Spraining from home to work is not considered a work injury

If it is not a work-related injury, does not meet the provisions of the "Regulations on Work-related Injury Insurance", and is injured in a traffic accident for which it is not the main responsibility of the person on the way to and from work, it shall be recognized as a work-related injury, and the sprain on the small building is not 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.

It is not considered a work-related injury. In accordance with the Regulations on Work-related Injury Insurance

Determination of 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) 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 provisions, only motor vehicle traffic accidents for which you are not primarily responsible can be counted as work-related injuries during the commute to work.

Legal analysis: Spraining a foot down the stairs on the way to work is not considered a work injury. If an employee is injured in an accident while commuting to or from work, there are only two circumstances that can be recognized as a work-related injury:

1. Being injured by traffic accidents or urban rail transit, passenger ferries, or train accidents for which he is not primarily responsible; 2. Participating in emergency rescue and disaster relief, safeguarding national interests and public interests are harmed. If an employee falls down the stairs and sprains his foot on the way to work, it does not belong to these two situations and cannot be recognized as 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 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.

Summary. When an employee goes downstairs to work, stepping on the air and falling is not considered a work-related injury. There are only two circumstances in which an employee is injured in an accident on the way to work and is recognized as a work-related injury or treated as a work-related injury

First, at a reasonable time and route, the person 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; Second, they were harmed in the course of emergency rescue and disaster relief and other activities to safeguard national and public interests. Falling downstairs does not meet the conditions for determining work-related injuries, and cannot be recognized as work-related injuries or treated as work-related injuries.

When I go to work, I fall downstairs and get injured, is it considered a work injury?

Hello, consult a lawyer for your service, wait for me a moment.

When an employee goes downstairs to work, stepping on the air and falling is not considered a work-related injury. There are only two circumstances in which an employee is injured in an accident on the way to work and is deemed to be a work-related injury or regarded as a work-related injury: first, he 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 at a reasonable time and route; Second, they were harmed in the course of emergency rescue and disaster relief and other activities to safeguard national and public interests.

Falling downstairs does not meet the conditions for determining work-related injuries, and cannot be recognized as work-related injuries or treated as work-related injuries.

I don't understand. When going to work, falling downstairs is not considered a work-related injury, and it is not due to work reasons or being injured in a traffic accident or an urban rail transit, passenger ferry, or train accident for which it is not my primary responsibility.

According to the relevant provisions of the Regulations on Work-related Injury Insurance, if an employee sprains and falls up and down the stairs during work, he or she can report the work-related injury and enjoy work-related injury compensation after the disability level is assessed. Generally speaking, if an employee is injured during working hours or in the workplace, he or she can apply for work-related injury identification. If the sprain is very minor and does not constitute a disability, the company shall bear the cost of compensation.

Legal basisArticle 4 of the Provisions of the Supreme People's Court on Several Issues Concerning the Trial of Administrative Cases of Work-related Injury Insurance.

Where the social insurance administrative department determines that the following circumstances are work-related injuries, the people's court shall support them: (1) the employee is injured during working hours and in the workplace, and the employer or the social insurance administrative department has no evidence to prove that it was caused by non-work-related reasons; (2) Employees are harmed by participating in activities organized by the employer or being assigned by the employer to participate in activities organized by other units; (3) During working hours, an employee travels between multiple workplaces related to his or her job duties in a reasonable area and is injured as a result of work; (4) Other injuries related to the performance of work duties during working hours and within a reasonable area.

If you sprain your foot during working hours in the company due to work reasons, it is considered a work-related injury. 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 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. During working hours and in the workplace, due to violence and other accidental injuries due to the performance of work duties;

4. Suffering from occupational diseases;

5. Bending the finger during the work trip, being injured due to work reasons or having an accident and missing whereabouts;

6. Being injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train that is not the person's primary responsibility while commuting to or from work;

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

1. What are the procedures for applying for work-related injury recognition?

1. The following materials shall be submitted to apply for work-related injury determination:

1) Application Form for Determination of Work-related Injury;

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

3) Medical diagnosis certificate or occupational disease diagnosis certificate (or occupational disease diagnosis and appraisal certificate).

The application form for determination of work-related injury shall include basic information such as the time, place, and cause of the accident, as well as the degree of injury of the employee.

2. Investigation and verification of work-related injury identification

After accepting an application for recognition of work-related injury, the social insurance administrative department may, as necessary for review, conduct an investigation and verification of the accident injury, and the employer, employee, trade union organization, medical institution and relevant departments shall provide assistance. The diagnosis of occupational diseases and the appraisal of diagnostic disputes shall be carried out in accordance with the relevant provisions of the Law on the Prevention and Treatment of Occupational Diseases. The social insurance administrative department will no longer conduct investigation and verification of those who have obtained a certificate of diagnosis of an occupational disease or an appraisal of an occupational disease in accordance with the law.

3. Make a decision on the determination of work-related injury:

The social insurance administrative department shall make a decision on the determination of work-related injury within 60 days of accepting the application for work-related injury determination, and notify the employee or his close relatives and the employee's unit in writing of the application for work-related injury determination.

The social insurance administrative department shall make a decision on the determination of work-related injury within 15 days of accepting an application for work-related injury determination where the facts are clear and the rights and obligations are clear.

Article 14 (6) of the Regulations on Work-related Injury Insurance: On the way to and from work, the person 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. Therefore, a fall injury cannot be recognized as a work-related injury.

1. Trial Measures for Work-related Injury Insurance for Employees of Enterprises.

In 1996, the former Ministry of Labor of China promulgated the Trial Measures for Work-related Injury Insurance for Employees of Enterprises, which clearly stipulates the scope of work-related injuries. Where an employee is injured, disabled, or dies due to any of the following circumstances, it shall be found to be a work-related injury, and its scope is as follows:

1.Those who are engaged in the daily production or work of the unit or the work temporarily designated by the responsible person of the unit, and in an emergency, engage in work that is directly related to the major interests of the unit, although they have not been designated by the responsible person of the unit.

2.Upon arrangement or consent of the responsible person of that unit, engaging in scientific experiments, inventions, creations, and technological improvement work related to that unit.

3.Occupational diseases caused by exposure to occupational harmful factors in the production and working environment.

4.During the production working hours and in the area, accidental injuries caused by unsafe factors, or death due to sudden illness due to work tension or total loss of labor after the first rescue**.

5.Personal injury caused by the performance of duties.

6.Engaging in rescue, disaster relief, rescue, and other activities to safeguard the interests of the state, society, and the public.

7.Disabled servicemen who have been disabled in the line of duty or because of the war have been injured after recovering from their majors and working in the enterprise.

8.During the period of going out on business, due to work reasons, the person is injured or missing due to a traffic accident or other accident, or dies due to a sudden illness or loses labor force after the first rescue**.

9.An accident occurs during the commute to work on other reasonable routes within a reasonable time is a work-related injury.

1) Commuting to and from work by a reasonable route between work and residence, habitual residence, or unit dormitory within a reasonable time;

2) Commuting to and from work within a reasonable time by a reasonable route between the place of work and the place of residence of the spouse, parents, or children;

3) Engage in activities that are necessary for daily work and life, and commute to and from work at a reasonable time and on a reasonable route;

4) Commuting to and from work on other reasonable routes within a reasonable time.

Injuries on the way to and from work refer to traffic accidents that should occur at a reasonable time and route, and for which the person is not primarily responsible. )

10.Other circumstances stipulated by laws and regulations.