My husband came home from work and got into a traffic accident on the road?

Injuries caused by falls on the way to and from work are generally not considered work-related injuries, and only those who are injured in traffic accidents or accidents involving urban rail transit, passenger ferries, or trains for which they are not primarily responsible will be recognized as work-related injuries on the way to and from work.

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.

According to the relevant provisions of the Labor Law! A traffic accident on the way home from work should be recognized as a work-related injury!

A traffic accident on the way to and from work that is not the primary responsibility of the person concerned may be recognized as a work-related injury.

If it is recognized as a work-related injury, it needs to be proven:

In a traffic accident, the person is not primarily responsible, which can be determined by the traffic accident liability determination issued by the public security organ;

On the way to and from work.

Opinions of the Ministry of Human Resources and Social Security on Several Issues Concerning the Implementation of the Regulations on Work-related Injury Insurance (II).

6. A reasonable route between the employee's work unit and his or her place of residence within a reasonable time for the purpose of commuting to and from work shall be deemed to be on the way to and from work.

Provisions of the Supreme People's Court on Several Issues Concerning the Trial of Administrative Cases of Work-related Injury Insurance.

Article 6: Where the social insurance administrative departments determine that the following circumstances are "on the way to and from work", the people's courts shall support them:

1) Commuting to and from work by a reasonable route between work and residence, habitual residence, or unit dormitory within a reasonable time;

2) Commuting to and from work within a reasonable time by a reasonable route between the place of work and the place of residence of the spouse, parents, or children;

3) Engage in activities that are necessary for daily work and life, and commute to and from work at a reasonable time and on a reasonable route;

4) Commuting to and from work on other reasonable routes within a reasonable time.

If you have already left work, you have to bear the accident yourself, but the driver who caused the accident also has to bear a certain amount of responsibility, but it does not belong to the scope of work-related injuries.

If you think you have a traffic accident, you don't have to be sad, and then you have to take care of him or something, hoping to be able to grasp the rights and interests of your husband is healthy or something.

Traffic accidents do not fall within the scope of work-related injury determination.

On the way to and from work, those who are injured in traffic accidents or accidents in urban rail transit, passenger ferries, or trains for which they are not primarily responsible may be found to be work-related injuries.

It should be noted that when applying for a work-related injury determination, it must be clear that the person is on the way to and from work, and the traffic accident is not the main responsibility of the person, and at the same time, it can be recognized as a work-related injury only if it is a reasonable time and reasonable route on the way to and from work.

If a worker has a traffic accident on the way to work, and it is not his fault, he or she can be recognized as a work-related injury and compensated by work-related injury insurance**. According to China's Regulations on 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 or from work, it shall be deemed to be a work-related injury.

1. Is a fight on the way to work and driving without a license considered a work-related injury?

It is determined on a case-by-case basis. If it is not wholly or primarily responsible, it may be found to be a work-related injury. According to Article 14 of the Regulations on Work-related Injury Insurance, a person who 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 shall be deemed to have suffered a work-related injury while commuting to or from work.

2. Is off-duty work recognized under the Labor Law?

Injuries sustained in an accident while commuting to or from work are considered work-related injuries. According to the relevant provisions of the Regulations on 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 or from work, it shall be deemed to be a work-related injury. It should be noted in this regulation that the traffic accident encountered on the way to and from work cannot be caused by the main responsibility of the employee, otherwise it cannot be recognized as a work-related injury.

3. Is a fall on the way to work considered a work-related injury? What evidence is needed.

A fall on the way to work is not considered a work-related injury. The determination of work-related injury must be caused by work-related reasons, and the self-injury is one's own cause. In any of the following circumstances, it shall be found to be a work-related injury:

suffering from occupational diseases; 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; Injured in an accident during working hours and in the workplace due to work-related reasons; Other.

Article 14 of the Regulations on Work-related Injury Insurance.

If an employee has 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) Causing an accident to be 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) Where laws and administrative regulations provide that it shall be recognized as a work-related injury, the circumstances of his or her work-related injuries.

How to deal with traffic accidents is as follows:

1) Stop immediately. After a traffic accident, the vehicle must stop immediately. After stopping, tighten the hand brake, cut off the power supply, turn on the hazard lights, and open the wide lights and tail lights if there is an accident at night.

