A car accident to a silkworm cripple caused by a delivery to a private company is not considered a w

According to the labor law, as long as the employment relationship between you and the private company is established, and the injury is sustained on the job, it is considered a work-related injury.

Of course, it's a work-related injury, but it depends on whether you have a contract or not, and if you have a contract, then it's much easier to compensate.

The absence of a contract is considered to constitute a de facto employment relationship.

work-related,; Injuries sustained while performing work duties are considered work-related injuries.

The law has detailed rules on what constitutes a work-related injury, and this type of work-related injury is a work-related injury.

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) 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.

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 In any of the following circumstances, an employee shall not be deemed to have suffered a work-related injury or be treated as a work-related injury:

1) Due to a crime or violation of the administration of public security**;

2) Drunkenness causes **;

3) Self-harm or suicide.

Everyone has made it so clear, let's fight for your own legitimate rights and interests.

As long as it is caused by going to work during the working hours specified by your employer.

All of them are work-related injuries.

The Regulations on Work-related Injury Insurance are programmatic regulations applicable to the determination of work-related injuries, and the situation you mentioned meets the requirements of Article 14 and should be recognized as work-related injuries.

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) 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.

Remember the three elements of work-related injuries.

Working hours. Place of work.

Reasons for work. You can refer to this.

5) Injured or unaccounted for in an accident while away for work;

So who do you have a de facto employment relationship with? Who pays you?

Count, because he hired your labor for a period of time, which is stipulated in the Labor Code.

I'm glad you put your trust in me.

It's just that the problem is not detailed enough.

The law stipulates that: 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) 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 motor vehicle accident on the way to and from work;

7) Other circumstances that shall be recognized as work-related injuries as provided by laws and administrative regulations.

The circumstances that are regarded as work-related injuries are as follows: first, during working hours and at work, death from sudden illness or death within 48 hours after rescue efforts fail; (2) being harmed in the course of emergency rescue and disaster relief and other activities to safeguard national interests or public interests; The third is that the employee was originally serving in the army, was disabled due to war or duty injuries, and has obtained the certificate of revolutionary disabled soldier, and was injured after arriving at the employer.

You can do it according to these regulations.

If you have any questions, please feel free to contact me.

Hello, it belongs to the work death. Compensable:

1) The funeral subsidy is 6 months of the average monthly wage of employees in the overall area in the previous year;

2) The pension for dependent relatives shall be paid to the relatives who provided the main livelihood of the employee who died on the job and were unable to work according to a certain proportion of the employee's own salary. The standard is: 40 per month for spouses, 30 per month for each other relative, and 10 per month for each elderly or orphan who is lonely or orphaned.

The sum of the approved pensions for dependent relatives shall not be higher than the wages of the employee who died in the course of work.

3) The standard of one-time work-related death allowance is 48 months to 60 months of the average monthly wage of employees in the overall area in the previous year.

If an accident occurs at work and dies after rescue is ineffective, the enterprise must report to the ** safety supervision department, and investigate the accident with the intervention of the safety supervision department. Find out the responsibility for the accident. The two sides negotiate the issue of compensation, and in general, it is more than 200,000 yuan and less than 400,000 yuan.

If the negotiation fails, it can also be resolved through judicial means.

As elsewhere, you can look at your employment contract, which should be 80% of your salary, as long as you have an employment contract and you're fine.

1. The way in which the enterprise deals with work-related injuries should be the same, in accordance with the provisions of the Regulations on Work-related Injury Insurance

2. Employees are sent to the hospital in time after being injured. Within one month after receiving the case, apply to the labor department for a work-related injury determination within one month of the accident. **Fees are paid in advance. The salary during the period of abandonment shall be paid by the employer on a monthly basis.

3. After the end, print the medical invoice of the hospital, apply for work-related injury benefits, and transfer it directly to the company's account. If there is a disability, the employee's one-time disability allowance will be transferred to the employee.

4. If there is a disabled person, when terminating the labor relationship with the employee, the employee shall be paid a one-time employment subsidy in accordance with local laws and regulations, and assist the employee to obtain a one-time medical subsidy.

5. Legal provisions: Social Insurance Law

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.

Determination of work-related injuries] The Regulations on Work-related Injury Insurance stipulate that if an employee is injured in an accident, the employer shall submit an application for work-related injury recognition to the labor and social security department within 30 days from the date of occurrence of the accident.

