What counts as a work related injury? What counts as a work related injury

Hello, to the problem you described, the lawyer replied as follows:

First of all, apply for a work-related injury appraisal, and after confirming the disability level, it is the basis for confirming the compensation. Refer to Article 18 of the Regulations on Work-related Injury Insurance.

Second, the main scope of claims includes medical treatment for work-related injuries, one-time disability allowance, hospital meal subsidy, assistive devices, original salary and benefits during the medical treatment period, living care expenses, etc.

Third, compensation shall be made with reference to Articles 33, 34, 35, 36, 37, 38, 39 and 40 of the Regulations on Work-related Injury Insurance.

Fourth, if the negotiation fails, bring the relevant materials to the labor inspection department to complain, or directly go to the labor arbitration commission where the unit is located to file labor arbitration. Blessing!

Next, in addition to treatment, let him pay back the money!

First of all, what is the difference between an employment relationship, a contract relationship, and an employment relationship?

The employment relationship refers to the relationship of rights and obligations in which the employee accepts the command and arrangement of the employer and provides specific or unspecified services for the employee, and the employer accepts the services provided by the employee and pays remuneration as agreed. The contract relationship is the relationship of rights and obligations between the contractor to complete the work and deliver the work results according to the requirements of the customizer, and the contractor to pay remuneration. The labor relationship refers to the labor force provided by the worker and the labor force used by the employer, and the two parties form a relationship between the domination and domination of the labor force.

The difference between the three is analyzed from the following two levels: the first level is the relationship of personal domination and obedience between the two parties, in which the two parties have a relationship of domination and obedience, the employer must provide reasonable working conditions and safety guarantees for the employee, and at the same time supervise and manage his work, while the employee needs to obey the employer's arrangement and provide labor services according to his will; In the contract relationship, the contractor has independence in completing the work, and there is no relationship of domination and obedience between the customizer and the contractor; However, in the labor relationship, the two parties only form a relationship of domination and domination of labor, and there is no relationship between obedience to management and obedience to management. The second level is the content of the labor provided by the recipient, and the employer mainly pays the labor force, of course, it also includes certain technical achievements; The contractor mainly pays a certain technical achievement, followed by a certain amount of labor; Laborers provide only pure manual labor.

From the above, it can be seen that the labor relationship is a legal relationship between the employment relationship and the contract relationship.

There is no employment relationship between you and the hydropower master. The subject of labor relations can only be the employer and the worker, and the employer is limited to enterprises, individual economic organizations, state organs, public institutions and social organizations within the territory of China; Therefore, it is excluded as a work-related injury. It can be characterized as personal injury in civil disputes.

You and the hydropower master are not purely in the relationship of domination and obedience, the hydropower master pays a certain amount of technical achievements and labor, so you can position the contracting relationship.

In accordance with some provisions of the Civil Code.

Article 10 If the contractor causes damage to a third party or causes its own damage in the process of completing the work, the contractor shall not be liable for compensation. However, if the maker is negligent in the ordering, instruction or selection, he shall bear the corresponding liability for compensation.

The premise of a work-related injury is that the employee and the employer form an employment relationship, and then the employee is injured at the workplace during working hours due to work-related reasons. If you personally hire a plumber to decorate, you cannot form a labor relationship, it is not a work-related injury, and it can only be treated as an ordinary civil relationship. Reasonable negotiation to resolve, and if it cannot be resolved, a civil lawsuit will be filed.

It is considered a work-related injury, it is an employment relationship, and in addition to medical treatment, compensation must be paid.

I read the "Regulations on Work-related Injury Insurance" and can read it in half an hour, and I have a full set of measures for what to do. Just follow the instructions above. It is necessary to go through the identification of work-related injuries, the identification of disability, and finally the compensation according to the level of disability.

If I have time, I will go to the labor bureau to ask about the average salary of the local area in the previous year, and some compensation items are related to this.

Work-related injuries refer to personal injuries that occur to workers at work, including accidental disability and occupational diseases, as well as death caused by these conditions. 1. Injuries caused by work-related reasons during working hours and at work. This is the most common type of work-related injury, and it is easy to understand that the emphasis is on three jobs (working hours, working location, and reason for work).

