On the way to and from work, if I am injured in a unilateral liability accident while driving, is it

First of all, you need to determine whether you are within the scope of legal employment, and whether your relationship with the company is an employment relationship.

Second, if you are sure that you are on your way to and from work, it can be considered a work injury, provided that you are sure that you are on your way to and from work. Generally speaking, for example, if you go home for the Spring Festival and then rush back to prepare for the next day's work, it is not counted as commuting to and from work.

Then, what is the meaning of unilateral liability accidents? The principle of no-fault liability applies to work-related injuries, that is, even if you are responsible, as long as you comply with the work-related injury insurance regulations, you can still enjoy work-related injury insurance benefits. But there is also a premise for the no-fault principle to apply, that is, you are not drunk driving, suicide, drug use, or intentional crime.

After determining that it is a work-related injury, you must first go to the employer to apply for a work-related injury appraisal, and if the employer is unwilling or unwilling to go, you can apply for it yourself.

You can check it online again, I hope it can help you.

E-Law answers:

According to the sixth paragraph of Article 14 of the Regulations on Work-related Injury Insurance, 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.

Therefore, you should first confirm who is responsible for the "unilateral liability incident". If you are not primarily responsible for the accident, then the resulting injury should be recognized as a work-related injury.

Normally, it is considered a work-related injury, as long as the route is not deviated too much.

Anyone who suffers a traffic accident for which he or she is not primarily responsible while commuting to or from work shall be found to be a work-related injury.

I don't know if you are fully responsible for the "unilateral liability accident" you mentioned?

Generally not, you are on your way to work, not during work hours. "Lawyer's Haven".

If the main responsibility lies with the other party, you are injured at work.

Unilateral Responsibility: Are you fully responsible?

A traffic accident on the way to work is considered a work-related injury. Specifically, according to Article 14 of the Regulations on Work-related Injury Insurance, the following circumstances shall be recognized as work-related injuries: 1. Injured in a traffic accident for which he or she is not primarily responsible while commuting to or from work.

Non-primary responsibility refers to the situation of equal responsibility, secondary responsibility and no responsibility; If you are injured in a traffic accident for which you are primarily and fully responsible, it is not a work-related injury.

The Regulations on Work-related Injury Insurance promulgated in 2003 stipulate that there is no limitation on liability for injuries sustained in motor vehicle accidents on the way to and from work. The 2010 revision of the Regulations on Work-related Injury Insurance increased the limitation of liability, that is, it is not the primary responsibility (equal or secondary) of the person to constitute a work-related injury. At this time, special attention should be paid to the following four necessary elements should be considered when determining whether an employee's road traffic accident is a work-related injury: (1) the specified time for commuting to and from work; (2) Necessary routes for commuting to and from work; (3) There is no personal responsibility or non-personal responsibility; (4) Motor vehicle accidents.

2. Injured in a traffic accident during working hours due to work-related reasons. Employees who are injured in traffic accidents during working hours include injuries to both employees who are drivers of motor vehicles and employees who are not drivers.

If an employee encounters a traffic accident on the way to and from work, it can be recognized as a work-related injury, but the following conditions must be met at the same time: first, the traffic accident must occur at the specified time of commuting to and from work; Second, it must have been a traffic accident on the route to and from work; Third, it must be the person who is not fully responsible or not the main responsibility; Fourth, it must be a road traffic accident caused by a motor vehicle. According to the Regulations on Work-related Injury Insurance, an employee shall be recognized as a work-related injury if he or she has one of the seven 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) 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. Legal basis: Article 14 of the Regulations on Work-related Injury Insurance shall be recognized as a work-related injury if an employee has 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) 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.

If you can't get off work, traffic accidents that are not your main responsibility can be recognized as work-related injuries, and your full responsibility does not belong to the work-related injury "Work-related Injury Insurance Regulations".

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) 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.

No, it is not my main responsibility to cause my injury to be a work-related injury, and your full responsibility is that you are responsible for all the losses of the other party and you, unless you buy compulsory traffic insurance to compensate the other party, and accident insurance can compensate yourself.

Legal analysis: If a traffic accident occurs on the way to work, the other party is fully responsible and is determined to be a work-related injury. If an employee is injured in an accident and is diagnosed or appraised as an occupational disease in accordance with the provisions of the Law on the Prevention and Treatment of Occupational Diseases, the unit to which he belongs shall submit an application for recognition of work-related injury to the social insurance administrative department of the coordinating area within 30 days from the date of occurrence of the accident injury or the date of diagnosis or appraisal of occupational disease.

In case of special circumstances, the time limit for application may be appropriately extended with the consent of the social insurance administrative department.

Legal basis: Article 14 of the Regulations on Work-related Injury Insurance shall be recognized as a work-related injury if an employee has 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) 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.

Legal analysis: If a person is involved in a traffic accident 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: Article 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) 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) 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.

If I have a traffic accident on the way to work, I am fully responsible for it, and it is not considered a work injury.

Hello, according to the question you asked, the traffic accident for which you are fully responsible is not considered a work-related injury, and it is only recognized as a work-related injury if you are injured in a traffic accident or an urban rail transit, passenger ferry, or train accident that is not your primary responsibility on the way to and from work. Legal basis: Article 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) 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) 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.

If I am fully responsible for a traffic accident on my way to work, can it be regarded as a work-related injury? According to the provisions of the "Regulations on Work-related Injury Insurance", if the person bears the main responsibility, it cannot be regarded as a work-related injury, and the legal basis is as follows: Article 14 of the "Regulations on Work-related Injury Insurance" If an employee has one 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. The lawyer will give you a brief introduction to the situation of deemed work-related injury: According to Article 15 of the Regulations on Work-related Injury Insurance, there are three types of circumstances that are deemed to be 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. According to Article 4 of the Provisions of the Supreme People's Court on Several Issues Concerning the Trial of Administrative Cases of Work-related Injury Insurance, the following four circumstances may be recognized as work-related injuries: (1) the employee is injured during working hours and in the workplace, and the employer or the social insurance administrative department has no evidence to prove that it was caused by non-work-related reasons; (2) Employees are harmed by participating in activities organized by the employer or being assigned by the employer to participate in activities organized by other units; (3) During working hours, an employee travels between multiple workplaces related to his or her job duties in a reasonable area and is injured as a result of work; (4) Other injuries related to the performance of work duties during working hours and within a reasonable area.

No. According to Article 14 of the Regulations on Work-related Injury Insurance, if a person is injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or fire and destruction of a sail car 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.

According to your description, if you are fully responsible, you do not meet the conditions for the determination of work-related injuries, and therefore, you cannot be recognized as work-related injuries.