Please help with the problem of work related injury, work related injury problem, urgent

In accordance with the provisions of Article 14 of the Regulations on Work-related Injury Insurance, Article 14 An employee shall be deemed to have suffered a work-related injury if he or she has any of the following circumstances: 6Injured in a motor vehicle accident while commuting to or from work;

According to the understanding of this article, it is true that the injury must be made by a motor vehicle.

However, there is still a great deal of controversy about whether electric vehicles are motor vehicles or non-motor vehicles, and Article 119 of the Road Traffic Safety Law of the People's Republic of China stipulates:

"Motor vehicle" refers to a wheeled vehicle that is driven or towed by a power unit and driven on the road for personnel or for transporting goods and carrying out special engineering operations.

Therefore, it can be basically determined that electric vehicles are also motor vehicles.

In fact, the courts will often support such cases.

As for half an hour, it has no effect, only that it is said that on the way to and from work, there is no specific time for how long it is, and as long as it is on the road from the factory to home, even if you go to the supermarket in a circle, it will not affect the establishment of the work-related injury.

If you sue, the odds are quite good.

It's a work-related injury, I'm engaged in labor law, your problem is definitely a work-related injury, you can ask the unit for compensation, you can consult a local lawyer for specific details and operation methods!

On the one hand, the elderly who caused the accident are required to compensate, and on the other hand, the employer is required to recognize the work-related injury, if the employer does not apply for the recognition of work-related injury within 3 months of the incident, your uncle can apply to the labor department for recognition of work-related injury within 1 year of the incident.

An accident that occurs on the way to and from work can be considered a work-related injury as long as it is a necessary road. Find out the work-related injury regulations, come up with evidence, and negotiate with the unit.

First of all, whether the battery tricycle is a motor vehicle needs to be confirmed, the landlord can first consult the traffic management department (preferably the provincial level) legal department, the battery tricycle is characterized as a motor vehicle or a non-motor vehicle, and then decide the following things.

Regarding the characterization of battery tricycles, my opinion is that motor vehicles are used for the following reasons:

1.Existing court judgments are regarded as motor vehicles.

2.There are such vehicles as motor vehicles.

3.There are relevant department documents pointing out that such traffic accidents are treated as motor vehicles.

4.Some of the responses were for motor vehicles (but this may vary from province to province).

Hello: The "Regulations on Work-related Injury Insurance" stipulates that if the employer does not declare the work-related injury within one month of the injury, the family members of the injured employee and the trade union can file a complaint within one year, but the work-related injury benefits at this time are fully borne by the employer (social security ** can also share a large part of the cost during the normal declaration).

The insurance company you said belongs to commercial insurance, and he asked you to apply for work-related injury in order to reduce the amount of his compensation, that is to say, the work-related injury insurance payment items and the payment items of commercial insurance overlap by the overlapping part, once the work-related injury insurance pays (such as: medical expenses, lost work wages, escort expenses, etc.), the commercial insurance company can no longer pay. To be sure, there is no legal basis for his approach.

However, the work-related injury benefits stipulated in the Regulations on Work-related Injury Insurance are relatively high, which is not comparable to commercial insurance, and some of the work-related injury benefits are paid by the employer, so the employer does not want you to declare the work-related injury.

As for your injury, you can refer to the provisions of GBT-16180-2006 in the "Classification of Disability Caused by Work-related Injuries and Occupational Diseases of Employees", the national law has given the injured employee the right to declare the work-related injury, as for whether to declare or your personal decision, the time limit is within one year of the injury.

I don't know if I understand.

After the labor bureau first identifies the work-related injury, and then does the disability level appraisal after the end, it should be set at 10, and the compensation is about 40,000 yuan, including a one-time disability subsidy, a one-time work-related injury medical subsidy and a disability employment subsidy; There is a regional difference!

Your boss buys commercial insurance, and the insurance company can order it!

You can go to the basis that you should be above 50,000 as long as you hurt the bones can be rated, maybe at level 9.

Take the regular channel. Slow down, slow down. So as not to get the time to rip off.

Collect or keep the relevant evidence that can prove the employment relationship between your mother and the employer when she was working in the company, and apply to the local labor department for a work-related injury.

You can go to the social security bureau to apply for a work-related injury determination, and the expenses can be borne by the unit after the identification, and the employer can apply for labor arbitration if it does not pay.

Regulations on Work-related Injury Insurance

Article 17 If an employee is injured in an accident or 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, within 30 days from the date of occurrence of the accident injury or the date of diagnosis or appraisal of an occupational disease, submit an application for recognition of work-related injury to the social insurance administrative department of the coordinating region. In case of special circumstances, the time limit for application may be appropriately extended with the consent of the social insurance administrative department.

If the employer fails to submit an application for recognition of work-related injury in accordance with the provisions of the preceding paragraph, the injured employee or his close relatives 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 recognition of work-related injury to the social insurance administrative department of the coordinating area where the employer is located.

Matters that shall be determined by the provincial-level social insurance administrative department in accordance with the provisions of the first paragraph of this Article shall be handled by the social insurance administrative department at the districted-city level where the employer is located in accordance with the principle of territoriality.

If an employer fails to submit an application for determination of work-related injury within the time limit specified in the first paragraph of this Article, the employer shall bear the relevant expenses such as work-related injury benefits incurred during this period that comply with the provisions of these Regulations.

