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An employee's fall on a bicycle on the way to work does not fall within the scope of work-related injuries and cannot be judged as work-related injuries, and only traffic accidents that occur on the way to and from work that are not the person's primary responsibility can be judged as work-related injuries. or if you participate in work during working hours, an accident occurs in order to be considered a work-related injury.
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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Calculate! It should be recognized as 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) Being injured in a motor vehicle accident while commuting to or from work;
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Well, accidents that occur during commuting hours are work-related injuries.
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No, it is a work-related injury if you are injured in order to perform a work task during off-duty hours, such as when you are working overtime.
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Legal analysis: Falling on a bicycle after work is generally not a work-related injury. On the way to and from work, a person who is injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train for which he or she is not primarily responsible shall be found to be a work-related injury.
In any of the following circumstances, an employee shall not be found to have suffered a work-related injury: intentionally committing a crime; drunk or addicted to drugs; Self-harm or suicide.
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 he or she is not primarily responsible;
7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.
Article 30 Employees who are injured in accidents or suffer from occupational diseases due to work shall enjoy 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.
**If the expenses required for work-related injuries meet the requirements of work-related injury insurance diagnosis and treatment items, work-related injury insurance drug lists, and work-related injury insurance hospitalization service standards, they shall be paid from work-related injury insurance**. The catalogue of work-related injury insurance diagnosis and treatment items, the catalogue of work-related injury insurance drugs, and the hospitalization service standards of work-related injury insurance shall be prescribed by the social insurance administrative department in conjunction with the health administrative department, the food and drug supervision and administration department and other departments.
The food subsidy for the work-related injury of the employee housing and information hospital, as well as the transportation, accommodation and transportation expenses required for the injured employee to seek medical treatment outside the co-ordination area shall be paid from the work-related injury insurance, and the specific imitation round wheel standard for payment shall be stipulated by the people of the co-ordination area.
Injured employees are not entitled to medical treatment for work-related injuries and shall be dealt with in accordance with the basic medical insurance measures.
If the work-related injury employee goes to the medical institution that has signed the service agreement to carry out the work-related injury**, if it meets the requirements, it shall be paid from the work-related injury insurance**.
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Legal analysis: Riding a bicycle on the way to and from work is not considered a work-related injury, walking to and from work, as a pedestrian, on the way to and from work, if an accident occurs, whether it can be recognized as a work-related injury, this needs to distinguish different situations, first of all, he accidentally fell down, this is definitely not a work-related injury, because the pedestrian is falling and he did not notice the relevant environment, and at this time he was also not under the premise of the traffic environment. Secondly, if you are hit by a car, whether it can be recognized as a work-related injury, generally as long as a pedestrian is hit by a car, it can be recognized as a work-related injury on the way to and from work, because the motor vehicle is generally an accident with a pedestrian, the motor vehicle is mainly responsible, and the premise of the traffic environment is also satisfied, so it can constitute a work-related injury, and in the last case, the pedestrian is hit by a moped or a pedestrian can be recognized as a work-related injury, and the moped is not a motor vehicle, so the nature of the pedestrian is basically the same, depending on whose responsibility is greater.
Legal basis: Article 14 of 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) Injured in an accident during working hours and in the workplace due to work inspection 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 an occupational disease, (5) Being injured or having an accident during the period when he was out for work, or where his whereabouts were 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.
According to the above laws, falling on a bicycle after work is not a work-related injury.
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For employees who fall and injure themselves on the way to and from work are generally not considered work-related injuries, however, if they fall and injure themselves on the way to and from work, which is not the main responsibility of the employee, such as an accident caused by a road problem, it should be recognized as a work-related injury.
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A person who is injured in a traffic accident that is not the person's primary responsibility while commuting to or from work is considered a work-related injury. Therefore, there are two conditions that need to be met for riding a bicycle off work to constitute a work-related injury, the first is that it needs to be injured by a traffic accident or an urban rail transit, passenger ferry, or train accident, and the injury from walking and falling is not counted. The second is that it must not be the primary responsibility of the person.
