On the last day of work, is being hit by a motor vehicle on the way to work count as a work injury?

During the last day of work, there is also an employment relationship. If a traffic accident occurs on the last day of commuting, if the person is not primarily responsible, it should be classified as a work-related injury.

You can apply to the Human Resources and Social Security Bureau for work-related injury determination, and you need to provide materials: application form for injury determination, labor contract, medical diagnosis certificate, traffic accident liability determination and other materials.

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.

Article 17 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 region. In case of special circumstances, the time limit for application may be appropriately extended with the consent of the social insurance administrative department.

If the employer fails to submit an application for recognition of work-related injury in accordance with the provisions of the preceding paragraph, the injured employee or his close relatives or trade union organization may, within one year from the date of occurrence of the accident injury or the date of diagnosis or appraisal of an occupational disease, directly submit an application for recognition of work-related injury to the social insurance administrative department of the coordinating area where the employer is located.

Article 18 The following materials shall be submitted to submit an application for determination of work-related injury:

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).

Paragraph 6 of Article 14 of Chapter 3 of the Regulations on Work-related Injury Insurance stipulates that "if a 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 while commuting to or from work, it shall be deemed to be a work-related injury."

According to the above provisions, on the last day of work, if you are hit by a motor vehicle on the way to work, if it is a traffic accident for which you are not primarily responsible (according to the regulations, the determination of "not your primary responsibility" shall be based on the legal documents issued by the traffic management department or the effective ruling of the people's court) or if you are injured in an accident of urban rail transit, passenger ferry, or train, it shall be recognized as a work-related injury, otherwise it cannot be recognized as a work-related injury.

According to the Regulations on Work-related Injury Insurance, if an employee 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 on the way to and from work, it shall be deemed to be a work-related injury. There are two points to note here, one is that the injury must occur "on the way to and from work", that is, on the way from the employee's place of residence to the workplace, both during the employee's normal working hours and on the way to and from work overtime.

The second must be injured in a traffic accident for which the person is not primarily responsible. As long as these two conditions are met, it should be recognized as a work-related injury.

The difference between a work-related injury and a work-related injury is:

The subjects and their relationships are different. Work-related injuries occur in labor relations, that is, between employers and employees, and work-related injuries occur between state organs, public institutions and social organizations managed with reference to the Civil Servants Law and their staff.

The basis for determining treatment is different. Work-related injury benefits shall be determined by the work-related injury insurance regulations and local administrative regulations. Compensation for work-related injuries shall be formulated by the departments of personnel, labor and social security in conjunction with the departments of finance.

Whether or not you can participate in work-related injury insurance benefits are different. Work-related injuries can participate in work-related injury insurance and enjoy work-related injury insurance benefits. Work-related injuries cannot participate in work-related injury insurance, and cannot enjoy work-related injury insurance benefits, but enjoy relevant work-related injury benefits.

The subject of payment of benefits is different. Work-related injuries are entitled to work-related injury insurance benefits, and those who participate in work-related injury insurance shall be paid by work-related injury insurance** according to regulations, and those who have not participated in work-related injury insurance shall be paid by the employer according to the work-related injury insurance benefits. The treatment for work-related injuries shall be paid by the employer.

Dispute resolution avenues are not the same. In the event of a dispute over work-related injury benefits, labor dispute arbitration, application for administrative reconsideration, filing of administrative litigation and civil litigation may be applied to resolve the dispute according to the specific circumstances. If there is an objection to the treatment of the unit's work-related injuries, it can only pass the personnel dispute arbitration award first, and if the person is not satisfied with the award, he may file a civil lawsuit with the people's court.

The law clarifies whether a traffic accident on the way to and from work can be recognized as a work-related injury, and when it comes to the handling of relevant circumstances, the work-related injury identification department shall determine the cause of the accident, and the accident liability issued by the traffic police department can also be determined, so as to avoid the error in the identification of work-related injuries caused by the wrong application of law. Do you understand?

Legal basis: Regulations on Work-related Injury Insurance

Article 14 In any of the following circumstances, it shall be found to be a work-related injury:

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

According to the Regulations on Work-related Injury Insurance, if an employee 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 on the way to and from work, it shall be deemed to be a work-related injury. There are two points to note here, one is that the injury must occur "on the way to and from work", that is, on the way from the employee's place of residence to the workplace, both during the employee's normal working hours and on the way to and from work overtime.

Second, it must be injured in a traffic accident for which it is not the main responsibility of the person. As long as these two conditions are met, it should be recognized as a work-related injury. How to compensate for work injuries in traffic accidents.

1. The traffic accident compensation has paid medical expenses, funeral expenses, nursing expenses, disability equipment expenses, and lost wages. The enterprise or the work-related injury insurance agency will no longer pay the corresponding benefits (the lost time wage for traffic accident compensation is equivalent to the work-related injury allowance).

If the enterprise or the work-related injury insurance agency pays the relevant expenses in advance, the employee or his relatives shall repay the traffic accident compensation after receiving it.

2. If the death compensation or disability living allowance paid by the traffic accident compensation has been received by the first employee or his relatives, the one-time work-related death subsidy or one-time disability subsidy of the work-related injury insurance will no longer be paid.

If the death compensation or disability living allowance paid for traffic accident compensation is lower than the one-time work-related death subsidy or one-time disability subsidy of work-related injury insurance, the enterprise or work-related injury insurance agency shall make up the difference.

3. If an employee dies or becomes disabled due to a traffic accident, in addition to the relevant benefits in accordance with the above two items, other work-related injury insurance benefits can also be enjoyed in accordance with the regulations.

4. If the injured employee cannot receive compensation for the traffic accident due to the escape of the traffic perpetrator or other reasons, the enterprise or the work-related injury insurance agency shall give the work-related injury insurance benefits in accordance with the regulations. The above is the relevant content summarized by the lawyer for everyone, if you still have relevant legal advice or other matters do not understand, you can also call ** lawyer to answer, I hope to help you. Regulations on Work-related Injury Insurance

Article 14 In any of the following circumstances, it shall be found to be a work-related injury:

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

Calculate. A car accident on the way to work is considered a work-related injury. As long as the person involved in the motor vehicle accident is not caused by his own cause.

Accidents and injuries caused by employees during and off time, working hours, workplaces, and work-related reasons are all work-related injuries that have been identified by professional institutions.

What materials need to be submitted for the application for work-related injury determination?

1. Fill in the Application Form for Identification of Work-related Injuries of Employees in quadruplicate;

2. Carry the labor contract between the employee and the enterprise;

3. The first day of the rescue hospital or designated medical institution and the certificate of continuous ** diagnosis;

4. ID card and unit certificate of the injured person;

5. In the case of traffic accident injury or violent injury, the responsibility ruling of the public security department and the relevant handling certificate shall be submitted, and if the whereabouts are unknown, the ruling of the judicial department shall be submitted;

6. Proof of work-related injury;

7. Business license of the employer;

8. Proof of payment of work-related injury insurance;

9. Injured employees**.

Laws and Regulations] Article 14 of the Regulations on Work-related Injury Insurance.

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-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.

Count as a work-related injury. If an employee encounters a traffic accident on the way to and from work, it can be recognized as a work-related injury, but the following conditions must be met at the same time:

First, the traffic accident must have occurred at the specified time of commuting;

Second, it must have been a traffic accident on the route to and from work;

Third, it must be that the person is not responsible or is not primarily responsible;

Fourth, it must be a road traffic accident caused by a motor vehicle.