Traffic accidents occur during an employee s travel These are not considered work related injuries

It is not considered a work-related injury, but the company compensates the worker for the loss.

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.

Article 15 An employee shall be deemed to have suffered a work-related injury under any of the following circumstances:

1) Died of a sudden illness during working hours and at work, or died within 48 hours after rescue efforts failed;

2) Suffering harm in emergency rescue and disaster relief or other activities to preserve national or public interests;

3) Employees who previously 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.

1. Accident injuries suffered by participating units in employee travel activities are considered work-related injuries.

2. The purpose of the employer's organization of employee travel is to strengthen team cohesion and improve work efficiency, which is Article 5 of the Provisions of the Supreme People's Law on Several Issues Concerning the Trial of Administrative Cases of Work-related Injury Insurance (Fa Shi 2014 No. 9).

3) The "period of other outings required by employees due to work" mentioned in item refers to the period during which employees go out for work.

3. If the company organizes a tour and is injured in an accident in a unified tourism activity, it is due to work-related reasons, which is in line with Article 14 of the Regulations on Work-related Injury Insurance.

5) stipulates that it shall be recognized as a work-related injury; Personal private activities are not activities organized by the unit, and they cannot be recognized as work-related injuries.

1. Regulations on Work-related Injury Insurance

Article 14 In any of the following circumstances, an employee shall be deemed to have suffered a work-related injury:

1) Being injured in an accident during working hours and in the workplace due to work-related reasons;

2) Engaging in work-related preparatory or finishing work in the workplace before or after working hours and being injured in an accident;

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 5: Where the social insurance administrative departments determine that the following circumstances are "during the period of going out for work", the people's courts shall support them:

1) The period during which the employee is assigned by the employer or needs to engage in activities related to work duties outside the workplace;

2) During the period when the employee is assigned by the employer to go out to study or hold meetings;

3) Other outings required by employees due to work.

Where an employee is injured due to personal activities unrelated to work or being assigned by the employer to go out for study or meetings while away from work, and the social insurance administrative department does not find it to be a work-related injury, the people's court shall support it.

Article 14 (5) of the Regulations on Work-related Injury Insurance stipulates that if an employee is injured due to work-related reasons or his whereabouts are unknown in an accident while he or she is away from work, it shall be deemed to be a work-related injury. Article 5 of the Provisions of the Supreme People's Court on Several Issues Concerning the Trial of Administrative Cases Involving Work-related Injury Insurance further clarifies the above-mentioned period of absence for work, specifically stipulating that there are three situations: first, the period during which the employee is assigned by the employer or engages in activities related to work duties outside the workplace due to work needs. The second is the period when the employee is assigned by the employer to go out to study or hold meetings.

The third is the period of other outing activities required by employees due to work. In comparison with these three circumstances, plaintiff Wang Runda's injuries did not meet the requirements for the period when he was away from work. Paragraph 2 of Article 12 of the Opinions on the Handling of Several Issues Concerning the Implementation of the Regulations on Work-related Injury Insurance stipulates that an employer arranges or organizes employees to participate in cultural and sports activities as a reason for their work.

The organization of sightseeing, tourism, vacation and other activities by an employer cannot be used as a reason for work. Article 4 of the Opinions of the Ministry of Human Resources and Social Security on Several Issues Concerning the Implementation of the Regulations on Work-related Injury Insurance (II) stipulates that if an employee is injured in an accident while participating in activities organized by the employer or assigned by the employer to participate in activities organized by other units, it shall be regarded as the cause of work, except for participating in activities unrelated to work. According to the above provisions, the tourism activities organized by the employer have nothing to do with work.

1. What is the duration of workers' compensation?

The first is the compensation for participating in work-related injury insurance. The time limit to be noted here is the same as that for work-related injury determination, that is, the employer must submit an application for work-related injury recognition to the labor and social security administrative department within 30 days from the date of occurrence of the accident injury or the date of diagnosis or appraisal of the occupational disease. If the employer submits an application for work-related injury determination within the time limit prescribed by law, the employer shall bear the relevant expenses such as work-related injury benefits that meet the requirements of the Regulations on Work-related Injury Insurance during this period.

Therefore, it is necessary to remind the insured employers not to underestimate the 30-day time limit for the determination of work-related injuries.

The second is the compensation for participating in work-related injury insurance. In the event of a work-related injury, the time limit for applying for arbitration shall be one year, and the arbitration period shall be calculated from the date on which the parties know or should know that their rights have been infringed.

2. How to do work-related injury compensation without a labor contract?

Proof of Labor Relationship:

Although there is no labor contract, as long as it is proved that there is a de facto labor relationship, the compensation can still be made according to the standard of work-related injury compensation

Proof of de facto labor relationship: A de facto labor relationship refers to a labor and employment relationship formed without a written contract or a valid written contract, as well as a labor and employment relationship reached by oral agreement. The confirmation of a de facto employment relationship requires the existence of the de facto existence of hired labor.

The legal status of de facto labor relations confirms that labor relations do not depend on the existence of written contracts, expands the scope of labor protection, has greater constraints on employers who do not sign labor contracts, and protects the legitimate rights and interests of workers.

Legal analysis: Whether an employee's injury while participating in a travel activity organized by the employer constitutes a work-related injury should be considered from the perspective of factors such as the purpose of the activity, whether the employer encourages participation, whether the employer bears the expenses, and whether the working day is used. Employers organize travel to enhance team cohesion and mobilize employees' enthusiasm through collective activities.

The purpose is to allow employees to relax, strengthen communication, and then better engage in work, and this beautiful activity has a clear collective nature and should be regarded as an extension of the reason for work. Therefore, such travel activities organized by the employer can be recognized as the work content of the employer, and the injury of the employee due to work arrangements during the trip should be recognized as a work-related injury. Of course, if an employee breaks away from the team during a travel activity organized by the employer and is injured during the private activity, it is not a work-related injury.

Legal basis: Regulations on Work-related Injury Insurance

Article 14 In any of the following circumstances, an employee shall be deemed to have suffered 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.

Article 30 Employees who are injured in accidents or suffer from occupational diseases due to work shall enjoy medical treatment for work-related injuries.

Employees who are injured at work shall seek medical treatment in a medical institution that has signed a service agreement, and in case of emergency, they can first go to the nearest medical institution for first aid.

**If the expenses required for work-related injuries meet the requirements of work-related injury insurance diagnosis and treatment items, work-related injury insurance drug lists, and work-related injury insurance hospitalization service standards, they shall be paid from work-related injury insurance**. The catalogue of work-related injury insurance diagnosis and treatment items, the catalogue of work-related injury insurance drugs, and the service standards of work-related injury insurance residential and false intermediate hospitals shall be prescribed by the insurance administrative department of the Social Auction Mountain Association in conjunction with the administrative department of health, the food and drug supervision and administration department and other departments.

The food subsidy for the hospitalization of the employee and the work-related injury, as well as the transportation, accommodation and transportation expenses required for the injured employee to seek medical treatment outside the overall planning area shall be paid from the work-related injury insurance, and the specific standard of payment shall be stipulated by the people of the overall planning area and the local government.

Injured employees are not entitled to medical treatment for work-related injuries and shall be dealt with in accordance with the basic medical insurance measures.

If the work-related injury employee goes to the medical institution that has signed the service agreement to carry out the work-related injury**, if it meets the requirements, it shall be paid from the work-related injury insurance**.