Is misdiagnosis of illness on a business trip considered a work injury, and is illness during a busi

If an employee goes to a medical institution for diagnosis and treatment when he is sick during a business trip, and the medical institution misdiagnoses him, it is a medical negligence and may constitute a medical accident, but if he or she is injured in an accident due to work reasons not due to work during the period when he is out of work, it does not meet the provisions of Article 14 (5) of the Regulations on Work-related Injury Insurance and cannot be recognized as a work-related injury.

For damages caused by misdiagnosis by medical institutions, employees may claim civil compensation from the medical establishment.

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 106 of the General Principles of the Civil Law: Where a citizen or legal person violates a contract or fails to perform other obligations, he shall bear civil liability.

Citizens and legal persons who, through their fault, infringe upon the property of the state or collective, or infringe upon the property or person of others, shall bear civil liability.

Where there is no fault, but the law provides that civil liability shall be borne, civil liability shall be borne.

Article 119: Where a citizen's bodily injury is caused by an infringement, compensation shall be made for medical expenses, loss of income due to lost work, living allowances for the disabled, and other expenses; where death is caused, funeral expenses and necessary living expenses for those supported by the deceased during his lifetime shall be paid.

It can only be regarded as a medical accident in the hospital, but not a work-related injury!

It's definitely not a natural disease!

Legal Analysis: Illness during a business trip is considered a work-related injury.

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) Injured in an accident while engaged 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 shall be recognized as work-related injuries in Senlutan as provided by laws and administrative regulations.

Legal analysis: It depends on whether the illness is caused by work, if the employee already has this disease, even if the illness occurs during working hours away from work, it cannot be regarded as a work-related injury, such as a sudden illness such as a heart attack or cerebral hemorrhage. If a sudden illness is a work-related injury, it must be during working hours and on the job, and the death due to a sudden illness or death within 48 hours is the case.

Legal basis: Regulations on Work-related Injury Insurance

Article 14 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 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 shall be deemed to have suffered a work-related injury under any of the following circumstances: (1) He or she dies of a sudden illness during working hours and at work, or dies within 48 hours after rescue fails; (2) Suffering harm in 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 injuries sustained in war or in the line of duty, and have obtained a certificate of disabled revolutionary servicemen, but were injured after arriving at the employer.

Sickness on a business trip is generally not considered a work-related injury. According to the law, if a person is injured due to work-related reasons or whose whereabouts are unknown in an accident while he is away for work, it shall be deemed to be a work-related injury. Illness is not a work-related injury.

1. Is a fracture at work a work-related injury?

Fractures caused by work location, working hours, and work-related reasons are considered work-related injuries. Injured in an accident during working hours and in the workplace in accordance with regulations, injured in an accident while engaged in work-related preparatory or finishing work, or injured by violence or other accidents in the performance of work duties; suffering from occupational diseases; During the period of going out for work, the person is injured due to work reasons or the whereabouts of the accident are unknown; On the way to and from work, the person is 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, and other such circumstances shall be deemed to be a work-related injury.

2. How to compensate for work-related injuries and work-related injuries.

The identification and compensation of work-related injuries are as follows: the worker is injured in an accident due to work-related reasons; Accidental injuries such as violence or occupational diseases caused by the performance of work duties; If it is injured due to work-related reasons or an accident in which the whereabouts are unknown, it shall be found to be a work-related injury. If it is determined that it is a work-related injury, the required work-related injury compensation shall be paid from the work-related injury insurance**.

3. Is a fall over a wall considered a work-related injury?

Falling over a wall is a work-related injury. If a worker is injured during working hours or because of work, it is a work-related injury. According to the laws and regulations on the balance of ethnic groups, if an employee has any of the following circumstances, it shall be recognized as a work-related injury:

1. Being injured in an accident during working hours and in the workplace due to work 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. 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 for by law reform and administrative regulations.

Article 5 of the Provisions of the Supreme People's Court on Several Issues Concerning the Trial of Administrative Cases of Work-related Injury Insurance.

Where the social insurance administrative department determines that the following circumstances are "during the period of going out for work", the people's court shall support it:

1) The period during which the employee is assigned by the employer or needs to engage in activities related to work duties outside the workplace;

2) During the period when the employee is assigned by the employer to go out to study or hold meetings;

3) During the activities of other external instructions of employees due to work needs.

Where an employee is injured due to personal activities unrelated to work or being assigned by the employer to go out for study or meetings while away from work, and the social insurance administrative department does not find it to be a work-related injury, the people's court shall support it.

