When I was off work, I was riding on a worker s motorcycle and broke my leg bone, and I have obtaine

1. Whether a broken leg bone can be rated as a disability level is very important and directly related to the amount of compensation.

2. Expenses such as leg injury expenses and lost work expenses, nursing expenses, hospitalization living allowances, transportation expenses (if the disability level is evaluated, there are also disability compensation and spiritual solace funds) and other expenses shall be borne by the party responsible for the accident.

3. You can claim compensation from two parties for this accident, one is to claim compensation from the party responsible for the traffic accident for tort injury, and the compensation standard is available to the traffic police and the court, which is very easy to calculate. The second is to make a claim for work-related injury compensation to the work unit, which is the compensation for which the social security and the unit are jointly responsible, and the social security department also has compensation standards, which are also very easy to calculate.

4. Because I don't know what your injury is and whether you can be rated as disabled, the amount of compensation cannot be determined.

Your "leg bone is broken", according to the work-related injury identification standard, if you have internal fixation surgery, no functional impairment after internal fixation is grade 9. If there is no internal fixation, it is a grade of ten.

Work-related injury treatment: 1. Medical treatment: reimbursement of medical expenses, hospital meal subsidy is paid by work-related injury insurance** according to local standards, and if nursing is required, if the unit does not have anyone to take care of it, the unit shall pay nursing expenses according to local standards.

2. Suspension of work and pay period treatment: ** work-related injury needs to determine the period of suspension of work and pay, usually issued by the medical institution of ** work-related injury, confirmed by the labor ability appraisal committee, generally not more than 12 months, the original salary and benefits during the period of suspension of work and pay remain unchanged, paid by the unit on a monthly basis.

Calculation: My salary x number of months of leave of absence =

3. A one-time disability subsidy shall be paid by work-related injury insurance**: the standard is 9 months' salary for grade 9 disability, 7 months' salary for grade 10 disability, and the average monthly salary for the 12 months before the injury.

Calculation: Level 9: Personal salary x 9 = Level 10: Personal salary x 7 =

4. If the labor relationship is terminated, the work-related injury insurance** shall pay a one-time medical subsidy for work-related injuries, and the unit shall pay a one-time disability employment subsidy. The standards vary from place to place, if you need to calculate, please inform your province and city, I can add.

The work-related injury certificate has been obtained, in which case the employer should be responsible. After receiving the certificate, after your injury is stabilized, the employer will apply to the labor department for a disability evaluation. The results will be available within a month.

The specific compensation depends on the level of work-related injuries that can be assessed. After the disability is appraised, the compensation shall be made with reference to the work-related injury insurance regulations, and the employer shall be negotiated first, and if it fails, apply to the labor department for labor arbitration. The labor department will call the shots for you. Generally don't sue the unit, because you can't afford to drag it out.

According to Article 14 of the Regulations on Work-related Injury Insurance, there are mainly the following types of work-related injuries:

Injured in an accident during working hours and in the workplace due to work-related reasons; Here, it is necessary to understand and grasp the essence of "accidents" as "accidental losses or disasters", which are gradual (such as chronic poisoning, schistosomiasis infection, etc.) and sudden (such as the collapse of the work frame, injuries caused by falling objects from heights, etc.), and should not be confined to a sudden situation.

Injured in an accident while engaged in work-related preparatory or finishing work in the workplace before or after working hours Injuries such as violence during working hours and in the workplace due to the performance of work duties.

Suffering from occupational diseases.

During the period of going out for work, the person is injured due to work reasons or the whereabouts of an accident are unknown.

Injured in a traffic accident for which he or she is not primarily responsible, or an accident on an urban transportation track, passenger ferry, or train while commuting to or from work.

Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.

2) Article 15 of the Regulations on Work-related Injury Insurance stipulates that an employee shall be deemed to have suffered a work-related injury under any of the following circumstances:

Death from sudden illness during working hours and at work, or death within 48 hours after rescue efforts failed.

Harmed in emergency rescue and disaster relief and other activities to preserve national or public interests.

Employees who originally 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.

Injuries sustained on the way to and from work are considered work-related injuries, as long as they are not on the way to work.

On the way to work, he fell on a bicycle and broke his bones. When applying for a work-related injury, the factory said that it needed an accident liability certificate, and the factory did the right thing.

Work-related injuries, also known as industrial injuries, occupational injuries, industrial injuries, and work-related injuries, refer to injuries caused by adverse factors and occupational diseases suffered by workers when engaging in occupational activities or activities related to occupational activities. At its core, it is the "reason for work.""。(colloquially known as the "three jobs").

Specifically, you can see Articles 14 and 15 of the Regulations on Work-related Injury Insurance.

Paragraph 6 of Article 14 of the Regulations on Work-related Injury Insurance clearly stipulates that "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" falls within the scope of work-related injuries that can be determined. In this article, three elements that can be recognized as work-related injuries while commuting to and from work are clarified:

The first is a reasonable time and a reasonable road section, the second is that the person is not primarily responsible, and the third is a traffic accident or urban rail transit, passenger ferry, or train accident injury.