Article 18 The following materials shall be submitted to submit an application for determination of work-related injury:

1) Application form for determination of work-related injury;

2) Proof of the existence of an employment relationship (including a de facto employment relationship) with the employer;

3) Medical diagnosis certificate or occupational disease diagnosis certificate (or occupational disease diagnosis and appraisal certificate).

The application form for determination of work-related injury shall include basic information such as the time, place, and cause of the accident, as well as the degree of injury of the employee.

Where the materials provided by the applicant for work-related injury determination are incomplete, the social insurance administrative department shall inform the applicant of all the materials that need to be supplemented and corrected in writing at one time. After the applicant requests to supplement and correct the materials in accordance with the written notice, the social insurance administrative department shall accept it.

After the accident injury occurs, the unit shall, within 30 days from the date of the accident injury, submit an application for recognition of work-related injury to the social insurance administrative department of the coordinating area. If the unit fails to submit an application for work-related injury determination in accordance with the provisions of the preceding paragraph, the injured person, his close relatives, or the trade union organization may directly submit an application for work-related injury determination to the social insurance administrative department of the area where the unit is located within one year from the date of the accident injury. After the determination is confirmed, the work-related injury appraisal can be applied for, and the compensation can be calculated finally.

The amount of compensation is calculated based on the following items: (1) Medical expenses. **The cost of work-related injury must meet the requirements of the work-related injury insurance diagnosis and treatment items, the work-related injury insurance drug list, and the work-related injury insurance hospitalization service standards.

2) Hospitalization meal subsidy. If an employee is hospitalized and injured at work, the unit shall pay the hospitalization meal subsidy according to 70% of the food subsidy standard of the unit for business trips. (3) Transportation, accommodation and food expenses for medical treatment in other places.

4) **** fee. (v) Assistive device fees. (6) Wages for the period of suspension of work.

vii) Living care expenses. (viii) One-time disability allowance. (ix) Disability allowance.

10) One-time disability employment allowance and one-time medical subsidy for work-related injuries. (11) Funeral grants. (12) Pension for dependent relatives.

13) One-time work-related death allowance. Legal basis: Article 30 of the Regulations on Work-related Injury Insurance Employees who are injured in accidents or suffer from occupational diseases due to work shall enjoy medical treatment for work-related injuries.

Employees who are injured at work shall seek medical treatment in a medical institution that has signed a service agreement, and in case of emergency, they can first go to the nearest medical institution for first aid. **If the expenses required for work-related injuries meet the requirements of work-related injury insurance diagnosis and treatment items, work-related injury insurance drug lists, and work-related injury insurance hospitalization service standards, they shall be paid from work-related injury insurance**. The catalogue of work-related injury insurance diagnosis and treatment items, the catalogue of work-related injury insurance drugs, and the hospitalization service standards of work-related injury insurance shall be prescribed by the social insurance administrative department in conjunction with the health administrative department, the food and drug supervision and administration department and other departments.

The food subsidy for the hospitalization of the employee for the work-related injury, as well as the transportation, accommodation and accommodation expenses required for the work-related injury employee to seek medical treatment outside the co-ordination area shall be paid from the work-related injury insurance, and the specific standard of payment shall be stipulated by the people of the co-ordination area.

Work-related injuries are also known as "work-related injuries" and "work-related injuries".

Employees are injured in production or work. According to the provisions of the state, those who are injured while performing routine work and work temporarily designated or agreed by the enterprise administration, engaging in work that is not designated by the enterprise administration but are beneficial to the enterprise in an emergency, and engaging in invention or technological improvement work are all work-related injuries. The Regulations of the People's Republic of China on Labor Insurance, amended and promulgated by the Government Council on January 2, 1953, stipulate that if a worker or employee is injured on the job, all his medical expenses, medicine expenses, hospitalization expenses, meals during hospitalization and medical expenses shall be borne by the enterprise administration. Wages are paid during the medical treatment period; When the employee is determined to be disabled, the employee shall be paid a monthly disability pension or work-related disability allowance from the labor insurance premium, depending on the degree of disability.

1.I don't keep my mother here, I have my own place to keep my mother, I can't do it as a cleaner, and I am not an official ape;

2.The factory is already threatening your mother, if you want to continue working in the factory, don't report the work-related injury; It is estimated that the factory did not help employees pay work-related injury insurance, and they would be fined if they reported work-related injuries; punish them to death on the day of the dog;

3.If the factory does not report to the individual to declare, it does not matter if there is no certificate, the factory has the right to present evidence, if it cannot be proved that it is not a work-related injury, it cannot prevent the determination of work-related injury.

I don't know how old your mother is this year, if you are over 50 years old, and the employer is no longer a labor relationship, but an employment relationship, then you can't identify a work-related injury, you can only forensic medical identification, identify the level, and go to the court to sue for compensation, if you are under 50 years old, then you can declare the work-related injury identification, the unit does not report, and the individual can also declare, and it is best to consult the work-related injury department of the local social security department.

If the work-related injury is determined to have a certificate problem, the employer does not report the work-related injury, and it is also necessary to provide labor contract materials, personal certificates, medical records, etc.

If you have a fracture, you can find a way to apply for a work-related injury, and if you don't have a fracture, you can negotiate with your employer about medical expenses and normal wages.