The difference between an employee injury and a work related injury in great detail .

Hello, to the problem you described, the lawyer replied as follows:

First of all, apply for a work-related injury appraisal, and after confirming the disability level, it is the basis for confirming the compensation. Refer to Article 18 of the Regulations on Work-related Injury Insurance.

Second, the main scope of claims includes medical treatment for work-related injuries, one-time disability allowance, hospital meal subsidy, assistive devices, original salary and benefits during the medical treatment period, living care expenses, etc.

Third, compensation shall be made with reference to Articles 33, 34, 35, 36, 37, 38, 39 and 40 of the Regulations on Work-related Injury Insurance.

Fourth, if the negotiation fails, bring the relevant materials to the labor inspection department to complain, or directly go to the labor arbitration commission where the unit is located to file labor arbitration. Blessing!

Legal analysis: If an injury in an employment relationship is not a work-related injury, and a work-related injury exists only under the conditions of the labor relationship, the proof of the existence of an employment relationship shall be submitted for the determination of a work-related injury, and the following documents may be referred to when determining the existence of an employment relationship between the two parties:

1) Wage payment vouchers or records (employee payroll roster) and records of payment of various social insurance premiums;

2) "Work Permit", "Service Certificate" and other documents that can prove the identity of the worker issued by the employer;

3) Recruitment records such as the "registration form" and "registration form" filled in by the worker;

4) Attendance records;

5) Testimony of other workers, etc.

Among them, the employer shall bear the burden of proof for the relevant documents in items (1), (3) and (4).

Legal basis: 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 has 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.

Legal Analysis: If an employee is injured in a labor service activity, the employer and the employee shall bear corresponding responsibilities according to their respective faults; However, if a helper suffers personal injury in the course of labor, he or she may bear corresponding liability according to the fault of the helper and the helped; Where the assisted worker explicitly refuses to help, the assisted worker is not liable for compensation, but may be appropriately compensated within the scope of benefits.

Legal basis: Article 1192 of the Civil Code of the People's Republic of China Where a labor relationship is formed between individuals, and the party providing the labor service causes damage to others due to the labor service, the party receiving the labor service shall bear tort liability. After the party receiving the service bears tort liability, it may recover compensation from the party providing the service with intentional combustion or gross negligence.

If the party providing the service suffers damage due to the service, it shall bear the corresponding liability according to the fault of both parties.

During the period of providing labor services, if the act of a third party causes damage to the party providing labor services, the party providing labor services has the right to request the third party to bear tort liability, and also has the right to request the party receiving labor services to compensate. After receiving compensation from the labor party, it may seek compensation from a third party.

Article 5 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases of Compensation for Personal Injuries Article 5: Where a helper who provides labor services without compensation suffers personal injury as a result of his helper's activities, he or she shall bear corresponding responsibility according to the respective faults of the helper and the helped; If the assisted worker explicitly refuses to help, the assisted worker shall not be liable for compensation, but may be compensated within the scope of benefits.

Where a helper suffers personal injury due to a third party's conduct in the course of helper activities, he has the right to request that the third party bear the liability for compensation, and also has the right to request that the helpee make appropriate compensation. After the worker is compensated, he can recover from a third party.

No, the injured party must be the employer, and the employer and the employee shall bear the corresponding liability for compensation according to the degree of fault of the employee injured in the employment relationship!

Article 11 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases The employer shall be liable for compensation for personal injuries suffered by an employee in the course of employment activities. If a third party outside the employment relationship causes personal injury to an employee, the person entitled to compensation may request the third party to bear the liability for compensation, and may also request the employer to bear the liability for compensation. After the employer assumes the liability for compensation, it can recover from a third party.

If an employee suffers personal injury due to a work safety accident in the course of employment activities, and the employer or subcontractor knows or should know that the employer receiving the contract or subcontract business does not have the corresponding qualifications or conditions for safe production, it shall be jointly and severally liable with the employer for compensation.

The provisions of this article do not apply to the scope of labor relations and work-related injury insurance regulated by the Regulations on Work-related Injury Insurance.

It cannot be recognized as a work-related injury, and the work-related injury requires the existence of an employment relationship between the employer and the employee, and the employment of an individual is an employment relationship, not an employment relationship, so the work-related injury cannot be established. However, if there is a registration of individual industrial and commercial households, work-related injuries can be recognized.

[The law before the law file is based on the missing manuscript].Article 2 of the Regulations on Work-related Injury Insurance.

Enterprises, public institutions, social organizations, private non-enterprise units, associations, law firms, accounting firms and other organizations within the territory of the People's Republic of China, as well as individual industrial and commercial households with employees (hereinafter referred to as "employers") shall, in accordance with the provisions of these Regulations, participate in work-related injury insurance and pay work-related injury insurance premiums for all employees or employees of their units (hereinafter referred to as "employees").

Employees of enterprises, public institutions, social organizations, private non-enterprise units, associations, law firms, accounting firms, and other organizations within the territory of the People's Republic of China, as well as employees of individual industrial and commercial households, shall have the right to enjoy work-related injury insurance benefits in accordance with the provisions of these Regulations.

Injuries sustained in the course of an employment relationship are generally not considered work-related injuries. If the party is injured in the course of an employment relationship, and there are circumstances such as work-related injuries or accidental injuries such as violence in the performance of work duties, etc., it is a work-related injury.

Legal basis] 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) 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 Zheng Jiaohuai's 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 in which laws and administrative regulations provide that calling friends shall be recognized as work-related injuries.

If an injury to an employment relationship is not a work-related injury, and a work-related injury only exists under the conditions of the labor relationship, the proof of the existence of a labor relationship shall be submitted for the determination of a work-related injury, and the following documents may be referred to when determining the existence of an employment relationship between the two parties: (1) Wage payment vouchers or records (employee payroll roster) and records of payment of various social insurance premiums; 2) "Work Permit", "Service Certificate" and other documents that can prove the identity of the worker issued by the employer; 3) Recruitment records such as the "registration form" and "registration form" filled in by the worker; 4) Attendance records; 5) Testimony of other workers, etc. Among them, the employer shall bear the burden of proof for the relevant documents in items (1), (3) and (4).

Regulations on Work-related Injury Insurance Article 14 An employee who has any of the following circumstances shall be deemed to have suffered an injury to the worker: (1) he or she is 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 traffic accident or an urban rail transit, passenger ferry, or train accident for which they are not primarily responsible while commuting to or from work; 7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.