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When an employee leaves the mall after work, he or she does not derail and falls and is not considered a work-related injury.
If the employer arranges overtime, the employee may refuse to comply with the statutory obligations. Walking out of the gate of the shopping mall after working overtime, that is, on the way to get off work, the fall is not "injured by a traffic accident or an accident involving urban rail transit, passenger ferry, or train for which he is not primarily responsible", and does not meet the conditions for determining work-related injuries as stipulated in Article 14 (6) of the Regulations on Work-related Injury Insurance, and cannot be recognized as a work-related injury.
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) 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 41 of the Labor Law The employer may, after consultation with the labor union and the workers, extend the working hours due to the needs of production and operation, and generally shall not exceed one hour per day; If it is necessary to extend the working hours due to special reasons, the extended working hours shall not exceed 3 hours per day but shall not exceed 36 hours per month under the condition of ensuring the health of the worker.
Article 42: In any of the following circumstances, the extension of working hours is not subject to the restrictions provided for in Article 41 of this Law:
1) Natural disasters, accidents, or other reasons that threaten the life, health, or property safety of workers, and need to be dealt with urgently;
2) Production equipment, transportation lines, and public facilities fail, affecting production and public interests, and must be repaired in a timely manner;
3) Other circumstances provided for by laws and administrative regulations.
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Since the fall at the entrance of the mall is not a work-related injury, it will not be treated as a work-related injury. In addition, if the shopping mall fails to fulfill its safety and security obligations, the shopping mall may be required to bear the liability for compensation within the scope of its fault.
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Legal analysis: If an employee is injured on the way to work overtime at night, it is a work-related injury, so in determining whether it constitutes a work-related injury, it is also necessary for the party concerned not to be responsible for the accident, and when the work-related accident occurs, it is also necessary to conduct work-related injury appraisal in a timely manner.
Legal basis: Article 14 of the 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) 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; (6) On the way to and from work, being injured in a traffic accident for which they are not primarily responsible, or by an accident involving rail transit, passenger ferries, or trains in Chengchunshan City; 7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.
Article 15 An employee who has any of the following circumstances shall be deemed to have suffered a work-related injury: (1) During working hours and at work, he dies of sudden illness or dies within 48 hours after rescue is ineffective; (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.
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If a worker falls down not far from the factory gate during working hours and is injured due to work-related reasons, it is considered a work-related injury, and the employer is responsible.
1. To apply to the Human Resources and Social Security Bureau (formerly the Labor Bureau) for work-related injury identification, the company needs to report within one month of the accident, if the company does not apply, the injured employee or his close relatives shall apply for recognition within one year. Materials to be submitted: application form for work-related injury determination (**generally ** from the Labor Bureau), proof of labor relationship with the employer, medical diagnosis certificate, etc.;
2. If there is a disability that affects the ability to work after the injury is relatively stable, the applicant shall apply for labor ability appraisal and submit an application to the labor ability appraisal committee of the city divided into districts (generally established in the human resources and social security bureau at the same level);
3. According to different disability levels, the compensation obtained is different. The main compensation is: medical expenses, one-time disability allowance, one-time employment allowance, one-time medical allowance, salary during the period of leave of absence, food allowance, nursing expenses, etc.
4. If the employee does not have a labor contract and other evidence to prove the existence of an employment relationship, and cannot apply for a work-related injury determination, he or she can first apply for labor arbitration to confirm the existence of an employment relationship between you and the employer. After the existence of an employment relationship is confirmed by labor arbitration, an application for work-related injury determination is made.
5. 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 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 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. Employees have the preceding paragraph.
a) Subparagraphs and subparagraphs.
2) In the case of the circumstances, they shall enjoy work-related injury insurance benefits in accordance with the relevant provisions of these Regulations; Employees have the preceding paragraph.
3) In the case of any of the circumstances, they shall enjoy work-related injury insurance benefits other than a one-time disability subsidy in accordance with the relevant provisions of these Regulations. Article 16 Workers who meet the requirements of Articles 14 and 15 of these Regulations, but have any of the following circumstances, 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 addiction;
3) Self-harm or suicide.
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Summary. Falling and injuring yourself on the way to work is not considered a work-related injury. Generally, the employer is not liable for compensation, and if it is injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train for which it is not primarily responsible, it can generally be recognized as a work-related injury.
Falling and injuring yourself on the way to work is not considered a work-related injury. Generally, the employer is not liable for compensation, and if it is injured in a traffic accident or an accident involving urban Moliji rail transit, passenger ferry, or train, it can generally be recognized as a work-related injury.
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) 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) 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.
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Hello, your own fall is not considered a work injury and cannot be claimed. The law stipulates that "falling injuries on the way" can only be defined as work-related injuries if they are injured in a motor vehicle accident. You slipped and fell while on your way from work to get off work, which does not fall within the scope of the above provisions, so it cannot be recognized as a work-related injury.
According to Article 14 of China's Regulations on Work-related Injury Insurance, 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 by an accident during working hours and in the workplace due to work-related reasons, (2) he is injured by an accident while he or she is engaged in work-related preparatory or finishing work in the workplace before and after working hours, (3) he is injured by an accident such as violence during working hours and in the workplace due to the performance of his or her work duties, (4) he suffers from an occupational disease, (5) he is injured by an accident while he is away from work, (6) Injured in a motor vehicle accident while commuting to or from work, or (7) other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.
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