Is it a work related injury if you break your foot and break your foot less than three minutes after

I would like to ask if a worker is a porter, which is equivalent to just being responsible for unloading, riding a tricycle on the way home and not getting injured in a traffic accident, whether it is considered a work injury.

If you hurt yourself, it doesn't count.

It's not a work-related injury. The employee walked out of the workplace after work, and the sprained foot was not a traffic accident for which he was not primarily responsible, and it was not a work-related injury.

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) 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.

It's counted in the labor law, but your company doesn't know it.

It does not meet the circumstances related to the determination of work-related injuries in the Regulations on Work-related Injury Insurance, so it is not a work-related injury.

90% doesn't count because you're off work, but the company should take a little responsibility.

Legal analysis: If you break your foot on the way to and from work, it is okay if you are in the workplace, but it cannot be recognized as a work-related injury when you leave the workplace.

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 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;

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 who has any of the following circumstances 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 originally served in the army, were disabled due to injuries sustained in war or in the line of duty, and have obtained a revolutionary disabled veteran certificate, but 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.

If a worker breaks his foot on the way to work and causes a fracture, it is not considered to be injured during working hours, and it is not considered a work-related injury.

1. To apply to the Human Resources and Social Security Bureau (formerly the Labor Bureau) for work-related injury identification, the company needs to report within one month of the accident, if the company does not apply, the injured employee or his close relatives shall apply for recognition within one year. Materials to be submitted: application form for work-related injury determination (**generally ** from the Labor Bureau), proof of labor relationship with the employer, medical diagnosis certificate, etc.;

2. If there is a disability that affects the ability to work after the injury is relatively stable, the applicant shall apply for labor ability appraisal and submit an application to the labor ability appraisal committee of the city divided into districts (generally established in the human resources and social security bureau at the same level);

3. According to different disability levels, the compensation obtained is different. The main compensation is: medical expenses, one-time disability allowance, one-time employment allowance, one-time medical allowance, salary during the period of leave of absence, food allowance, nursing expenses, etc.

4. If the employee does not have a labor contract and other evidence to prove the existence of an employment relationship, and cannot apply for a work-related injury determination, he or she can first apply for labor arbitration to confirm the existence of an employment relationship between you and the employer. After the existence of an employment relationship is confirmed by labor arbitration, an application for work-related injury determination is made.

5. 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:

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 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. Employees have the preceding paragraph.

a) Subparagraphs and subparagraphs.

2) In the case of the circumstances, they shall enjoy work-related injury insurance benefits in accordance with the relevant provisions of these Regulations; Employees have the preceding paragraph.

3) In the case of any of the circumstances, they 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 Employees who meet the requirements of Articles 14 and 15 of these Regulations, but in any of the following circumstances, shall not be deemed to have suffered a work-related injury or be treated as a work-related injury

1) Intentionally committing a crime;

2) Drunk or drug addiction;

3) Self-harm or suicide.

Legal analysis: A fracture of the foot on the way to work is not considered a work-related injury, and only those who are injured in traffic accidents or urban rail transit, passenger ferries, or train accidents for which they are not primarily responsible can be recognized as work-related injuries on the way to and from work.

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) Injured in an accident during working hours and in the workplace due to the type of work that is set out for work;

2) Being injured in an accident while in the workplace before or after working hours, engaged in work-related preparatory or finishing work;

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) During the period when the person is away for work, he or she is injured due to work reasons or his whereabouts are unknown in an accident;

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.

If you break your foot during working hours, it is considered a work-related injury, and the company is responsible for reimbursing medical expenses. In any of the following circumstances, an employee shall be deemed to have suffered a work-related injury: (1) Injured in an accident due to work-related reasons during working hours and in the workplace; 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 of the Regulations on Work-related Injury Insurance stipulates that 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 pure 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 standards for work-related injury insurance hospitalization services shall be prescribed by the social insurance administrative department in conjunction with the health administrative department, the food and drug supervision and administration department and other departments. The food subsidy for the hospitalization of the employee for the work-related injury, as well as the transportation, accommodation and accommodation expenses required for the work-related injury employee to seek medical treatment outside the co-ordination area shall be paid from the work-related injury insurance, and the specific standard of payment shall be stipulated by the people of the co-ordination area. 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**.