If I fall at home while off work, does the factory have compensation?

It is considered a work-related injury, and injuries sustained on the way to work fall within the scope of work-related injuries. In the labor law, it is written that "if an employee is injured in a motor vehicle accident on the way to and from work, it shall be recognized as a work-related injury."

If the employer is unwilling to cooperate, you can apply to the labor and social security administrative department for work-related injury determination, 1) The time limit for applying to the labor and social security administrative department for work-related injury identification:

1. The employer --- shall submit an application for recognition of work-related injury within 30 days from the date of occurrence of the accident injury or the date of diagnosis or appraisal of the occupational disease. (If the employer fails to submit an application for work-related injury recognition within the prescribed time limit, the employer shall bear the relevant expenses such as work-related injury benefits that meet the requirements of the Regulations on Work-related Injury Insurance during this period.) ）

2. If the injured employee or his immediate family members or trade union organizations fail to submit an application for work-related injury recognition within ---the prescribed time limit, the injured employee or his immediate family members or trade union organizations may submit an application for work-related injury recognition within one year from the date of the accident injury.

2) Specific materials to be provided when applying for work-related injury determination:

1. To apply for work-related injury identification, the Application Form for Work-related Injury Recognition shall be filled;

2. A copy of the labor contract or other valid proof of the establishment of labor relations;

3. Certificate of post-injury diagnosis (first medical record) or occupational disease diagnosis certificate;

4. Copy of ID card and other relevant supporting materials;

1) Where they are violently injured in the performance of their work duties, submit a judgment or other valid proof from the public security organ or people's court.

2) If the first accident caused by a motor vehicle accident is determined as a work-related injury, the responsibility determination letter or other valid proof of the public security traffic management department shall be submitted.

3) If you are injured due to work reasons during the period of going out for work, submit a certificate from the public security department or other certificates; In the event of an accident where the whereabouts are unknown, it shall be determined that the death was due to work and submitted to the people's court for a conclusion declaring the death.

4) During working hours and at work, if you die of sudden illness or die within 48 hours after rescue fails, submit the rescue and death certificate of the medical institution.

5) Those who have been harmed in activities to safeguard national interests or public interests, such as emergency rescue and disaster relief, shall submit valid certificates in accordance with laws and regulations.

6) Belong to the demobilized and demobilized servicemen who are disabled in the line of duty or injured in the line of duty, and if they are injured in the old life, they shall submit the "Revolutionary Disabled Veteran's Certificate" and the diagnosis certificate of the old injury by the medical institution.

If it is not possible to provide relevant supporting materials due to special circumstances, the situation shall be explained in writing.

If you are not the main responsibility on the way to and from work, there will be, and it will be treated as a work-related injury.

There is no compensation for a fall at home! It's okay to have an accident on the road.

It can't be said to be compensation, but it should be rescued, and the problem of money should be dealt with by medical insurance.

An accident that occurs after returning home is not considered a work-related injury. I see what you mean to claim that your father's cervical spondylitis is an occupational disease, and whether it is an occupational disease should be applied.

Legal analysis: If an employee falls and is injured in an accident due to his or her own reasons in the process of commuting to and from work, it is generally not recognized as a work-related injury. Because the employee was injured because he did not pay attention to the relevant environment, and at the same time did not be under the premise of a traffic environment, it cannot be determined that it constitutes a work-related injury.

Legal basis: Regulations on Work-related Injury Insurance

Article 14 In any of the following circumstances, an employee shall be deemed to have suffered a work-related injury: (1) he or she is 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) Suffering violence or other accidental injuries during working hours and in the workplace as a result of performing work duties; (4) Suffering from an occupational disease; (5) During the period when they are away for work, they are injured due to work reasons or their whereabouts are unknown in an accident; (6) Being 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 15 An employee shall be deemed to have suffered a work-related injury under any of the following circumstances: (1) He or she dies of a sudden illness during working hours and at work, or dies within 48 hours after rescue fails; (2) Suffering harm in emergency rescue and disaster relief or other activities to preserve the national interest or the public interest; (3) 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 certificate of disabled revolutionary servicemen, but 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.

If it is on the way to and from work, it can be recognized as a work-related injury, and the factory also has a certain responsibility and should bear part of the expenses "Regulations on Work-related Injury Insurance", first of all, the determination of work-related injury, whether it constitutes a work-related injury, to see whether it meets one of the series of circumstances: Article 14 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) Suffering violence or other accidental injuries during working hours and in the workplace as a result of performing work duties;

(4) Suffering from an occupational disease;

(5) During the period when they are away for work, they are injured due to work reasons or their whereabouts are unknown in an accident;

(6) Being 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 15 In any of the following circumstances, an employee shall be deemed to have suffered a work-related injury:

1) Died of a 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 the national interest or the public interest;

(3) 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 certificate of disabled revolutionary servicemen, but were injured after arriving at the employer. If so, it constitutes a work-related injury. After the occurrence of a work-related accident, the injured employee or his or her family members shall submit an application for work-related injury insurance benefits to the local labor administrative department within 15 days from the date of the work-related accident.