In other words, I am not responsible, secondarily liable, or equally responsible in the accident. In addition, commuting refers to commuting to and from work within a reasonable time between the place of work and the place of residence, the place of habitual residence, and the dormitory of the unit. If a fall on a bicycle after work meets the above conditions, it constitutes a work-related injury in accordance with the law, and the victim can enjoy the benefits of work-related injury.
On the other hand, if you fall while riding a bicycle after work, or if you fall due to a traffic accident but you are primarily responsible, or if you are not on your way to and from work as prescribed by law, it is not 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 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) Injured in an accident while engaged in preparatory or finishing work related to work and 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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1. If you fall on a bicycle while getting off work, is it considered a work injury?
1. Falling while riding a bicycle at work is not considered a work injury. Work-related injury refers to the sudden accidental injury of body tissues caused by the direct action of external factors in the process of production and labor, such as ** and its acute chemical poisoning caused by occupational accidents.
2. Legal basis: Article 36 of the Social Insurance Law of the People's Republic of China.
If an employee is injured in an accident or suffers from an occupational disease due to work-related reasons, and is recognized as a work-related injury by Tencay, he or she shall enjoy work-related injury insurance benefits; Among them, those who lose their ability to work after the appraisal of their ability to work enjoy disability benefits.
The determination of work-related injuries and the evaluation of labor or shouting ability shall be simple and convenient.
Article 37.
If an employee is at work due to one of the following circumstances, it shall not be deemed to be a work-related injury:
1) Intentional crime;
2) Drunkenness or drug abuse;
3) self-harm or suicide;
4) Other circumstances provided for by laws and administrative regulations.
Article 38.
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. Let the group call) to the transportation and accommodation expenses for medical treatment outside the co-ordination 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.
2. What are the double compensation items for work-related traffic accidents?
1. Work-related injury: one-time disability subsidy and one-time work-related death subsidy;
2. Traffic accidents: disability compensation, death compensation;
3. Work-related injuries: disability allowance, one-time work-related injury medical subsidy and disability employment subsidy;
4. Traffic accidents: nutrition expenses, mental loss expenses, accommodation expenses for escorts, and food expenses.
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No, on the way to and from work, only those who are injured in traffic accidents or accidents in urban rail transit, passenger ferries, or trains for which they are not primarily responsible can be recognized as work-related injuries, and those who fall while riding a bicycle cannot be recognized as work-related injuries.
1. Whether the employee's responsibility for running a red light is considered a work-related injury.
1. If a car accident occurs because the employee runs a red light, it is not considered a work-related injury, and on the way to and from work, he is injured in a traffic accident that is not his main responsibility or an accident involving urban rail transit, passenger ferry, or train; It is a work-related injury. Therefore, even if it is a red light, as long as the worker does not bear the main responsibility for the traffic accident, it can be recognized as a work-related injury; 2. Employees who drive without a license, drive an unlicensed vehicle, drive a vehicle after drinking, run a red light, drive in the wrong direction and other serious traffic violations that cause injury to their own children are their main responsibilities and shall not be recognized as work-related injuries.
2. Is an injury on the way to and from work considered a work-related injury?
Not necessarily, it depends on the actual situation. According to the sixth paragraph of Article 14 of the Regulations on Work-related Injury Insurance, a person who is injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train for which he or she is not primarily responsible while commuting to or from work may be deemed to have suffered a work-related injury. In other words, the following three conditions need to be met at the same time to be considered a work-related injury:
"On the way to and from work" that requires a reasonable time and a reasonable route; The injury was caused by "a traffic accident or an accident involving urban rail transit, passenger ferry, or train"; The accident must be "not the primary responsibility of the person".
3. Does the company have compensation for falling and injuring yourself after work?
There are only two circumstances in which an accident occurs on the way to and from work for which an employee is deemed to be a work-related injury or is treated as a work-related injury: one is to be injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train for which he or she is not primarily responsible; Second, they were harmed in activities to safeguard national interests and public interests, such as participating in Sun Jia's emergency rescue and disaster relief. An employee's fall and injury on the way to and from work does not belong to one of the two circumstances, and cannot be recognized as a work-related injury or regarded as a work-related injury.
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