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1. Whether riding an electric vehicle on the way to work and being injured by a railway wall constitutes a work-related injury, it is necessary to determine whether it constitutes a traffic accident and the division of accident responsibility
If the traffic police department issues a traffic accident certificate and identifies that it is a traffic accident, and the employee does not bear the responsibility for the accident or bears secondary responsibility, it can be recognized as a work-related injury in accordance with the law.
If the traffic police department believes that it does not constitute a traffic accident or the employee bears the main responsibility for the accident, the work-related injury cannot be determined.
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.
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According to the relevant provisions of the Regulations on Work-related Injury Insurance and the Provisions of the Supreme People's Court on Several Issues Concerning the Trial of Administrative Cases of Work-related Injury Insurance, traffic accidents can only be recognized as work-related injuries when there is a traffic accident on the way to work. The law is as follows:
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.
Provisions of the Supreme People's Court on Several Issues Concerning the Trial of Administrative Cases of Work-related Injury Insurance
Article 6: Where the social insurance administrative departments determine that the following circumstances are "on the way to and from work", the people's courts shall support them:
1) Commuting to and from work on a reasonable route between the place of work and the place of residence or the dormitory of the unit within a reasonable time;
2) Commuting to and from work within a reasonable time by a reasonable route between the place of work and the place of residence of the spouse, parents, or children;
3) Engage in activities that are necessary for daily work and life, and commute to and from work at a reasonable time and on a reasonable route;
4) Commuting to and from work on other reasonable routes within a reasonable time.
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Legal analysis: Accidentally falling while riding a bicycle on the way to and from work is not considered a work-related injury. Traffic accidents for which the person is not primarily responsible are considered work-related injuries.
Non-primary responsibility refers to the situation of equal responsibility, secondary responsibility and no responsibility; If you are injured in a traffic accident for which you are primarily and fully responsible, it is not a work-related injury. If an employee commits to and from work and is recognized as a work-related injury, three conditions must be met at the same time, namely, a reasonable time, a reasonable route, and non-personal primary responsibility, all of which are indispensable.
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) 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 hospitalization service standards of work-related injury insurance 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**.
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Summary. Hello dear and happy to answer your <>
Falling on an electric vehicle due to road construction on the way to work is not considered a work-related injury Only on the way to and from work, if you are injured in a traffic accident that is not your main responsibility, can you meet the criteria for work-related injury recognition. If you accidentally fall and injure yourself, you cannot be recognized as a work-related injury. On the way to work, only the motor vehicle is not the primary responsibility for the work-related injury.
Is it considered a work-related injury if you fall on an electric vehicle due to road construction on the way off work?
Hello dear and happy to answer your <>
Only when you are cautiously on the way to and from work, you are injured in a traffic accident that is not your main responsibility, and you can meet the criteria for work-related injury. If you accidentally fall and injure yourself, you will not be able to recognize a work-related injury. On the way to work, only the motor vehicle is not the primary responsibility for the work-related injury.
According to the Regulations on Work-related Injury Insurance, a traffic accident or a traffic accident involving urban rail transit, passenger ferry, or train that is not the primary responsibility of the person on the way to and from work may be deemed to be injured due to work. Whether an accident occurs when you get home from work can be recognized as a work-related injury depends on whether three conditions are met:
1. It is on the way to and from work, although it is not required to go through the route and a reasonable time, but at least there can be no detour and go home after doing other things; 2. The state prepares the person to bear the non-primary responsibility, that is, the traffic accident liability determination states that the injured person bears equal responsibility, secondary responsibility or no responsibility.
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Summary. Kiss <>
I'm glad to answer for you, on the way off work, riding an electric car on the way to work is not considered a work-related injury, and if you fall and are injured, it is not a work-related injury. If you are injured on the way to work due to traffic accidents or accidents of urban rail transit, passenger ferries or trains that are not your main responsibility, it is a work-related injury; 2. 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 in an accident during working hours and in the workplace as a result of performing 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.
Is it considered a work-related injury if you fall on an electric vehicle due to road construction on the way off work?
Kiss <>
I'm glad to answer for you, on the way off work, riding an electric car on the way to work is not considered a work-related injury, and if you fall and are injured, it is not a work-related injury. If you are injured on the way to work due to traffic accidents that are not your main responsibility, or accidents involving urban rail bypass traffic, passenger ferries, or trains, it is a work-related injury; 2. Article 14 of the Regulations on Work-related Injury Insurance An employee who has any of the following circumstances shall be deemed to have suffered a work-related injury: (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 in an accident during working hours and in the workplace as a result of performing work duties; (4) Suffering from occupational first ashwaganda disease; 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.
Knowledge Expansion <>
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 the accident injury occur, 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 or his close relatives or the organization of the Workers' Association may directly submit an application for recognition of work-related injury to the social insurance administrative department of the area where the employer is located within one year from the date of occurrence of the accident injury or the date of diagnosis or appraisal of the occupational disease.
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Not necessarily. Two conditions must be met for a work-related injury to be counted on the way to and from work: first, it is a traffic accident, and the party is less than the primary responsibility in the accident, that is to say, the responsibility is determined to be equal responsibility, secondary responsibility or no responsibility; Second, it must be on a reasonable route to and from work.
Legal basis. Article 14 of the Regulations on Work-related Injury Insurance.
In any of the following circumstances, it shall be found to be a work-related injury:
1. Being injured in an accident during working hours and in the workplace due to work reasons;
2. In the workplace before and after working hours, engaged in work-related preparatory hall mates or finishing work are injured in an accident;
3. During working hours and in the workplace, due to violence and other accidental injuries due to the performance of work duties;
4. Suffering from occupational diseases;
5. During the period of going out for work, the person is injured due to work reasons or the whereabouts of the accident are unknown;
6. Being injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train that is not the person's primary responsibility while commuting to or from work;
7. Other circumstances that shall be recognized as work-related injuries as provided by laws and administrative regulations.
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) (No. 29 of 2016 issued by the Ministry of Human Resources and Social Security) stipulates that a reasonable route between the employee's work unit and his or her place of residence within a reasonable time for the purpose of commuting to and from work shall be deemed to be on the way to and from work.
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Article 9 An employee who has any of the following circumstances 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) 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 10 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) Hospitalization due to the presence of toxic and harmful substances in the working environment or acute poisoning caused by eating in the canteen of the employer**, and verified by the health and epidemic prevention department at or above the county level;
4) Contracted by an epidemic disease as assigned by the employer to work in an epidemic area declared by the state;
5) Employees who previously served in the army, were disabled due to injuries sustained in war or in the line of duty, have obtained a revolutionary disabled veteran certificate, and are injured after arriving at the employer. In addition, regarding the insurance of electric vehicles, at present, Luyuan Electric Vehicle Rolling Oak has car purchase insurance, which is divided into "Luyuan Two-Wheeled Rushing Sun Electric Vehicle Pacific Comprehensive Insurance" (commonly known as "human insurance") and Luyuan "Whole Vehicle Theft Comprehensive Protection" (commonly known as "car insurance"). You can call Luyuan Service** for consultation:
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