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The principle of work-related injury determination is mainly that accidents occur during working hours, at the place of work, and when doing work-related things, if these three elements are met, the injured person will not be held accountable in the work-related accident, and will be compensated in accordance with the law.
According to Chapter III of the Regulations on Work-related Injury Insurance, work-related injury is determined.
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.
Article 16: Where an employee meets the requirements of Articles 14 and 15 of these Regulations, but in any of the following circumstances, it shall not be recognized as a work-related injury or treated as a work-related injury:
1) Intentionally committing a crime;
2) Drunk or drug addiction;
3) Self-harm or suicide.
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Those who meet the conditions for work-related injuries are work-related injuries, and have nothing to do with wearing rings and gloves on their hands. If it is worn illegally, it is also a work injury.
Determination of work-related injury] Article 14 An employee shall be found to have suffered a work-related injury in 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;
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Determination of work-related injury] Article 14 An employee shall be found to have suffered a work-related injury in 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;
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Is it an injury at work? If it is, it is considered a work-related injury. Troublesome.
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Legal analysis: A broken middle finger tendon is considered a work-related injury. It is judged to be non-disability, but the specific result is subject to the results of the labor ability appraisal.
The compensation for the non-disability level mainly includes the work-related injury insurance, which bears the medical expenses and the subsidy for living expenses during hospitalization, and the unit pays the salary and treatment of the employee during the period of suspension of work and salary. The following expenses incurred due to work-related injuries shall be paid from work-related injury insurance** in accordance with national regulations:
1. Medical expenses and expenses for work-related injuries;
2. Hospitalization meal subsidy;
3. Transportation and accommodation expenses for medical treatment outside the overall planning area;
4. The cost of installing and configuring assistive devices for the disabled;
5. For those who are unable to take care of themselves, the living care expenses confirmed by the Labor Ability Appraisal Committee;
6. One-time disability subsidy and monthly disability allowance for disabled employees of grades 1 to 4;
7. When the labor contract is terminated or dissolved, the one-time medical subsidy shall be enjoyed;
8. In the event of a work-related death, the funeral subsidy, the pension for dependent relatives and the work-related death subsidy received by the surviving family members;
9. Labor ability appraisal fee.
Legal basis: Article 39 of the Social Insurance Law of the People's Republic of China stipulates that the following expenses incurred due to work-related injuries shall be paid by the employer in accordance with national regulations:
1) Wages and benefits during the work-related injury;
2) The monthly disability allowance received by the disabled employees of the fifth and sixth grades;
3) A one-time disability employment subsidy that a person who terminates or relieves the labor contract shall be entitled to when the labor contract is terminated.
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Legal Analysis: According to Article 37 of the Regulations on Work-related Injury Insurance, if an employee is identified as a Grade 7 to Grade 10 disability due to work-related disability, he or she shall enjoy the following benefits:
1) A one-time disability subsidy shall be paid according to the level of disability from work-related injury insurance, and the standard is: 13 months' salary for grade 7 disability, 11 months' salary for grade 8 disability, 9 months' salary for grade 9 disability, and 7 months' salary for grade 10 disability;
2) If the labor or employment contract is terminated upon expiration, or the employee himself or herself proposes to terminate the labor or employment contract, the work-related injury insurance shall pay a one-time medical subsidy for work-related injuries, and the employer shall pay a one-time disability employment subsidy. The specific standards for one-time medical subsidies for work-related injuries and one-time employment subsidies for disability shall be prescribed by the people of provinces, autonomous regions and municipalities directly under the Central Government.
Legal basis: Social Insurance Law of the People's Republic of China
Article 38 The following expenses incurred due to work-related injuries shall be paid from work-related injury insurance** in accordance with the provisions of the State:
1) Medical expenses and expenses for work-related injuries;
2) Hospitalization meal subsidy;
3) Transportation and accommodation expenses for medical treatment outside the overall planning area;
4) The cost of installing and configuring assistive devices for the disabled;
5) For those who are unable to take care of themselves, the living care expenses confirmed by the Labor Ability Appraisal Committee;
6) A one-time disability allowance and a monthly disability allowance for employees with disabilities of grades 1 to 4;
7) A one-time medical subsidy to be enjoyed when the labor contract is terminated or dissolved;
8) In the event of a work-related death, the funeral allowance, the pension for dependent relatives and the work-related death allowance received by the surviving family members;
9) Labor ability appraisal fee.
Article 39 The following expenses incurred as a result of work-related injuries shall be paid by the employer in accordance with the provisions of the State:
1) Wages and benefits during the work-related injury;
2) The monthly disability allowance received by the disabled employees of the fifth and sixth grades;
3) A one-time disability employment subsidy that shall be enjoyed when the labor contract is terminated or dissolved.
Article 41 Where an employee's employer fails to pay work-related injury insurance premiums in accordance with law, and a work-related injury accident occurs, the employer shall pay work-related injury insurance benefits. If the employer does not pay, it shall be paid in advance from the work-related injury insurance**.
The work-related injury insurance benefits paid in advance from the work-related injury insurance** shall be reimbursed by the employer. If the employer fails to repay, the social insurance agency may recover compensation in accordance with the provisions of Article 63 of this Law.
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