If a traffic accident has been recognized as a work related injury, can I get both traffic accident

This is a more controversial issue, some claim to get double compensation, some claim can only get the highest compensation, in our national practice, the vast majority of provinces and cities have stipulated that they can not receive double compensation, and earlier, the state also has relevant documents stipulating that in accordance with the principle of reciprocity of loss and compensation, the same damage can not get two compensation, and then there is a more profound significance that the traffic accident itself is not injured at work, in fact, it is an extension of the work injury, not a real sense of the work injuryIf you get two compensations, it will cause the interests of the workers who are really injured at work to be damaged, that is to say, if you are really injured at work, you can't get two compensations, and if you don't get two compensations for work-related injuries in the real sense, it is obviously unfair

Theoretically, yes. The operation may vary from place to place.

Traffic accidents and work-related injuries are two unrelated existences, which can be compensated twice, but medical expenses can generally only be compensated in one of them, and it is recommended that you pay for medical expenses in the work-related injury, and work-related injuries are not divided into responsibilities.

There is no double compensation for medical expenses, and traffic accidents and work-related injuries do not affect each other in other aspects.

Yes, there is a right to double compensation.

I think about it, friend, you are so naïve

1. Can traffic accident compensation still be recognized as work-related injury?

1. If the compensation for traffic accidents meets the requirements of work-related injury determination, work-related injury can also be determined. According to the regulations on tool work-related injury insurance, if an employee is injured in a traffic accident or an urban rail transit, passenger ferry, or train accident for which he or she is not primarily responsible while commuting to and from work, it shall be deemed to be a work-related injury.

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) Injured or unaccounted for in an accident while away for work;

6) Injured in traffic accidents or accidents involving urban rail transit, passenger ferries, or trains 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.

2. What is the compensation standard for the hit-and-run accident?

1. The compensation standard for vehicle traffic accidents depends on the specific circumstances of the case, and the amount of compensation varies depending on the injury caused by the traffic accident;

2. The main compensation items for personal injuries caused by traffic accidents are disability compensation, spiritual solace payment, medical expenses, lost work expenses, hospital meal subsidies, nursing expenses, living expenses of dependents, transportation expenses and other major items. Around July each year, each province publishes a unified standard based on local statistics. The parties need to provide evidence to determine the amount of compensation based on their household registration, disability level, dependents in family members, personal income, hospitalization** nursing and other factors;

3. After the occurrence of a traffic accident, the parties need to pay attention to collecting evidence such as traffic accident identification, medical records, invoices and lists of medical expenses, personal income certificates, residence certificates, household registration of the blind members of the family, and transportation expenses, so that they can be used in the litigation.

If the work-related injury caused by a traffic accident has already paid the medical expenses, nursing expenses, disability equipment expenses, and wages for lost work, the enterprise or the work-related injury insurance agency shall not pay the corresponding benefits.

Legal basis: Article 74 of the Road Traffic Safety Law of the People's Republic of China: For a dispute over compensation for traffic accident damages, the parties concerned may request mediation by the traffic management department of the public security organ, or they can directly file a civil lawsuit with the people's court.

After mediation by the traffic management department of the public security organ, if the parties fail to reach an agreement or do not perform after the mediation agreement takes effect, the parties may file a civil lawsuit with the people's court.

1. How to make a claim for social insurance for work-related injuries after a traffic accident?

After a traffic accident, it is determined that it is a work-related injury, and you can get double compensation, but double compensation is not the sum of the two types of compensation, how to compensate, the law does not uniformly stipulate, but depends on the local regulations, many places are the difference compensation, that is, the first according to the traffic accident compensation, the compensation amount is lower than the bureau to determine the standard of work-related injury insurance treatment, and the difference is made up by the work-related injury insurance. In some places, after the injured person is compensated by the party responsible for the accident, the work-related injury compensation has to be deducted, such as medical expenses.

The legal basis is the Regulations on Work-related Injury Insurance

Article 21 If an employee suffers a work-related injury and has a disability that affects his or her ability to work after the injury is relatively stable, he or she shall conduct an appraisal of his or her ability to work.

Article 22 The appraisal of labor ability refers to the grade appraisal of the degree of labor dysfunction and the degree of self-care disorder.

There are 10 levels of disability for labor dysfunction, with the most severe being level 1 and the least being level 10.

There are three levels of self-care disorders: complete inability to take care of oneself, inability to take care of oneself most of one's life, and partial inability to take care of oneself in life.

The standards for the appraisal of labor ability shall be formulated by the social insurance administrative department in conjunction with the health administrative department and other departments.

2. How to calculate work-related injury compensation after traffic accident compensation?

1. If a traffic accident occurs on the way to and from work that is not the main responsibility of the person, it is a work-related injury.

2. Specifically, you can first apply for the recognition of work-related injuries at the banquet, which should be done within one year from the date of the work-related accident. After the work-related injury is identified, the labor ability appraisal will be conducted, and compensation will be made according to the appraisal results. According to local standards and actual compensation:

Medical expenses, lost work expenses, nursing expenses, hospital meal allowance, one-time disability allowance. In the event of resignation or termination of the contract, a one-time medical subsidy for work-related injuries and a one-time employment subsidy for disability shall also be paid.

3. After the injury is stable, the work-related injury level can be identified.

4. If the labor or employment contract is terminated upon expiration, or the employee himself proposes to terminate the labor or employment contract, the work-related injury insurance shall pay a one-time medical subsidy for work-related injury, and the employer shall pay a one-time disability employment subsidy. One-time medical allowance for work-related injuries: wages during work-related injuries shall be paid at the rate of wages for normal working hours.

To sum up, Tong digging after the traffic accident is identified as a work-related injury, can get double compensation, after all, the law does not prohibit the enjoyment of double treatment, but it is not the sum of the two compensation, how to compensate depends on some local regulations.