If the employer does not submit an application for recognition of work-related injury, the injured employee, his or her immediate family members, or the trade union organization may directly apply to the labor and social security department where the employer is located for recognition of work-related injury within one year from the date of occurrence of the accident injury.

The following materials shall be submitted to submit an application for determination of work-related injury:

1) Application form for work-related injury recognition (collected by the local labor department);

2) Proof of the existence of an employment relationship (including a de facto employment relationship) with the employer;

3) Medical diagnosis certificate (including copies of outpatient medical records, emergency medical records, and inpatient medical records);

Within 60 days from the date of receipt of the application for work-related injury determination, the labor and social security department shall issue a "Work-related Injury Determination" and notify the unit, the employee or his or her relatives. Employees can apply for work-related injury disability appraisal and enjoy work-related injury benefits with the "Work-related Injury Certificate".

The Labor Law stipulates that if an enterprise does not sign a labor contract with an employee, it will be deemed to have an indefinite labor contract, and the labor relationship must exist.

In addition, if an employee is injured or dies during work, it must be in the nature of a work-related injury, and the enterprise must bear the liability for the work-related injury, and the enterprise cannot apply for work-related injury compensation if it does not purchase insurance for the employee. However, they must bear full liability for compensation according to the city's work-related injury and death compensation standards.

However, at present, the state is not allowed to enjoy the two duplicate insurances at the same time.

If the liability for the car accident is the other party's, the company shall claim compensation from the other party, and the company shall determine the amount of compensation according to whether the amount of compensation paid by the other party exceeds the standard of work-related injury compensation.

This kind of affirmation is considered a work-related injury, and delivery is also work, which is equivalent to an accident that occurs during working hours and within the scope of work. You can go to the labor department to apply for a work-related injury determination.

It's hard to say if you don't have a contract.

At least someone can prove that they worked in that company.

It can be recognized as a work-related injury.

How to apply. I don't know about this.

Wouldn't it be better to call 12333 for consultation?

1. According to the provisions of the Regulations on Work-related Injury Insurance: If a person is injured in a motor vehicle accident on the way to and from work, it shall be recognized as a work-related injury. 2. Since your situation belongs to a public institution, the "Regulations on Work-related Injury Insurance" should not apply.

However, the cost of the fee, including other legal fees, should be paid by your employer.

3. It is recommended that you consult the local personnel department for the specific procedures required to apply for work-related injury identification.

4. You may refer to the Regulations on Work-related Injury Insurance for relevant laws: Article 62 Where a staff member of a State organ or a public institution or social organization that conducts personnel management in accordance with or with reference to the State civil service system suffers from an accident or suffers from an occupational disease as a result of his or her work, the employer shall pay the expenses. The specific measures shall be formulated by the labor and social security administrative department in conjunction with the personnel administration department and the financial department.

Measures for work-related injury insurance of other public institutions, social organizations and all kinds of private non-enterprise units shall be implemented by the administrative department of labor and social security in conjunction with the administrative department of personnel, civil affairs, finance and other departments with reference to these Regulations, and shall be implemented after approval.

It used to be counted! Recently, however, I heard that the Labor Code has been amended to say that what happens when commuting to and from work is no longer considered a work-related injury, but I don't know if it has been implemented.

Since it's over, everything is fine. It's just that your school is chilling and so inhumane.

I think so, ask your legal department over there.

1. It is a work-related injury.

Legal basis: The "Regulations on Work-related Injury Insurance" ("Regulations on Work-related Injury Insurance" has been discussed and adopted at the 5th executive meeting on April 16, 2003, and is hereby promulgated to take effect on January 1, 2004.

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) 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.

The sixth is what you said.

2. The responsibilities of the company are as follows:

Article 29 If an employee is hospitalized and injured at work, the unit shall pay the hospitalization meal subsidy according to 70% of the standard of meal allowance for business trips of the unit; If an injured employee seeks medical treatment outside the overall planning area with a certificate issued by a medical institution and approved by the handling agency, the required transportation, food and lodging expenses shall be reimbursed by the unit in accordance with the standard for employees traveling on business for business purposes.

In the past, some localities provided that if a person was injured in a motor vehicle accident during the ordinary time of commuting to and from work or on a reasonable route, including the injured employee who was not punished by the public security administration although he or she was responsible for the traffic violation, it should be recognized as a work-related injury.

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) 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.