driving, endangering public safety, they are to be punished in accordance with the provisions of the preceding paragraph. Where conduct in the preceding two paragraphs simultaneously constitutes other crimes, follow the provisions for the heavier punishment at trial and sentencing.

Legal analysis: A traffic accident involving a battery car on the way to work and the other party escaping and escaping is not considered a work-related injury.

Legal basis: 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) During working hours and in the workplace, they are injured by an accident 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 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.

Article 30 Employees who are injured in accidents or suffer from occupational diseases due to work shall enjoy medical treatment for work-related injuries.

Employees who are injured at work shall seek medical treatment in a medical institution that has signed a service agreement, and in case of emergency, they can first go to the nearest medical institution for first aid.

**If the expenses required for work-related injury meet the requirements of work-related injury insurance diagnosis and treatment items, work-related injury insurance drug list, and work-related injury insurance hospitalization service standards, they shall be paid from work-related injury insurance**. The catalogue of work-related injury insurance diagnosis and treatment items, the catalogue of work-related injury insurance drugs, and the hospitalization service standards of work-related injury insurance shall be prescribed by the social insurance administrative department in conjunction with the health administrative department, the food and drug supervision and administration department and other departments.

The food subsidy for the hospitalization of the employee for the work-related injury, as well as the transportation, accommodation and accommodation expenses required for the work-related injury employee to seek medical treatment outside the co-ordination area shall be paid from the work-related injury insurance, and the specific standard of payment shall be stipulated by the people of the co-ordination area.

Injured employees are not entitled to medical treatment for work-related injuries and shall be dealt with in accordance with the basic medical insurance measures.

If the work-related injury employee goes to the medical institution that has signed the service agreement to carry out the work-related injury**, if it meets the requirements, it shall be paid from the work-related injury insurance**.

Whether it is a work-related injury depends on the responsibility for the accident determined by the traffic police.

After a traffic accident, if the perpetrator escapes, if the traffic police department is unable to find out the facts of the accident due to the escape, the hit-and-run person shall bear full responsibility for the accident; If the escape does not affect the determination of accident responsibility, the accident responsibility should still be determined according to the actual situation of the accident, and the traffic police department shall give another administrative punishment to the perpetrator's escape.

According to the Regulations on Work-related Injury Insurance, if an employee has a traffic accident on the way to and from work, it is a work-related injury only if the employee does not bear the main or full responsibility for the accident.

Therefore, if the driver escapes after a traffic accident occurs on the way to work, if the traffic police determine that the other party is mainly or wholly responsible for the accident, it is a work-related injury, otherwise it is not a work-related injury.

If it is determined that the other party is fully responsible, the work-related injury can basically be determined.

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. YesOn the way to and from workAlthough there is no requirement for a necessary route or a reasonable time, at least there should be no detour and going home after doing something else;

2. IAssume non-primary responsibility, that is, the determination of responsibility for the traffic accident states that the injured person bears equal responsibility, secondary responsibility or no responsibility;

3. It's becauseTraffic accidents or accidents in urban rail transit, passenger ferries, or trainsTake damage.

Because the injury you suffered occurred in a unilateral accident, that is, there was no counterparty to the accident, under normal circumstances, you are fully responsible and cannot be recognized as a work-related injury. Under special circumstances, such as when a road is under construction and the construction party does not set up obvious warning signs, you may be liable in the traffic accident, and if the construction party bears the main responsibility, your behavior can be recognized as a work-related injury.

If someone else hits you with a car, and the other party is primarily responsible or both parties are equally responsible, then it is a work injury, and if you are primarily responsible, it is not a work injury.

If you ride your bike and no one hits you, and you accidentally fell on your own, then it is not a work injury. If you fall while riding a bicycle yourself, aren't you all responsible?

When applying for work-related injuries for traffic accidents on the way to and from work, it is necessary to have a road traffic responsibility certificate from the traffic police department, which has the size of the responsibility, and this letter of responsibility also needs to be provided when applying for work-related injury benefits at the end, which will depend on the size of the responsibility of both parties.

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;

The law stipulates that during the journey from home to work, as long as there are no detours, accidents on the road are considered work-related injuries. Walking and cycling count.

It is fully responsible for the moped, and it will cover your medical expenses, lost work expenses, nutrition expenses, etc. Regarding the employer, you can apply for work-related injury allowance from the employer, mainly to apply for the basic salary during the work-related injury, and apply to the personnel department, and ask the employer to count the work-related injury days as attendance. Otherwise, it will affect your monthly and annual attendance appraisal, even if the employer does not pay salary subsidies, the employer is required to record attendance, which is the key, remember.

Belong, you are commuting, and it is not your responsibility, this kind of work is counted as a work injury!

Good luck!

It's a work-related injury. I wish you a speedy ** and smooth access to compensation!

Not counted, but compensation can be claimed.