In case of special circumstances, the application period can be extended to 30 days. If the injured employee or his or her family does not submit an application, the trade union organization may submit an application on behalf of the employee. Employees or their family members are entitled to the following benefits due to work-related injuries of employees:

Full reimbursement of hospitalization expenses, medical expenses, medicine expenses, and medical travel expenses required by employees due to work-related injuries or occupational diseases; If hospitalization is required, the hospitalization food subsidy will be issued according to 23 of the local food subsidy standard for business trips; If it is approved to transfer to other places, the required transportation and accommodation expenses shall be reimbursed according to the standard of business trips for employees of the enterprise. Those who are assessed as having a disability of grade 1 to 10 are entitled to different treatment as prescribed by law in terms of wages, work-related injury allowances, disability pensions, subsidies, etc. Victims of work-related injuries or their families and employers may resolve the matter through negotiation within the scope prescribed by laws and regulations.

At the same time, according to the Labor Law, an employer may not terminate an employment contract on the grounds that the employee is unable to perform the original job.

If you accidentally fall on the way to and from work, it generally cannot be recognized as a work-related injury. Because accidents that can be considered work-related injuries on the way to and from work can only be caused by traffic accidents. Such as:

Traffic accidents or accidents in urban rail transit, passenger ferries, and trains in Shanghai shall be recognized as work-related injuries. But it is important to note that:1

Whether the accident occurred is not the main responsibility of the person; 2.The commute must be a reasonable commute to and from work (e.g., the route and time should be in line with the commute route).

Article 14 of the Regulations on Work-related Injury Insurance shall be deemed to be a work-related injury if an employee has any of the following circumstances: (1) Being 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) Suffering violence or other accidental injuries during working hours and in the workplace as a result of performing work duties; (4) Suffering from an occupational disease; (5) During the period when they are away for work, they are injured due to work reasons or their whereabouts are unknown in an accident; (6) Being 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.

Whether a fall at a factory is considered a work-related injury depends on the circumstances.

1. If the injury is caused by an accident during working hours and in the workplace, it can be recognized as a work-related injury;

2. If you are injured in a traffic accident, urban slag buried in urban rail transit, passenger ferry, or train accident on the way to work that is not your primary responsibility, it can be recognized as a work-related injury.

The procedure for determining a work-related injury consists of the following steps:

1. The worker shall report the work-related injury to the employer in a timely manner, and provide relevant materials such as medical certificate and accident certificate as much as possible;

2. The employer shall report the work-related injury in a timely manner and send the worker to a designated medical institution for diagnosis and treatment;

3. The medical institution shall diagnose and improve the laborer, and issue relevant certificates and reports;

4. The worker and the employer shall apply to the local labor and social security administrative department for the determination of work-related injury and submit relevant supporting materials;

5. The administrative department of labor and social security shall review the application and organize experts to conduct appraisal;

6. Based on the results of the review and appraisal, the labor and social security administrative department shall make a decision on the determination of work-related injuries and notify the applicant and the employer;

7. If there is any objection, the worker or the employer may file a reconsideration or apply for an administrative lawsuit to the labor and social security administrative department.

The conditions for the determination of work-related injuries are:

2. Workplace: During working hours and in the workplace, the person is injured by an accident due to work reasons;

3. Work reasons: refers to the fact that the injury or occupational disease of the employee is directly or indirectly caused by work;

4. Intentional crime: refers to the injury of employees caused by intentional criminal acts;

5. Gross negligence: refers to the subjective gross negligence of the employee, and his negligent behavior has caused serious consequences such as injury or occupational disease of the employee;

6. Accidents: Employees are injured or suffer from occupational diseases not due to the intention of the employees themselves, but due to other external reasons.

To sum up, work-related injuries refer to the physical injury, dysfunction, organ damage or illness of an employee caused by work-related reasons in the production and operation activities of an employer, including accidental injuries and occupational diseases at work. Work-related injury is a system for the protection of workers' rights and interests, which aims to protect the life, health and legitimate rights and interests of employees in the course of work.

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) Suffering violence or other accidental injuries during working hours and in the workplace as a result of performing work duties;

(4) Suffering from an occupational disease;

5) During the period when they are out for work, they are injured due to work reasons or have an accident where their whereabouts are not as good as those of Ma Ming;

6) Injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train that is not the primary responsibility of the person on the way to and from work;

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

Legal analysis: An accident injury suffered by engaging in work-related preparatory or finishing work in the workplace before or after working hours is a work-related injury, and whether a fall in the company after work is a work-related injury must be appraised and an application for work-related injury recognition can be filed.

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) Injured in an accident during working hours and in the workplace due to work-related reasons (2) Injured in an accident while engaged in work-related preparatory or finishing work in the workplace before and after working hours (3) Injured by an accident such as violence during working hours and in the workplace due to the performance of work duties (4) Suffering from an occupational disease (5) Being injured or missing in an accident during a work-related absence (6) On the way to and from work, Injured in traffic accidents or urban rail transit, passenger ferries, or train accidents for which the person is not primarily responsible (7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.

Article 15 In any of the following circumstances, an employee shall be deemed to have suffered a work-related injury:

1) Died of a sudden illness during working hours and at work, or died within 48 hours after rescue efforts failed;

2) Employees who have been injured in activities to safeguard national interests and public interests such as emergency rescue and disaster relief (3) Employees who previously served in the military, were disabled due to injuries sustained in war or in the line of duty, have obtained a disabled military certificate, and are injured after arriving at the employer.

Where an employee has any of the circumstances in items (1) or (2) of the preceding paragraph, and is entitled to work-related injury insurance benefits in accordance with the relevant provisions of these Regulations, and where the employee has any of the circumstances in item (3) of the preceding paragraph, he or she shall be entitled to work-related injury insurance benefits other than a one-time disability subsidy in accordance with the relevant provisions of these Regulations.