I live in the company dormitory, go to the night shift at night, and fall down on the stairs of the

According to the provisions of the Labor Law, work-related injury declaration can be reported for injuries caused by traffic accidents that are not the main responsibility of the person on the way to and from work.

In this case, the victim fell down accidentally, which was not directly related to his work, and did not constitute a basic condition for applying for a work-related injury.

Falling and injuring yourself on the way to work is not considered a work-related injury. There are only two circumstances in which an accident occurs on the way to and from work for an employee who is deemed to have suffered a work-related injury or is deemed to have suffered a work-related injury: one is to be 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; Second, they are harmed by participating in emergency rescue and disaster relief and other activities to safeguard national interests and public interests. An employee's fall and injury on the way to and from work does not belong to one of the two circumstances, and cannot be recognized as a work-related injury or regarded as a work-related injury. ”

First of all, you can apply to the company for reimbursement of medical expenses, and if not, you can apply for a work-related injury.

OK. Accidental injuries sustained by workers on the way to and from work can be recognized as work-related injuries.

If you are injured on the way to work, you can apply for work-related injury benefits.

I live in the company's dormitory, go to the night shift at night, and fall down on the stairs of the dormitory, can I apply for a work-related injury? Working in the company, whether it is on the way to work or on the way to get off work, as long as something happens, it is a work-related injury.

According to the labor law, it should be possible to apply for work-related injuries.

I think if it's serious, you can file for a work injury.

An accident that occurs on the way to and from work is considered a work-related injury.

Commuting to and from work is counted as a work-related injury.

Summary. Hello <>

If an employee is injured on the way to and from work or during a trip specified by the employer, it can be recognized as a work-related injury. However, if an employee is injured at his or her accommodation and is not related to work, it is generally not considered a work-related injury. The specific situation needs to be judged according to the relevant legal provisions and the actual situation.

Is it considered a work-related injury if an employee falls in the dormitory while going to work?

Hello [give you a little caution], if the employee is injured on the way to and from work or during the itinerary specified by the unit, then it can be determined as a work-related injury. However, if an employee is injured at his or her accommodation and is not related to work, it is generally not considered a work-related injury. The specific situation needs to be judged according to the relevant legal provisions and the actual situation.

Extended supplement: The Regulations of the People's Republic of China on Work-related Injury Insurance stipulate that work-related injury and blindness refer to injuries or illnesses suffered during work due to work-related reasons. Whereas, the working period includes working hours and the workplace, but does not include private activities outside of work.

Therefore, the injury caused by the fall of the employee on the way to and from work can be recognized as a work-related injury; Accidents that occur in the dormitory are not considered work-related injuries unless they are caused by work. However, if the company provides accommodation for the employee, and the accident that occurs at the accommodation location is related to work, it can also be recognized as a work-related injury.

Therefore, if an employee falls and is injured in the dormitory on the way to work, whether it is counted as a work-related injury needs to be judged according to the specific circumstances. If the employee has already left the dormitory and started walking to work, and it is still during working hours, then this situation may be considered a work-related injury. However, if an employee has not yet started work, such as a lead potato accident while resting in the dormitory or preparing to leave the house, it may not be recognized as a work-related injury.

The employee went to work at 10 o'clock and was about to go out at about 9:50 and fell.

Is it considered a work injury? As for the situation where the employee goes to work at 10 o'clock and is about to go out at about 9:50 and falls, it also needs to be analyzed in detail. If an employee falls while doing a personal activity in the dormitory instead of preparing for work, it is not counted as a work-related injury; However, if an employee falls while preparing for work, it may be recognized as a work-related injury because it was an accident that occurred on the way to work.

If an employee goes to work from the dormitory and falls down the stairs and is injured, it is generally not considered a work-related injury.

According to the provisions, 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) 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.

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) 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) During the period of going out for work, they are injured due to difficulties and rough work, or their whereabouts are unknown in the event of an accident; 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.

If an employee goes to work from the dormitory and falls down the stairs and is injured, it is generally not considered a work-related injury. According to the regulations, 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 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 in which laws, administrative regulations, and rules shall be recognized as work-related injuries.