If you get sick during a business trip because of work-related reasons, it is a work-related injury. In any of the following circumstances, it shall be deemed to be a work-related injury: an employee suffering from an occupational disease is injured due to work reasons or his whereabouts are unknown in an accident while he or she is away from work; Injured in an accident during working hours and in the workplace due to work-related reasons; Other.

[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-related reasons;

2) Engaging in work-related preparatory or finishing work in the workplace before or after working hours and being injured by an accident;

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 they are out for work, they are injured due to work reasons or have an accident, and their whereabouts are unknown;

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.

Illness during a business trip is considered a work-related injury. Article 14 of the Regulations on Work-related Injury Insurance, if an employee has one of the following shortcomings, it shall be recognized as 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 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 of going out for work, the person is injured or the whereabouts of the accident are unknown; 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.

Not counted, a sudden illness during a business trip is a work-related injury, during the period of going out on business, due to work reasons, suffered a traffic accident or other accident caused by injury or missing, or due to sudden illness caused by transportation and death or after the first rescue ** all lost labor.

The scope of work-related injuries is stipulated, and any of the following circumstances shall be recognized as work-related injuries or treated as work-related injuries.

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) During the period of going out for work, they are injured by nuclear weapons due to work reasons or their whereabouts are unknown in the event of 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.

1. What are the procedures for determining work-related injuries?

1) The employer to which the employee belongs shall, within 30 days from the date of the accident 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 area.

2) After receiving the applicant's application for work-related injury determination, the administrative department for labor and social security shall conduct a review in a timely manner, and if the materials provided by the applicant are incomplete, the administrative department for labor and social security shall inform the applicant in writing of all the materials that need to be supplemented and corrected on the spot or within 5 working days.

3) After accepting the application for recognition of work-related injury, the administrative department of labor and social security may, as necessary, appoint two or more staff members to investigate and verify the accident injury. The labor and social security administrative departments shall no longer conduct investigation and verification of those who have obtained occupational disease diagnosis certificates or occupational disease diagnosis and appraisal certificates in accordance with the law.

4) After accepting the application for work-related injury determination, the labor and social security administrative department shall make a work-related injury determination decision within 60 days from the date of acceptance, and notify the employer, employee or his or her immediate family members in writing within 10 working days from the date of the work-related injury determination decision, and send a copy to the handling agency.

Not necessarily. According to the Regulations on Work-related Injury Insurance, an employee who "dies of sudden illness during working hours and at work, or dies within 48 hours after rescue fails", is deemed to have suffered a work-related injury. If a person falls ill during a business trip, but does not meet the requirements of the Regulations on Work-related Injury Insurance, it is not a work-related injury.

1. Whose responsibility is the responsibility for the accident of the employee?

Whose responsibility is for the accident of the employee needs to be judged according to the specific situation. According to the relevant regulations, if the prescribed circumstances are met, the employer shall bear the relevant responsibilities according to the regulations, but if it does not belong to the work-related injury determination situation, the employee shall be responsible according to the actual situation. If an employee has any of the following circumstances, it shall be regarded as a work-related injury:

1. Died of sudden illness during working hours and at work, or died within 48 hours after rescue failed;

2. Suffering harm in emergency rescue and disaster relief and other activities to safeguard national interests or public interests;

3. Employees who originally 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.

2. Whether the death of an employee due to sudden illness on the way to and from work is a work-related injury.

1. Died of sudden illness during working hours and at work, or died within 48 hours after rescue failed;

2. Suffering harm in emergency rescue and disaster relief and other activities to safeguard national interests or public interests;

3. Employees who originally 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.

3. What are the special circumstances that can be regarded as work-related injuries?

The special circumstances that can be regarded as work-related injuries include: the employee dies of sudden illness during working hours and at work, or dies within 48 hours after rescue fails; Suffering harm in activities to safeguard national interests or public interests, such as emergency rescue and disaster relief; Employees who originally 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. Those who are deemed to have suffered a work-related injury can enjoy the benefits of work-related injuries in Sakura.

Article 15 of the Regulations on Work-related Injury Insurance stipulates that an employee shall be deemed to have suffered a work-related injury if he or she falls under any of the following circumstances:

1) Died of a sudden illness during working hours and at work, or died within 48 hours of being rescued without help;

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 injuries sustained in war or in the line of duty, and have obtained a certificate of disabled revolutionary servicemen, 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.