2. Being in the workplace before and after work, and being injured because of engaging in work-related preparatory work or finishing work. The only difference between this situation and the first is that the time of the injury is not during the course of work. 3. Injuries such as violence during working hours and at the place of work due to work-related reasons.

For example, a bank employee was robbed at work. 4. Suffering from occupational diseases. 5. During the period of going out on business, they are injured due to work reasons or their whereabouts are unknown due to accidents.

This situation is more common for people who often travel for business. 6. On the way to and from work, injuries caused by traffic accidents or accidents on urban transportation tracks, passenger ferries, or trains that are not caused by their primary responsibility. In general, there are many traffic accidents.

7. Death from sudden illness during working hours and at work units, or death within 48 hours after rescue efforts failed. At this time, sudden illness does not need to be related to work. 8. Individuals are harmed in activities to safeguard national interests, public interests, or the interests of others, such as emergency rescue and disaster relief.

The common ones are, for example, those who act bravely. 9. Employees who previously served in the army, were disabled due to injuries sustained in war or in the line of duty, and have obtained a revolutionary military disability certificate, and who have been sick at the employer.

Work-related injuries refer to injuries suffered by workers during work, including work-related injuries during working hours and in the workplace, injuries suffered during non-working hours in the workplace, and injuries suffered in the process of safeguarding national interests and social public interests.

Legal basis: Article 14 of the Regulations on Work-related Injury Insurance: If an employee has any of the following circumstances, it shall be recognized as 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 of the Regulations on Work-related Injury Insurance: If an employee has any of the following circumstances, it shall be regarded as a work-related injury:

1) Died of 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.

In the case of work-related injuries, the working hours, the workplace, and the reason for the work are given top priority. Because this is the most critical and basic condition for confirming work-related injuries, and it is also the most important basis for determining work-related injuries. Working hours, workplaces, and work reasons should be considered together, and all of them are indispensable.

Therefore, injuries sustained while doing non-work-related work are not considered work-related injuries.

Legal analysisThe determination of work-related injuries requires a comprehensive consideration of working hours, workplace, and work reasons, all of which are indispensable. If it is not during working hours, no one can prove that the injured person had an accident that occurred in the workplace, nor could it say whether the accident was caused by work or personal conduct. If you leave your workplace to do something unrelated to your job during working hours, the accident that occurs during the period cannot be considered a work-related injury.

If an employee goes to work on time, during working hours, and at his or her own workplace or job, but does not do his or her own work, but works for himself or for his friends, the accident caused cannot be regarded as a work-related injury. However, if personal injury is caused by an accidental event that occurs during working hours and in the workplace, including material or natural causes, and is not caused by the employee's own actions, it shall be recognized as a work-related injury. If an employee is injured on the way to or from work, it is also considered a work-related injury.

Legal basisArticle 14 of the Regulations on Work-related Injury Insurance 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) During the period of going out for work, they are injured due to work reasons or have an accident and their whereabouts are unknown; 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.

Work-related injuries, also known as "work-related injuries" and "work-related injuries", refer to injuries sustained by employees in production or work. The law stipulates that an employee shall be deemed to have suffered a work-related injury if he or she has any of the following circumstances: (1) he or she is injured in an accident due to work-related reasons during working hours and in the workplace; 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;

Legal basis: Article 14 of the Regulations of the People's Republic of China on Work-related Injury Insurance: If an employee has any of the following circumstances, it shall be recognized as 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;

1. What is considered a sand injury?

1. The criteria for determining work-related injuries are:

1) Work-related injuries during working hours and locations;

2) Injuries at the workplace before and after working hours due to preparatory and finishing work;

3) Accidental injuries such as violence during working hours and in the workplace;

4) suffering from occupational diseases;

5) Injured or missing due to work during the period of going out for work;

6) On the way to and from work, being injured in a traffic accident or urban rail transit, passenger ferry, or train accident for which the person is not primarily responsible.

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. Zen shooting) 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 they are not primarily responsible;

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

2. Although an employee meets the criteria for determining work-related injuries, 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-addicted;

3. Self-harm or suicide.