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 work-related 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) During the period of going out for work, they are injured due to difficulties and rough work, or their whereabouts are unknown in the event of an accident; 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 in which laws, administrative regulations, and rules shall be recognized as work-related injuries.

After work, the employee returned to the company dormitory, but fell and injured himself in the company dormitory. If you fall at home, people don't think it's a work injury, but since it happened in the dormitory of the Akaji Akaji at a public banquet, some people think that there is a possibility of a work injury, so is it considered a work injury if you fall in the company dormitory after work? Here's what I've found out about for you.

1. Is falling in the company dormitory after work considered a work-related injury?

It is not a work-related injury for a worker to fall and injure himself in the company's dormitory after work.

If a worker is injured in the company's dormitory after work, it is not a work-related injury because it is not injured during working hours, in the workplace, or due to work-related reasons, and does not meet the conditions for determining work-related injuries stipulated in the Regulations on Work-related Injury Insurance.

Regulations on Work-related Injury Insurance

Article 14 stipulates that if an employee has any of the following circumstances, it shall be deemed to be a work-related injury:

1) During working hours and in the workplace, the accident is injured 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.

2. How to determine the time of work-related injury identification

If the employer fails to submit an application for work-related injury recognition in accordance with the provisions of the preceding paragraph, the injured employee or his immediate family members or trade union organization may, within one year from the date of occurrence of the accident injury or the date of diagnosis or appraisal of an occupational disease, directly submit an application for work-related injury determination to the labor and social security administrative department of the area where the employer is located.

Is a fall in the company dormitory after work considered a work-related injury? No matter where you fall after work, it is generally not considered a work-related injury, and only a fall on the way to work may be classified as a work-related injury. If a worker who falls and is injured in a company dormitory after work can get compensation, those who want to fight for their rights can ask a lawyer about whether they can get compensation.

It is not a work-related injury. If an employee falls and injures himself in the process of returning to the dormitory after work, it may be recognized as a work-related injury, but if he or she falls and is injured during the rest period after returning to the dormitory, it is not a work-related injury. If an employee falls and injures himself in the company's dormitory, whether it is considered a work-related injury is treated differently.

If it is due to work, it is a work-related injury; Otherwise, it is not a work-related injury.

The determination of work-related injuries should take into account the following factors:

1. The time element, that is, the injury suffered by the employee should occur during working hours. This working time includes both the normal clock-in/out time of the organization and the working time when the organization temporarily schedules work tasks, such as overtime hours scheduled by the organization. Even if the working hours have not arrived or have passed, as long as the preparatory or finishing work related to the work is carried out in the workplace, it shall also be considered to be during the working hours.

2. The location element, that is, the injury suffered by the employee should occur in the workplace. This workplace includes both the fixed workplace of the employer and other places outside the fixed workplace that accepts the arrangement of the employer.

3. The content element, that is, the injury to the employee's socks must be related to the content of the work he is engaged in, and he is injured in the process of engaging in his or her work task.

How long does it take for an employee to be compensated after the work-related injury is determined.

1) After receiving the disability appraisal conclusion, the worker and the employer may apply for work-related injury insurance benefits after terminating the labor contract; The employee can submit the application materials for work-related injury insurance benefits to the employer, and then the employer will apply for the work-related injury insurance compensation window of the labor department on behalf of the employee, and then settle all the compensation and wages in a lump sum when the employee and the employer terminate the labor contract.

2) When the employee and the employer terminate the labor contract, they can first negotiate with the employer to receive a one-time employment subsidy, and then the company shall issue various supporting materials, and then apply for other one-time work-related injury insurance benefits at the work-related injury insurance compensation window of the labor department with the work-related injury certificate and appraisal conclusion.

The standard of compensation is closely related to the employee's work-related injury level, and the injured employee cannot terminate the labor relationship with the employee during the statutory medical treatment period, and the employer cannot terminate the labor relationship with the employee, but also pay the employee wages as usual.

Legal basis.

Regulations on Work-related Injury Insurance

Article 14 stipulates that 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.