Meituan takeaway employees are injured at work during working hours, and the car crashes into scraps

Did you sign a contract? It should be reported.

Legal analysis: The takeaway brother fell and injured himself during the delivery of food, which is an injury caused by work and can be determined to be a work-related injury.

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) During working hours and in the workplace, if you are injured by an accident due to work-related reasons (2nd year), you are injured by an accident in the workplace while you are engaged in work-related pre-rotation or finishing work, (3) you are injured by violence or other accidents during working hours and in the workplace, (4) you are suffering from an occupational disease, (5) you are injured due to work-related reasons or your whereabouts are unknown in an accident during the period of going out for work, (6) you are on your way to and from work, Injured in traffic accidents or urban rail transit, passenger ferries, or train accidents for which the person is not primarily responsible (7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.

Hello, it is a spring He is injured at work, and it meets the conditions for work-related injury recognition.

However, under normal circumstances, the delivery worker is dispatched to the site by a labor dispatch company, and there is an employment relationship between the delivery worker and the labor dispatch company, so when determining a work-related injury, the labor dispatch company should apply for a work-related injury determination for the employer.

Under normal circumstances, the takeaway site will buy accident insurance for the little brother every day, and after applying for a work-related injury, the takeaway brother should also report the insurance in time to make a claim and protect his legitimate rights and interests.

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Hello, it is a work-related injury and meets the conditions for work-related injury recognition.

However, under normal circumstances, the delivery worker is dispatched by the labor dispatch officer Cong Si to the station, and the delivery worker has an employment relationship with the labor dispatch company, so the labor dispatch company should be the employer to apply for the determination of work-related injury when determining the work-related injury.

Under normal circumstances, the takeaway site will buy accident insurance for the brother every day, and after applying for a work-related injury, the takeaway brother should also report the insurance in time to make a claim and protect his legitimate rights and interests.

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First of all, to confirm the de facto labor relationship, it is necessary to provide: labor contract, work permit, or takeaway delivery work clothes, if the labor relationship can be confirmed, the traffic accident of food delivery must be a work-related injury, in accordance with Article 18 of the "Regulations on Work-related Injury Insurance", 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. Minhui) 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, cause of the accident, and the degree of injury of the employee.

Where the materials provided by the applicant for work-related injury determination are incomplete, the social insurance administrative department shall inform the applicant of all the materials that need to be supplemented and corrected in writing at one time. After the applicant requests to supplement and correct the materials in accordance with the written notice of Yannabo, the social insurance administrative department shall accept it.

Hello, it is a work-related injury and meets the conditions for work-related injury recognition.

However, under normal circumstances, the delivery worker is dispatched to the site by the Lingyu Labor Dispatch Company, and the delivery worker has an employment relationship with the labor dispatch company, so the labor dispatch company should be the employer to apply for the determination of work-related injury when determining the work-related injury.

In addition, the takeaway brother should also pay attention to the fact that under normal circumstances, the takeaway site will buy accident insurance for the little brother every day, and after applying for a work-related injury at the foot friend, the takeaway brother should also report the insurance in time, make a claim, and protect his legitimate rights and interests.

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If a delivery worker is involved in a traffic accident for which he or she is not primarily responsible, it is a work-related injury. Regulations of the People's Republic of China 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:

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 whereabouts of the person who was injured or had an accident were unknown due to the original work experience;

6) Being injured in a traffic accident for which they are not primarily responsible, or an accident involving urban 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.

According to the provisions of the People's Republic of China's "Work-related Injury Insurance Regulations", if an employee encounters an emergency, accident or illness during working hours and in the workplace, and is diagnosed to meet the criteria for determining work-related injuries, it shall be recognized as a work-related injury.

If a person is involved in a car accident during working hours (i.e., during working hours), and is not primarily or wholly responsible, it should be recognized as a work-related injury.

Hello, it is a work-related injury and meets the conditions for work-related injury recognition.

1. However, under normal circumstances, the delivery staff of Pingxian Dust Terrace are outsourced, and it is difficult for the delivery staff to establish a labor relationship with the platform, and the delivery staff is dispatched to the site by Bixian Zen Labor Dispatch Company, and the delivery staff has a labor relationship with the labor dispatch company, so when determining the work-related injury, the labor dispatch company should be used as the vertical source unit to apply for the determination of work-related injury.

