Can I report a work related injury in this way? Under what circumstances can I report a work related

The statute of limitations for the determination of work-related injuries is one year, but the employer shall report it within 30 days, otherwise, the expenses before the declaration may be paid by the employer.

Whether the person who was hit is injured or not depends on what kind of work situation he was working at the time, such as he was working, or the unit sent out on official business, there is no need to divide the responsibility, and the certificate of the accident and the car accident certificate (not necessarily the traffic management department), and the medical certificate can be determined to be a work-related injury.

If he is commuting to and from work, he must be issued a letter of responsibility through the traffic management department, and if he is more than half of the responsibility, it is the main responsibility and cannot be recognized as a work-related injury.

Depending on the situation, if all the conditions for the determination of work-related injury are met and the evidence is sufficient, the employee or his relatives can apply for recognition of work-related injury on their behalf. You should not be an applicant.

However, if the work-related injury caused by the third-party liability is caused by the responsible party, the responsible party shall first compensate for it, and if the responsible party escapes, the work-related injury insurance shall pay first, and the work-related injury insurance agency shall then seek recourse from the responsible party. Judging from the situation you mentioned, the biggest benefit of identifying a work-related injury is a kind of protection under special circumstances such as the old injury** or the restructuring of the enterprise after the end of the medical treatment of the injured employee, which does not help you pay compensation much.

This is mainly a question of a traffic accident and its responsibility, collect evidence, witnesses or other evidence, 1, can prove that you have a traffic accident after work 2, you are not primarily responsible for the traffic accident.

A work-related injury is a work-related injury, and of course you are a work-related injury! The magnitude of the injury is only related to compensation, not the nature.

If it is recognized as a work-related injury, the unit shall bear the medical expenses and the original salary of the person during the ** period!

Definitely counted, you can read the following regulations for yourself! - 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) 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.

Is it a work-related injury only if it is injured at work? This statement is incorrect, and these seven situations can be applied for work-related injuries.

Probably not. There are several main factors in reporting a work-related injury, first of all, you and the employer are in an employment relationship, not a labor relationship, etc.; Secondly, you have to search the location during working hours, and the damage caused by work reasons can only be reported as a work-related injury.

In addition, your infringement should not be regarded as a tort, mainly due to the injury caused by your own negligence, so you can't hold the landlord liable.

Individuals can file a work-related injury report. If the employer fails to make a declaration within the prescribed time, the injured worker can report to the labor and social security administrative department within one year.

Article 18 of the Regulations on Work-related Injury Insurance shall submit the following materials to apply for the determination of work-related injury recognition: (1) Application form for work-related injury identification; (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). The application form for determination of work-related injury shall include basic information such as the time, place, and cause of the accident, as well as 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, the social insurance administrative department shall accept it. Article 17 of the 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 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 area.

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, 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 co-ordinating area where the employer is located. In accordance with the provisions of the first paragraph of this Article, the matters that shall be determined by the provincial social insurance administrative department shall be handled by the social insurance administrative department of the city divided into districts where the employer is located in accordance with the principle of territoriality.

If an employer fails to submit an application for determination of work-related injury within the time limit specified in the first paragraph of this Article, the employer shall bear the relevant expenses such as work-related injury benefits incurred during this period that comply with the provisions of these Regulations.

Legal Analysis: An employee shall be deemed to have suffered a work-related injury under any of the following circumstances: (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.

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) 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.

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 originally served in the army, but were injured in war or in the line of duty and became disabled, and have obtained the certificate of disabled revolutionary 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; If an employee has any of the circumstances in item (3) of the preceding deficiency clause, he or she shall enjoy work-related injury insurance benefits other than a one-time disability subsidy in accordance with the relevant provisions of these Regulations.

In any of the following circumstances, an employee shall be deemed to have suffered a work-related injury: (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 as a result of performing their 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.

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) 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 and from work;

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 the course of emergency rescue and disaster relief or other activities to preserve the national interest or the public interest;

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.

Legal analysis: The circumstances that can be identified as work-related injuries mainly include: injuries caused by accidents during working hours and in the workplace, or accidents caused by work-related preparatory or finishing work, or injuries caused by violence and other injuries due to the performance of work duties, occupational diseases, injuries due to work-related reasons, or missing during work-related work.

On the way to and from work, the person is involved in a traffic accident for which he or she is not primarily responsible. Legal basis: Article 14 of the Regulations on Work-related Injury Insurance 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) Subjected to violence or other intentional injuries 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) On the way to and from work, being 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; 7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.

In the case of intentional crime, drunkenness or drug abuse, self-harm or suicide, the following situations can be reported as work-related injuries: 1. Suffering from occupational diseases; 2. Injured in an accident during working hours and in the workplace due to work-related reasons; 3. Being injured in an accident while engaging in work-related preparatory or finishing work in the workplace before or after working hours; 4. Injured by violence or other accidents during working hours and in the workplace due to the performance of work duties; 5. During working hours and at work, death from sudden illness or death within 48 hours after rescue efforts failed; 6. During the period of going out for work, the person is injured due to work reasons or the whereabouts of the accident are unknown; 7. Being harmed in emergency rescue and disaster relief and other activities to safeguard national interests or public interests; 8. Employees who originally served in the army, were disabled due to war or duty injuries, and have obtained the revolutionary disabled military certificate, and are injured after arriving at the employer, can enjoy work-related injury insurance benefits in addition to one-time disability subsidies for work-related injuries. - 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) Injured in an accident while engaged in preparatory or finishing work related to 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; (Liukong or Na) on the way to and from work, injured by a traffic accident for which he or she is not primarily responsible, or an accident involving urban rail transit, passenger ferry, or train; 7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.

The analysis of the above issues is as follows: 1. Application: The employer, the injured employee or his or her immediate family members shall submit an application for work-related injury recognition to the Medical Insurance Department for visits and inquiries, and the Medical Insurance Department shall inform the application instructions in writing and provide the Application Form for Work-related Injury Identification.

3. Acceptance: The materials provided are complete, within the jurisdiction of the administrative department of the Bureau, and within the time limit for acceptance, and inform that the acceptance will not be accepted. 4. Investigation and verification

After accepting an application for recognition of work-related injury, the administrative department for labor and social security shall investigate and verify the evidence provided as needed. and make a decision on the determination of work-related injury within 60 days from the date of acceptance. 5. Delivery:

Within 20 working days from the date of making the work-related injury determination decision, the work-related injury determination decision shall be sent to the work-related injury determination applicant (injured employee and employer). 6. Administrative reconsideration: If the party or employer is dissatisfied with the decision on the determination of work-related injury, it may apply for administrative reconsideration in accordance with the law.

7. Administrative litigation: If the parties and employers are dissatisfied with the administrative reconsideration, they may file an administrative lawsuit in accordance with the law. Materials to be submitted for the determination of work-related injury: 1. Fill in the Application Form for Determination of Work-related Injury formulated by the Ministry of Human Resources and Social Security 2. A copy of the labor contract or other valid proof of establishing a labor relationship 3. A post-injury diagnosis certificate or an occupational disease diagnosis certificate (or occupational disease diagnosis and appraisal certificate) issued by a medical institution.

If the materials provided by the applicant are incomplete, the social insurance administrative department shall inform the applicant of all the materials that need to be supplemented and corrected in writing on the spot or within 15 working days.

Article 14 of the Regulations on Work-related Injury Insurance An employee shall be deemed to have suffered a work-related injury under any of the following circumstances: (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) 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 he or she is not primarily responsible; 7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.