In the case of a traffic accident caused by a problem with the vehicle, the injured driver has no lo

According to Article 14 of the Regulations on Work-related Injury Insurance, "a person who is injured in an accident during working hours and in the workplace due to work-related reasons" shall be deemed to be a work-related injury. In what you said, it's clearly a work-related injury.

As for the application time: Article 17 of the Regulations on Work-related Injury Insurance provides that if an employee is injured in an accident, the unit to which he or she 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 labor and social security administrative department of the coordinating region. 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.

As for the application materials: the following materials shall be submitted to submit an application for work-related injury determination: (1) an application form for work-related injury determination; (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).

Finally: work-related injury medical treatment: employees who are injured at work** are entitled to work-related injury medical treatment.

The expenses required for the work-related injury, hospitalization expenses, medical expenses, medicine expenses, and medical expenses for medical treatment will be fully reimbursed. If the injured employee needs to be hospitalized, the hospitalization meal subsidy shall be issued in accordance with the local business trip meal subsidy standard 2 3, and if the employee is approved to transfer to other places, the required transportation, food and accommodation expenses shall be reimbursed according to the business trip standard of the enterprise's employees. Salary issues during hospitalization:

If an employee needs to stop working due to a work-related injury and accepts **, a medical treatment period for work-related injuries shall be implemented. Employees who are injured at work will be paid wages during the medical treatment period for work-related injuries and will be paid work-related injury allowances on a monthly basis. The standard of work-related injury allowance is equivalent to the average salary income of the injured employee in the 12 months prior to the injury.

The insurance company will compensate within the scope of the car personnel insurance, and the insufficient part of the work-related injury compensation.

Zongheng Legal Network Jing became a lawyer.

Count the work-related injury, require the work-related injury to be determined, and then arbitrate.

Lawyer Liu Chuanfu of Zongheng Legal Network.

It is a unilateral traffic accident, and if the vehicle has (driver's) seat insurance, you can make a claim.

If it is a work-related injury, you can go to the Labor Bureau to identify the work-related injury.

The performance of duties shall be classified as work-related injuries.

You can apply for a work-related injury determination.

Lawyer Zhan Dingdong of Zongheng Legal Network.

Work-related injuries are considered work-related injuries.

Lawyer Chen Zhe.

Legal analysis: If a traffic accident only causes damage to the vehicle, and the person is not injured and does not cause loss of work and reduces income, it is not possible to claim compensation for lost work.

Legal basis: Civil Code of the People's Republic of China Article 1179 Anyone who infringes upon others and causes personal injury to the banquet shall be compensated for the reasonable expenses incurred for ** and **, such as medical expenses, nursing expenses, transportation expenses, nutrition expenses, and subsidies for hospital meals, as well as the loss of income due to lost work.

According to the provisions of the relevant laws of our country, if a traffic accident only causes damage to the vehicle, and the person is not injured and does not cause loss of work and reduces income, it is not possible to claim compensation for lost work. Article 20 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" provides that compensation for lost time is determined on the basis of the victim's lost time and income. The lost time is determined on the basis of a certificate issued by the medical institution to which the victim received.

Where the victim continues to miss work due to disability due to injury, the time of missing work may be calculated to the day before the date of disability. If the victim has a regular income, the compensation for lost work shall be calculated on the basis of the actual reduced income. If the victim has no regular income, it is calculated on the basis of his average income in the last three years; Where the victim cannot provide evidence to prove his or her average income in the last three years, it may be calculated by referring to the average wages of employees in the same or similar industry in the previous year at the location of the court where the lawsuit is filed.

What are the measures to deal with traffic accidents?

1) After a traffic accident, if there is no dispute between the two parties to the accident and one party bears full responsibility, the following procedures may be adopted: the responsible party reports to the insured company and obtains the report number; Both parties to the accident choose the nearest traffic accident handling center to solve the problem; Rapid center inspection and damage assessment; The compensation amount is determined according to the damage assessment results, and the responsible party pays directly and obtains the compensation certificate from the fast center; The responsible party settles the claim with its own insurance company.

2) Accident handling in which both parties to the accident bear equal responsibilityAfter the occurrence of a traffic accident, the two parties to the accident have no dispute about the responsibility for the accident, and both parties bear equal responsibility, the following procedures may be adopted: the responsible party shall report to their respective insurance companies respectively, and request the insurance company to assess the damage on the spot, and the compensation method shall be self-compensation; After the insurance company inspects and assesses the damage on the spot, 110 calls the police to the traffic team; The traffic team shall issue a traffic accident certificate of summary procedure; Repair the car by yourself with the accident certificate and the insurance company's inspection and damage assessment documents, and make your own claims.

3) One party to the accident is primarily responsible, and one party bears secondary responsibility for the handling of such accidents, the key to this kind of accident lies in the results of the negotiation on the sharing of the loss of the limb, and the negotiation can be determined to go to the rapid center or through the traffic police to deal with it, if the negotiation fails, either party can solve it through litigation according to the determination. According to the provisions of the relevant laws of our country, if the traffic accident only causes damage to the smart bench vehicle, and the person is not injured and does not cause loss of work and reduces income, it cannot claim compensation for lost work.