2009 12 08 was involved in a car accident on the way to work, and the perpetrator fled. Is it consid

If you are injured in a motor vehicle traffic accident while commuting to or from work, it may be recognized as a work-related injury. It is necessary to provide the accident certificate of the traffic police department.

It stands to reason that it should not be counted, if you catch the perpetrator or find the accident vehicle, it is OK.

According to Article 14 of the Regulations on Work-related Injury Insurance, there are mainly the following types of work-related injuries:

Injured in an accident during working hours and in the workplace due to work-related reasons;

Injured in an accident while engaged in work-related preparatory or finishing work in the workplace before or after working hours;

Injured by violence or other accidents during working hours and in the workplace due to the performance of work duties;

suffering from occupational diseases;

During the period of going out for work, the person is injured due to work reasons or the whereabouts of the accident are unknown;

Injured in a motor vehicle accident while commuting to or from work;

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

If there were witnesses present at the time, the management of the unit would have been more humane, perhaps. ^-

This is a rule, to see if it is the only route home.

If a worker withdraws from a car accident early, and the damage is not his primary responsibility, it shall be found to be a work-related injury. Whether an employee violates labor discipline is a different legal relationship from whether a work-related injury can be determined. Generally speaking, if an employee is late or leaves early due to a violation of labor discipline, it only involves a violation of the relevant internal rules and regulations of the unit, and does not affect the determination of the nature of the victim by the human resources and social security department as "commuting to and from work".

The process for reporting a work-related injury is as follows:

1. Apply for work-related injury recognition first: The unit shall submit an application for work-related injury recognition to the labor and social security administrative department of the coordinating area within 30 days from the date of the accident injury. If the employer fails to submit an application for work-related injury recognition in accordance with the regulations, the injured employee, his or her immediate family members, or trade union organizations may, within one year from the date of the accident injury, directly submit an application for work-related injury recognition to the labor and social security administrative department of the co-ordinating area where the employer is located;

2. 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. If an employee of an employer suffers a work-related injury during the period when he has not participated in work-related injury insurance, the employer shall pay the expenses in accordance with the work-related injury insurance benefits and standards stipulated in these Regulations;

3. 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 administrative department for labor insurance and preparedness in conjunction with the administrative department of health, the drug regulatory department and other departments.

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 the time of work 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 18. The following materials shall be submitted to submit an application for determination of work-related injury:

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.

Legal analysis: If the employee is not primarily responsible for a car accident on the way to leave work early, it constitutes a work-related injury. Article 14 of the Regulations on Work-related Injury Insurance stipulates that if an employee 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 while commuting to or from work, it shall be deemed to be a work-related injury.

Legal basis: Regulations on Work-related Injury Insurance

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 injuries meet the requirements of work-related injury insurance diagnosis and treatment items, work-related injury insurance drug lists, and work-related injury insurance hospitalization service standards, they shall be paid from work-related injury insurance**. The catalogue of diagnosis and treatment items of work-related injury insurance, the catalogue of work-related injury insurance drugs, and the hospitalization service standards of work-related injury insurance shall be prescribed by the administrative department of the insurance department of the company in conjunction with the administrative department of health, 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**.

Article 34 Where an injured worker has been assessed for disability and is confirmed by the Labor Ability Appraisal Committee to be in need of daily care, he or she shall be paid a monthly living care allowance from the work-related injury insurance.

The living care expenses are paid according to three different levels: being completely unable to take care of themselves, most of them cannot take care of themselves, or some of them are not able to take care of themselves, and the standards are respectively % or 30% of the average salary of the employees in the overall planning area in the previous year.

First of all, I wish your mother a speedy **. The legal basis for an employee who encounters a car accident on the way to work is considered a work-related injury, and the legal basis is Article 14 (6) of the Regulations on Work-related Injury Insurance: "On the way to and from work, the employee 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; ”

If the employer has helped your mother buy work-related injury insurance, then you can apply for work-related injury insurance benefits. Article 42 of the Social Insurance Law stipulates: "If the third party does not pay the medical expenses for the work-related injury or the third party cannot be determined, the work-related injury insurance shall pay in advance."

After the work-related injury insurance** is paid in advance, it has the right to recover from a third party. ”

If the unit does not buy, then the unit needs to bear this part of the cost, if the unit refuses to pay, social security ** will pay in advance. Article 41 of the Social Insurance Law stipulates that: "If an employee's employer fails to pay work-related injury insurance premiums in accordance with the law, and a work-related accident occurs, the employer shall pay the work-related injury insurance benefits."

If the employer does not pay, it shall be paid in advance from the work-related injury insurance**. The work-related injury insurance benefits paid in advance from the work-related injury insurance** shall be reimbursed by the employer. If the employer fails to repay, the social insurance agency may recover compensation in accordance with the provisions of Article 63 of this Law.

You can try to walk both paths.

However, the premise of both paths is to carry out work-related injury determination, so it is necessary to hurry. After the accident occurs at work, the unit shall apply for the determination of work-related injury within 30 days (time limit), and the unit may also apply for more than 30 days and no more than 1 year (statute of limitations), but the expenses before the work-related injury determination shall be borne by the unit. If the employer does not apply for recognition for the employee, the employee or close relatives may apply for recognition to the social insurance administrative department (Human Resources and Social Security Bureau) within one year (statute of limitations).

Work-related injury identification and declaration process.

The applicant shall submit an application for work-related injury determination to the labor administrative department in accordance with the regulations and provide relevant materials.

1. The Insurance Division will review the application within 15 days after receiving it. Those that meet the requirements shall be accepted, and those that do not belong to this jurisdiction shall be informed of the applicant.

2. If the application materials are incomplete, the applicant shall be notified to complete the materials within 30 days.

Determination 1: Within 60 days (30 days may be extended under special circumstances) and inform the unit and individual within 60 days (30 days may be extended under special circumstances) that the conditions for recognition are met.

2. If the applicant cannot provide proof of labor relationship or de facto labor relationship, the applicant shall be informed to initiate labor arbitration to determine the labor relationship, and the arbitration time shall not be accumulated within the specified time for acceptance.

3. The applicant shall be informed of those who do not meet the requirements for identification.

4. Issue work-related injury certificates to those identified as work-related injuries.

If the period of suspension of work with pay expires or the injury is basically stable, the applicant shall submit the labor ability appraisal to the Labor Ability Appraisal Committee to assess the disability level.

Work-related injury insurance benefits.

If it is determined that the applicant meets the conditions for enjoying work-related injury insurance benefits, the applicant shall apply to the Social Security Center for review of benefits. According to the approved benefits, the social security center shall pay the injured employees within the specified time.