In the event of an accident on the highway, a hazard warning sign must also be set up behind the vehicle according to the regulations. Keep a clear head, be calm, and remember not to panic.

2) The car width should be reported in a timely manner. After the accident, the parties should call "122"** or entrust passing vehicles and pedestrians to report the time, place, vehicle and ** situation of the accident to the nearby public security organs or on duty, and cannot leave the scene of the accident before the police arrive. If necessary, you can also call for help from nearby medical units, emergency centers, and fire departments while calling for the police.

3) Rescue the wounded. If someone is injured in the accident, you should try to send it to the hospital for rescue**, except for minor injuries and refusal to go to the hospital for diagnosis, you can generally stop a passing vehicle or notify the emergency department and the hospital to send an ambulance to rescue. For those who can take rescue measures on the spot, they should do their best to rescue them.

In the absence of passing vehicles or ambulances, the accident vehicle can also be used to send the injured to the hospital for rescue, but the landing location of each wheel of the accident vehicle and the inversion of the injured should be traced, marked, and personnel should be left to take care of the scene.

4) Protect the site. Maintaining the integrity of the scene and obtaining the original evidence at the time of the accident are of great significance for judging the cause of the accident and determining the responsibility for the accident. Therefore, the scene should be protected before the arrival of the traffic police, except for the need to rescue the injured and property, the vehicle, the injured, and the items that caused the accident at the scene shall not be moved without authorization, and the location should be marked when it must be moved.

In case of rain, wind and other weather, local materials should be taken, and the traces should be covered with plastic sheets, mats and other materials to protect them. If necessary, the parties can use ropes and other means to set up a protective cordon to prevent unrelated personnel and vehicles from entering and avoid man-made damage to the scene. When marking the site, try not to obstruct traffic.

If the traffic of vehicles is indeed likely to damage the scene and endanger safety, the scene can be temporarily closed, traffic can be interrupted, and the traffic police will be completed after the investigation of the scene.

5) Do a good job of fire and explosion prevention measures. In order to prevent the expansion of the accident, the driver should first turn off the engine of the vehicle and eliminate other hidden dangers that can lead to the police. Do not smoke at the scene of the accident to prevent ignition of flammable and explosive materials.

In the event of an accident involving a vehicle carrying dangerous goods, the chemical characteristics of the dangerous goods, such as whether they are toxic, flammable and explosive, corrosive, loaded, leakage, etc., should be notified to the fire personnel in order to take preventive measures.

6) Assist in on-site investigation and evidence collection. When the traffic police investigate the scene and investigate and collect evidence, the parties must truthfully state the traffic accident to the traffic police department, and must not conceal the true situation of the traffic accident.

Legal analysis: According to the provisions of relevant laws of China, if an employee has a traffic accident during the commuting process, if it is not the main responsibility of the employee, he can apply for work-related injury recognition and obtain work-related injury compensation.

Legal basis: Article 14 of the Regulations on Work-related Injury Insurance If an employee has any of the following circumstances, he or she 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 shall be found to be injuries caused by laws and administrative regulations.

According to the relevant provisions of the "Regulations on Work-related Injury Insurance", if you are injured in a traffic accident that is not your primary responsibility or an accident involving rail transit, passenger ferry, or train in Chengfeng Suiqi City on the way to and from work, it shall be recognized as a work-related injury. The Provisions of the Supreme People's Court on Several Issues Concerning the Trial of Administrative Cases of Work-related Injury Insurance have refined the provisions on "commuting to and from work", and the Provisions will come into force on September 1. Article 6 of the "Provisions" is clear:

Where the social insurance administrative departments determine that the following circumstances are "on the way to and from work", the people's courts shall support it: (1) Commuting to and from work by a reasonable route between the place of work and the place of residence, the place of habitual residence, or the dormitory of the unit within a reasonable time; 2) Commuting to and from work within a reasonable time by a reasonable route between the place of work and the place of residence of the spouse, parents, or children; (3 Silver Brigade) engage in activities that are necessary for daily work and life, and commute to work at a reasonable time and on a reasonable route; 4) Commuting to and from work on other reasonable routes within a reasonable time.