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1. If you are injured during non-working hours and are injured due to non-work reasons, it should not be judged as a work-related injury, and the specific result shall be subject to the result of the work-related injury certificate issued by the labor department.
2. In accordance with 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) 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 An employee shall be deemed to have suffered a work-related injury under any of the following circumstances:
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 national or public interests;
3) Employees who previously served in the army, were disabled due to war or duty injuries, and have obtained the certificate of revolutionary disabled soldiers, and 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 you are injured at work, it is considered a work-related injury, and the time you are talking about is after work, and if it is not overtime, it is not considered a work-related injury.
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In the employment contract, if you are on your way to and from work (if you are on a regular route), it can be counted as a work-related injury. There are also work-related injuries for work.
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A work-related injury is a work-related injury caused by a work-related injury or in the course of work.
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Article 14 of the Regulations on Work-related Injury Insurance stipulates that "if an employee has any of the following circumstances, it shall be deemed 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. Training) During the period of going out for work, the person is injured due to work reasons or the whereabouts of the accident are unknown;
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.
1. The subject of the application for work-related injury determination.
1) Employer's application for work-related injury recognition: When 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 Control of Occupational Diseases, the employer shall apply for work-related injury recognition in accordance with the law, which is its legal obligation.
2) Application for work-related injury recognition by the injured employee or his/her immediate family members or trade union organizations: If the employer fails to submit an application for work-related injury determination within the prescribed time limit, the injured employee or his/her immediate family members and trade union organizations may directly apply for work-related injury recognition in accordance with the law. Accordingly, such an application must meet a precondition, that is, the employer has not submitted an application for work-related injury recognition within the prescribed time limit.
If a non-employee is injured in an accident or is diagnosed or identified as an occupational disease in accordance with the provisions of the Law on the Prevention and Treatment of Occupational Diseases, the injured employee, his or her immediate family members, or trade union organizations can directly apply for work-related injury recognition. In this case, the direct application for work-related injury determination is a civil right rather than an obligation for the injured employee or his or her immediate family members. At the same time, the law authorizes trade union organizations to also enjoy the right to apply for work-related injury recognition, so as to safeguard the legitimate rights and interests of injured employees.
2. Time limit for recognition application.
1) Time limit for the employer to apply for recognition of work-related injury: 30 days, calculated from the date of occurrence of the accident injury or the date of diagnosis or appraisal of occupational disease. In case of special circumstances, the time limit for application may be appropriately extended with the consent of the social insurance administrative department.
As for what constitutes "special circumstances" and what constitutes "appropriate extension", it is up to the social insurance administrative department to determine and decide at its discretion. If the employer fails to apply for a work-related injury determination during the above-mentioned period, the injured employee, his or her immediate family members, or trade union organizations may directly apply for a work-related injury determination.
2) The time limit for the injured employee or his immediate family members or trade union organizations to apply for work-related injury recognition: 1 year, calculated from the date of occurrence of the accident injury or the date of diagnosis and appraisal of the occupational disease. This period is the exclusion period.
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China's work-related injury insurance regulations stipulate that it is necessary to determine whether a fracture on the way to work is a work-related injury based on the circumstances. If the following conditions for the determination of work-related injuries are met, it is a work-related injury: 1. Injured in an accident due to work-related reasons during working hours and in the workplace; 2. Injured at work in the workplace before or after working hours because of work-related preparatory or finishing work; 3. During working hours and in the workplace, the work-related injury is caused by the performance of work duties; 4. Suffering from occupational diseases.
1. Accidents caused by absenteeism are not considered work-related injuries.
Absenteeism and accidents are not considered work-related injuries. According to the Regulations on Work-related Injury Insurance, 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 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. During working hours and in the workplace, due to violence and other accidental injuries due to the performance of work duties;
4. Suffering from occupational diseases.
5. During the period of going out for work, the person is injured due to work reasons or the whereabouts of the accident are unknown;
6. Being injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train that is not the person's primary responsibility while commuting to or from work;
7. Other circumstances that shall be recognized as work-related injuries as provided by laws and administrative regulations.
Article 14 of the Regulations on Work-related Injury Insurance stipulates that an employee shall be deemed to have suffered a work-related injury if he or she falls 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.
