What qualifies as 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.

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.

On the way to and from work, he was injured while working overtime.

<>Definition of work-related injury:

Workers are injured in the workplace or on the job.

Workers are injured on the way to and from work for reasons not attributable to them. For example: bus, subway and other accidents.

The worker is injured or injured by the outside world in the workplace or at work as a result of performing his duties.

A worker is injured due to work-related reasons.

The above articles can be defined as work-related injuries.

Next, let me talk about the process of doing the work.

Recognition of work-related injuries:

First of all, it is necessary to identify the work-related injury and go to the Human Resources and Social Security Bureau to identify the work-related injury.

Within one month, the unit shall declare; if it is more than one month but less than one year, it shall be self-declared by the individual; If it is more than one year, it will not be accepted.

It is necessary to provide proof of the employment relationship, that is, the employment contract, or the existence of the labor relationship. If there is an employment contract, that's the best. If not, you need to go to labor arbitration to apply for recognition of the employment relationship.

Identification of work-related injuries:

It should be noted that after the work-related injury is identified, the work-related injury must be identified.

Appraisal by the Labor Ability Appraisal Committee. Generally, after the work-related injury is identified, the Department of Social Security will inform you of the time of the appraisal.

Applying for Work-related Injury Benefits:

If the company pays social insurance, that is, the work-related injury insurance, it is paid by the Social Security Bureau.

If the company does not pay social insurance, that is, it does not pay the work-related injury insurance, in this case, the company will pay the work-related injury benefits, and if the company refuses to pay, it can go to labor arbitration.

There is also a situation that belongs to the humanitarian, moral category

For example, you still have to work for this company, and the injury is not serious, just a sprain or something. The company is willing to pay for all your medical expenses, as well as the regular salary for sick leave, and some subsidies and so on.

When I was in a company, I sprained my foot when I went out to apply for a provident fund. When I returned to the office, I said that I would go to the hospital after work, but the proprietress insisted on driving me to the hospital immediately, and I was very moved.

Later, when I was on sick leave, the company reimbursed all my medical expenses, and my salary was paid normally, and I also paid a sum that month, which can be regarded as nutrition expenses.

The injury was not serious, and the proprietress was so good, I didn't go to work. Moreover, the company has paid supplementary medical care for all employees, and there are not many such good companies and such good bosses.

When a worker is engaged in occupational activities or activities related to occupational activities, he or she suffers injuries from adverse factors or occupational diseases. During working hours and in the workplace, injuries are caused by work, there are also injuries made before and after working hours, in the workplace, in work-related preparatory or social work, during working hours and in the workplace, and some accidental injuries suffered in the performance of work duties during working hours and in the workplace.

Work-related injuries refer to injuries suffered by employees at work or in the workplace, which are called work-related injuries, and are work-related injuries, such as subway accidents, bus accidents, accidents encountered on the way to work, injuries at work, and injuries suffered by employees on business trips.

Legal Analysis: Work-related injuries are also known as "work-related injuries" and "work-related injuries". Employees are injured in production or work.

Work-related injuries are caused by the performance of routine work and work temporarily designated or agreed by the administration of the enterprise, the work that is not designated by the administration of the enterprise but is beneficial to the enterprise in an emergency, and the work of invention or technological improvement. If a worker or employee is injured on the job, all the medical expenses, medicine expenses, hospitalization expenses, meals during hospitalization and medical treatment expenses shall be borne by the enterprise administration; Wages are paid during the medical treatment period; When the person is determined to be disabled, depending on the degree of disability, the labor insurance premium shall pay the work-related disability pension or the work-related disability subsidy. 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 area.

In case of special circumstances, the time limit for application may be appropriately extended with the consent of the social insurance administrative department. Where an application for determination of work-related injury shall be submitted to the provincial-level social insurance administrative department in accordance with the provisions of the preceding paragraph, it shall be submitted to the social insurance administrative department of the districted city level where the employer is located in accordance with the principle of territoriality.

Legal basis: 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.