2. In addition, the takeaway brother should also pay attention to the fact that under normal circumstances, the takeaway site will buy accident insurance for the takeaway brother every day, and after applying for a work-related injury, the takeaway brother should also report the insurance in time to make a claim and protect his legitimate rights and interests.

1. Is it a work injury caused by a fall in Huai Sui on the way to deliver food by the takeaway brother?

The takeaway brother fell and injured himself during the delivery of food, which can be determined to be a work injury.

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 preparatory or finishing work related to the work limb 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.

2. How to deal with work-related accidents in the unit.

1. After the occurrence of a work-related accident, the enterprise unit must first report the work-related injury and occupational medical records or circumstances in a timely manner, and shall not conceal or omit the report;

secondly, the injured employee or his or her relatives apply for recognition of work-related injury and enjoy work-related injury benefits;

Third, the trade union organization of the enterprise may submit an application on behalf of the injured employee.

2. Time requirements for reporting and application: From the date of the occurrence of the work-related accident or the date of diagnosis of the occupational disease, the enterprise shall report within 15 days, and the injured employee or his relatives shall apply within 15 to 30 days. Within this time, the report and application should be as soon as possible, which is conducive to timely investigation and evidence collection, and is conducive to the timely enjoyment of relevant benefits by injured employees.

3. Investigation and evidence collection and identification of work-related injuries: After receiving the work-related injury report and application, the labor administrative department shall pay close attention to the investigation and return of the work-related injury, which shall generally be extended to 30 days under special circumstances, and make a conclusion on whether to determine the work-related injury, and notify the work-related injury in writing. Investigation and evidence collection materials should include:

Employees apply and verify relevant issues; Diagnosis of work-related injuries and occupational diseases and related information from hospitals or medical institutions; Injury reports and on-site investigations of the enterprise.

4. Handling of work-related injury disputes: Different procedures should be applied to the two types of disputes. First, if the enterprise does not agree to the request of the injured employee, the employee or his relatives shall apply to the local labor dispute arbitration commission for arbitration.

If the parties are not satisfied with the arbitration conclusion, they shall appeal to the court. Second, if the enterprise or employee is dissatisfied with the decision of the local labor administrative department and the social insurance agency to determine the work-related injury or confirm the payment of benefits, it shall apply to the labor administrative department at the next higher level for administrative reconsideration; Those who are not satisfied with the conclusion of the administrative reconsideration shall file an administrative lawsuit with the court.

Here's how it is: first of all, it depends on the determination of accident liability, and if the delivery rider is the main responsibility, it is definitely not considered a work-related injury. However, after the collapse of the ear, if you look at the destruction of the sex mausoleum shirt delivered to the takeaway, if it is crowdsourcing, it will definitely not be considered a work injury.

If you are a contracted rider, you must have evidence to prove the existence of a de facto labor relationship with the contractor or the platform, and then apply to the labor arbitration commission for confirmation of the labor relationship, and then apply to the labor bureau for a work-related injury determination after winning the final trial.

The takeaway brother fell and injured himself during the delivery of food, which is an injury caused by work and can be determined to be a work-related injury.

The law is based on the first evidence:

Article 14 of the Regulations on Work-related Injury Insurance Article 14 An employee shall be deemed to have suffered a work-related injury if he or she falls under any of the following circumstances:

1) Injured in an accident during working hours and in the workplace due to work-related reasons (2) Injured in an accident while engaged in work-related preparatory or finishing work in the workplace before and after working hours (3) Injured by an accident such as violence during working hours and in the workplace due to the performance of work duties (4) Suffering from an occupational disease (5) Injured or unaccounted for in an accident during a work-related trip (6) On the way to and from work, Injured in traffic accidents or urban rail transit, passenger ferries, or train accidents for which the person is not primarily responsible (7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.

If an employee has a traffic accident during work, it should be counted as an accident during work, then it is a work-related accident.

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.

How is responsibility for traffic accidents determined?