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Count as a work-related injury. 1. Apply for work-related injury recognition first. The employer shall, within 30 days from the date of the accident injury, and the injured employee within 1 year from the date of the accident injury, directly submit an application for work-related injury determination.
The application for work-related injury recognition shall be filled in the Application Form for Work-related Injury Determination, and the following documents shall be submitted: (1) other valid proof of the labor contract text; (In the case of a de facto employment relationship, if the employer does not admit the omission, it shall apply to the labor dispute arbitration commission for confirmation of the de facto employment relationship). (2) A post-injury diagnosis certificate issued by a medical institution, etc.
2. Appraisal of working ability (appraisal of disability level). If the injured employee has expired or the injury is in a relatively stable state during the period, he or she may submit an application for labor ability appraisal, fill in the "Labor Ability Appraisal (Confirmation) Form for Work-injured Employees", and submit: (1) 1 copy of the work-related injury determination decision or the "Work-related Injury Certificate"; (2) 1 copy of the ID card of the person being evaluated, 2 copies of one inch**; (3) Copies of the medical records, diagnosis certificates, physical and chemical test reports, CT, X-rays and other diagnosis and treatment materials of the person being evaluated; (4) Miscellaneous.
3. Work-related injury benefits. Disability includes: Medical expenses, Hospital meal allowance, Nursing expenses, Lump sum disability allowance
Employee's monthly wage, the number of statutory months (the number of months varies according to different disability levels), one-time medical subsidy: the average monthly wage standard for employees in Chongqing, the number of statutory months (different disability levels correspond to different months), one-time disability employment subsidy or disability allowance, wages during the period of suspension of work: ** time (different times for different injuries) The average salary of the worker in the 12 months before the injury, follow-up ** expenses, disability assistive device expenses, transportation expenses, etc.
If the negotiation fails, the applicant may apply for arbitration or litigation of labor disputes at the place where the accident occurred or where the employer is located.
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 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.
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It is a work-related injury. According to the regulations, if you are injured in an accident during working hours and in the workplace due to work-related reasons, it is a work-related injury. Employees who are injured in accidents or suffer from occupational diseases due to work are entitled to 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.
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 due to work-related reasons during the time of return to work and the time of rapid promotion in the workplace; (2) Injured in an accident while engaged in work-related preparatory or work-related preparatory or work-related 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) Being injured in a motor vehicle accident 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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It is considered a work-related injury, and an accident occurs on the way to and from work on other reasonable routes within a reasonable time. The Trial Measures for Work-related Injury Insurance for Employees of Enterprises clearly stipulate the scope of work-related injuries. Where an employee is injured, disabled, or dies due to any of the following circumstances, it shall be found to be a work-related injury, and its scope is as follows:
1.Those who are engaged in the daily production or work of the unit or the work temporarily designated by the responsible person of the unit, and in an emergency, engage in work that is directly related to the major interests of the unit, although they have not been designated by the responsible person of the unit. 2.
Upon arrangement or consent of the responsible person of that unit, engaging in scientific experiments, inventions, creations, and technological improvement work related to that unit. 3.Occupational diseases caused by exposure to occupational harmful factors in the production and working environment.
4.During the production working hours and in the area, accidental injuries caused by unsafe factors, or death due to sudden illness due to work tension or total loss of labor after the first rescue**. 5.
Personal injury caused by the performance of duties. 6.Engaging in rescue, disaster relief, rescue, and other activities to safeguard the interests of the state, society, and the public.
7.Disabled servicemen who have been disabled in the line of duty or because of the war have been injured after recovering from their majors and working in the enterprise. 8.
During the period of going out on business, due to work reasons, the person is injured or missing due to a traffic accident or other accident, or dies due to a sudden illness or loses labor force after the first rescue**. 9.An accident occurs during the commute to work on other reasonable routes within a reasonable time is a work-related injury.
Legal basisArticle 14 of the Regulations on Work-related Injury Insurance.
In any of the following circumstances, an employee shall be deemed to have suffered a work-related injury: (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 that laws and administrative regulations provide shall be recognized as work-related injuries.
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