Is it considered a work injury if I am driving a moped and collapsing with a battery car during work

Determination of Work-related Injuries Article 14 An employee shall be found 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) Being injured in a motor vehicle accident while commuting to or from work;

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

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

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.

Where employees have any of the circumstances in items (1) or (2) of the preceding paragraph, they shall enjoy work-related injury insurance benefits in accordance with the relevant provisions of these Regulations; Employees who have the circumstances in item (3) of the preceding paragraph shall enjoy work-related injury insurance benefits other than a one-time disability subsidy in accordance with the relevant provisions of these Regulations.

Article 16 In any of the following circumstances, an employee shall not be deemed to have suffered a work-related injury or be treated as a work-related injury

1) Due to a crime or violation of the administration of public security**;

2) Drunkenness causes **;

3) Self-harm or suicide.

The traffic law stipulates that a traffic accident with a motor vehicle on the way to and from work can be counted as a work-related injury, and the battery car does not belong to a motor vehicle, so there is a reason for the factory to say that it is not a work-related injury.

Of course, it should be recognized as a work-related injury, and it should be recognized as a work-related injury within a reasonable time of commuting to and from work.

You can first apply for arbitration at your local labor arbitration institution.

1. Yours is not a motor vehicle accident, not a work-related injury, 2. Only a motor vehicle injury on the way to and from work is considered a work-related injury.

A traffic accident on the way to and from work is a work-related injury, and there is no reason in the factory.

If the person is not satisfied with the main responsibility, it will be counted as a work-related injury. If an employee rides an electric vehicle to work and collides with a car at a reasonable time and route and is injured, and is determined by the traffic management department of the public security organ or ruled by the people's court that he is not primarily responsible, it shall be recognized as a work-related injury in accordance with the provisions of Article 14 (6) of the Regulations on Work-related Injury Insurance. The car is owned by the unit and can only enjoy work-related injury insurance benefits; If it belongs to the owner outside the unit, it can get civil compensation for the traffic accident of the party causing the accident, and can also get work-related injury insurance benefits in addition to medical expenses.

Article 14 of the Regulations on Work-related Injury Insurance shall be deemed to be a work-related injury if an employee has any of the following circumstances: (6) 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; The General Office of the Ministry of Human Resources and Social Security "Letter on the Handling of Opinions on the Relevant Provisions of Work-related Injury Insurance" [2011] No. 339 on the understanding and application of the provisions of Article 14, Item 6 of the new "Regulations on Work-related Injury Insurance", with the consent of the Legislative Affairs Office and the Supreme People's Court, and in consultation with the Ministry of Public Security, the Ministry of Transport, and the Ministry of Railways, put forward the following handling opinions, please follow them: 1. The "commuting to and from work" in this article refers to a reasonable commuting time and a reasonable commuting time.

2. The "non-primary responsibility" accidents stipulated in this article include traffic accidents for which the person is not primarily responsible, and urban rail transit, passenger ferries and train accidents for which the person is not primarily responsible. Among them, "traffic accident" refers to the personal or property damage caused by the fault or accident of the vehicle on the road as stipulated in Article 119 of the Road Traffic Safety Law. "Vehicle" means motor vehicle and non-motor vehicle; "Road" refers to highways, urban roads, and places that allow social motor vehicles to pass although they are within the jurisdiction of the unit, including squares, public parking lots, and other places used for public traffic.

3. The determination of "non-primary responsibility" accidents shall be based on the relevant legal documents issued by the traffic management, transportation, railways and other departments of the public security organs or judicial organs, as well as organizations authorized by laws and administrative regulations. Article 8 of the Provisions of the Supreme People's Court on Several Issues Concerning the Trial of Administrative Cases of Work-related Injury Insurance (Legal Interpretation No. 9, 2014) If an employee is injured by a third party, and the social insurance administrative department makes a decision not to accept the application for recognition of work-related injury or not to recognize the work-related injury on the grounds that the employee or his close relatives have already filed a civil lawsuit against the third party or obtained civil compensation, the people's court shall not support it. Where an employee is injured due to a third party, and the social insurance administrative department has already made a determination of work-related injury, and the employee or his close relatives have not filed a civil lawsuit against the third party or have not yet received civil compensation, and the lawsuit is filed to demand that the social insurance agency pay work-related injury insurance benefits, the people's court shall support it.

Where an employee suffers a work-related injury due to a third party, and the social insurance agency refuses to pay work-related injury insurance benefits on the grounds that the employee or his close relatives have already filed a civil lawsuit against the third party, the people's court will not support it, except for the medical expenses already paid by the third party.

1. During the period of going out for work, if the person is injured due to work reasons or the whereabouts of the accident are unknown, it shall be deemed to be a work-related injury.

2. Legal basis: Article 14 of the Regulations on Work-related Injury Insurance shall be recognized as work-related injury if an employee 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.

1. Time limit for applying for work-related injury recognition.

1. When an employee is injured in an accident, whether as an employer or an injured employee, in addition to being active, the first thing to do is to grasp the time limit for applying for work-related injury identification, which is the premise that the legitimate rights and interests of the injured employee are protected. This requires the employer to go through the formalities of reporting the work-related injury within the prescribed time limit. If the deadline is exceeded, it is difficult to determine.

2. China's "Regulations on Work-related Injury Insurance" stipulates that "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 or she belongs shall submit an application for recognition of work-related injury to the labor and social security administrative department of the coordinating region within 30 days from the date of the accident injury or the date of diagnosis or appraisal of the occupational disease." In case of special circumstances, the time limit for application may be appropriately extended with the consent of the labor and social security administrative department. ”

2. Welfare standards for the period of suspension of work with pay.

1. Article 33 of the Regulations on Work-related Injury Insurance stipulates that: "If an employee is injured in an accident or suffers from an occupational disease at work and needs to suspend work to receive medical treatment for work-related injury, the original salary and benefits shall remain unchanged during the period of suspension with pay, and shall be paid by the employer on a monthly basis." ”

2. According to Article 37 of the Regulations on Work-related Injury Insurance, the disability subsidy shall be paid in a lump sum by the work-related injury insurance** when the employee leaves the company, of which the disability subsidy enjoyed by the eighth-level disabled employee is 10 months' salary.

Summary. If a worker is involved in a car accident on the way to work, if the accident is not for which the worker bears the main responsibility, it is a work-related injury, and the employee may apply for a work-related injury determination within one year, and provide the corresponding application materials at the time of application.

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If a battery car collides with a battery car, it is considered a work injury.

Sudden death on the way to work is not considered a work-related injury. Regarding the determination of work-related injuries on the way to and from Liangshu classes, if you are injured in a traffic accident or an accident in urban rail transit, passenger ferry, or train accident for which you are not primarily responsible while commuting to and from work, it is a work-related injury. However, sudden death does not belong to the above circumstances, so it cannot be recognized as a malbalance work-related injury.

If a worker is involved in a car accident on the way to work, if the accident is not the main responsibility of the worker, it is a work-related injury, and Ma Min can apply for a work-related injury determination within one year, and provide the corresponding application materials when applying for a trouble-making application.

According to the relevant regulations, if you are hit by an electric vehicle on the way to work, you do not bear the main responsibility for the traffic wheel scale accident, and you will be dealt with as a work-related injury. For the determination of work-related injuries, employers and employees may make work-related injury determinations in accordance with Article 17 of the Regulations on Work-related Injury Insurance. Article 14 of the Regulations on Work-related Injury Insurance for Tongqiao Insurance shall be recognized as work-related injury if an employee has any of the following circumstances:

6) Injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train while commuting to or from work;