It's been 20 days, and you can only go to the traffic police to consult and see if they can give you a certificate.

In real life, the general traffic police will only issue a certificate of what accident happened in what area on the same day, so it is a bit mysterious that you have to identify this matter as a work injury.

A unilateral accident is not a work-related injury.

Traffic accidents on the way to work that are not the main responsibility of the person may be recognized as work-related injuries 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.

It cannot be recognized as a work-related injury, and it can only be recognized as a work-related injury if it is not wholly responsible for a traffic accident on the way to and from work.

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 14 (6) of the Regulations on Work-related Injury Insurance stipulates that if an employee 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, it shall be deemed to be a work-related injury.

What kind of responsibility the parties bear in a traffic accident should be based on the certificate of the public security traffic police department. Only when the traffic police department issues a certificate that is not the main responsibility of the person may be recognized as a work-related injury. I am afraid that you will be fully responsible for your situation, so it cannot be counted as a work-related injury.

It doesn't belong. If you are injured in a motor vehicle accident on your way to and from work, it is a work-related injury, and because you fell and injured yourself in a non-motor vehicle accident on the way to work, it cannot be recognized as a work-related injury, so you are entitled to sick pay during your illness**. After the expiration of the medical treatment period, you will be asked to return to your original job.

It's not a work-related injury.

Lawyer Xu Tao.

A traffic accident occurring while commuting to and from work can be recognized as a work-related injury.

Lawyer Zhan Dingdong of Zongheng Legal Network.

[Determination of work-related injury]:

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;

Driving a motorcycle after work and injuring yourself all responsibility is not considered a work-related injury.

Article 14 (6) of the Regulations on Work-related Injury Insurance stipulates that "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 shall be deemed to have suffered a work-related injury. However, if an employee falls and is injured on a motorcycle on the way off work, the traffic police determine that he is fully responsible, and does not meet the conditions for determining work-related injuries, and cannot be recognized as work-related injuries.

With a work-related injury certificate, you also need to undergo a labor ability appraisal after your injury is stabilized. To apply for labor ability appraisal, you need to submit an application form (to be collected and filled in at the office of the Labor Ability Appraisal Committee, generally located in the local human resources and social security bureau), a work-related injury certificate, and medical records. You can only claim after the results of the labor ability appraisal are available.

Since I don't know the specific situation of your injury, I estimate that you should be between level 7 and 10, except for the medical expenses reported and the original salary and benefits during the suspension period (**** period), there is a food subsidy during hospitalization, a one-time disability subsidy for disability, and a one-time medical subsidy and employment subsidy for work-related injuries when the labor relationship is terminated, which is stipulated in Article 37 of the Regulations on Work-related Injury Insurance and the Opinions on the Implementation of the Regulations on Work-related Injury Insurance of the provinces and cities where they are located.

You can also claim compensation for traffic accidents according to the law, however, some provinces and cities stipulate that work-related injury insurance is only the difference in compensation, and the Social Insurance Law stipulates that medical expenses cannot be double-paid, and social insurance should recover from the perpetrator.

Attached: Regulations on Work-related Injury Insurance

Article 37 Where an employee is assessed as having a disability of Grade 7 to Grade 10 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.

There is no compensation for work-related injuries. It is only during the ** period and the recuperation period that the unit is responsible for the cost of medicine and lost work. Until it's good.

The amount of compensation is a little more than your medical expenses, and you can't just ask for it.

It is not a work-related injury. 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; It should be recognized 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) Wearing a wheel stool during working hours and in the workplace, and being injured by violence or other accidents 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 traffic accident for which he or she is not primarily responsible, or an accident involving urban or city rail transit, passenger ferry, or train while commuting to or from work;

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

Deemed work-related injuries and disability caused by work-related injuries: (1) Injuries suffered during working hours and workplace or public interest activities are not counted as work-related injuries; (2) Other circumstances in which the person is injured in a train accident such as emergency rescue and disaster relief, is injured due to war, is injured due to work-related reasons, or is missing in an accident, is injured in an accident due to work-related reasons, dies of a sudden illness or dies within 48 hours after rescue efforts are ineffective, and other circumstances that administrative regulations provide shall be recognized as work-related injuries; (3) Employees who previously served in the military or passenger ferries have obtained revolutionary disabled military certificates; (2) Being in the workplace before or after working hours, and being injured after arriving at the employer; (5) Injured by a traffic accident or urban rail transit for which he or she is not primarily responsible, or injured by a dust accident while engaged in work-related preparatory or finishing work, or injured by violence or other accidents due to the performance of work duties; (3) during working hours and in the workplace; (4) Suffering from an occupational disease shall be deemed to be a work-related injury; (7) Laws. Article 15 Employees have any of the following circumstances:

a) during working hours and in the workplace; (6) On the way to and from work. Article 14 of the Regulations on Work-related Injury Insurance An employee falls under any of the following circumstances.

The above explanations and explanations can only be used as a reference.

Specifically, please ask the work-related injury lawyer to go to the eggplant cover Zen to confirm. Reach.