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Where they are hit by a car on the way off work and are not primarily responsible, it shall be found to be a work-related injury.
Paragraph 6 of Article 14 of the Regulations on Work-related Injury Insurance stipulates that 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 on the way to and from work, it shall be deemed to be a work-related injury. If an employee is hit by a car outside the factory after work, and if it is on the way to leave work, and it is at a reasonable time and a reasonable route, it shall be deemed to be a work-related injury.
If the factory does not apply for work-related injury determination, the individual employee and his or her close relatives may apply to the local human resources and social security bureau for work-related injury recognition within one year.
To apply for work-related injury identification, employees need to submit: "Application Form for Work-related Injury Identification" (collected and filled in at the local human resources and social security bureau); "Traffic Police in Traffic Accidents" or the people's court's ruling; A copy of the labor or employment contract or other supporting materials for the existence of labor relations (including de facto labor relations) and personnel relations with the employer; A certificate of post-injury diagnosis issued by a medical institution.
When an individual employee applies for a work-related injury determination, it is not a necessary procedure for the factory to sign and seal it.
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Go to the labor bureau or the court to apply for work-related injury compensation.
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Hello, if you call the police, it can be determined that the non-main responsibility can be recognized as a work-related injury, and you can call for details.
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Yes, it is considered a work injury on the way to and from work.
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It's a work-related injury.
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.
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Legal analysis: traffic accidents should occur on the road, and being hit by a car in the factory is not a crack hidden accident, because being hit by a car in the workplace is a work-related injury.
Legal basis: Article 14 of the Regulations on Work-related Injury Insurance An employee shall be deemed to have suffered a work-related injury if he or she has 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) On the way to and from work, being injured in a traffic accident or an accident involving urban rail transit, passenger ferries, or trains 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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The injuries caused by motor vehicles in the factory are caused by the injuries caused by the trouser car.
Article 14 of the Regulations on Work-related Injury Insurance.
In 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) 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. If an employee has any of the following circumstances, it shall be regarded as a work-related injury:
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) The employee was originally serving in the army, but was disabled due to war or duty injuries, and has obtained a disabled military certificate, and is 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. Employees who meet the requirements of Articles 14 and 15 of these Regulations, but have any of the following circumstances, must not be found to be 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.
1. What are the relevant provisions for work-related injuries caused by traffic accidents?
Compensation for personal injuries caused by traffic accidents must first have an accident liability determination issued by the traffic police department, which is the beginning of all liability basis. According to the proportion of responsibility division of the Hudan traffic police force, the responsibility is carried out. If you have insurance, contact the insurance company as soon as possible.
Secondly, for personal injuries caused by traffic accidents, the main scope of compensation includes medical expenses, hospitalization expenses, nursing expenses, nutrition expenses, lost work expenses, one-time disability allowance, mental damages, etc. The foundation is based on the identification of the disability level. Disability level assessment is carried out by a specialized appraisal agency.
Third, after the disability level is confirmed, the compensation liability is determined based on the average salary of the local employee in the previous year, as well as the age and household registration of the victim.
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In any of the following circumstances, it shall be deemed to be a work-related injury: :(1) 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 In any of the following circumstances, an employee shall be deemed to have suffered a work-related injury:
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 injuries sustained in war or in the line of duty, and have obtained a certificate of disabled revolutionary servicemen, but 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 An employee who meets the requirements of Articles 14 and 15 of these Regulations, but falls under any of the following circumstances, shall not be deemed to have suffered a work-related injury or be 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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Summary. Were you at work at the time?
Were you at work at the time?
I go to the toilet to pass through other workshops, large companies stipulate that people go inside the yellow line, forklifts outside the yellow line, but the third party called for high illegal forks of two plates of material (fertilizer) can not see the road caused me to be or round, I use and the group ruler unit does not report to me work-related injuries, contracts and other information in his place, what should I do.
If a work-related injury cannot be recognized, it is a personal injury.
The Social Security Bureau can Huai Xiqing see that I am working in Yunhai, but he did not show the information, only said that he would assist me in finding a third party to cooperate and negotiate, and said that you have nothing to do with my company, and I felt very confused before the lead.
Are you a labor service or an employment relationship?
I signed a contract, it seems to be accident insurance, and the boss accepted it after signing it, and my employer is outsourcing.
If you are in an employment relationship, there is no work-related injury.
Can I find a formal unit?
You can go to arbitration, but it probably won't work.
The third party also belongs to the outsourcing unit, and the third party should be fully responsible, but if the compensation is too small, my company will not be responsible at all.
Yes, there is no compensation without a labor relationship.
But I have a labor relationship with him in the company, but this unit is an outsourcing, I have been working for a year, and you have a labor relationship with **, **compensation.
But you're not at work.
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1. If the work-related injury can be determined by the company, it can also be applied by the individual;
2. Labor arbitration does not accept work-related injury determination, and you need to apply directly to the Social Security Bureau;
3. Generally, if it is not caused by a traffic accident on and off work, but if you fall and are injured, it is unlikely that you will be recognized as a work-related injury, but it is mainly determined by the Social Security Bureau.
Look].
It is not an occupational disease. It is not a work-related injury. >>>More
It should be a work-related injury.
I have taken a look at the "Regulations on Work-related Injury Insurance" and the "Measures for the Determination of Work-related Injuries", and I have a full set of measures for what to do. Just follow the instructions above. It is necessary to go through the identification of work-related injuries, the identification of disability, and finally the compensation according to the level of disability. >>>More