Does a work related injury have to be a traffic accident to be considered a work related injury?

Question: My husband is a truck driver. Once, while making a delivery, there was a traffic accident and collided with a private car, causing serious injuries.

Liability for the accident determined that my husband was somewhat responsible, and the other party was primarily responsible. Can my husband's situation be recognized as a work-related injury? Mr. Wang:

Your husband's condition falls under the category of "being injured in an accident during working hours and in the workplace due to work-related reasons" should be recognized as a work-related injury. Lawyer Wu: It should be a work-related injury, and a work-related injury determination should be made as soon as possible.

Relevant knowledge - relevant provisions of the "Regulations on Work-related Injury Insurance" on the classification of work-related injuries 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) Suffering violence or other accidental injuries during working hours and in the workplace as a result of performing work duties; (4) Suffering from an occupational disease; (5) During the period when they are away for work, they are injured due to work reasons or their whereabouts are unknown in an accident; (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 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 one-time disability subsidies in accordance with the relevant provisions of these Regulations Article 16: Where an employee meets the requirements of Articles 14 and 15 of these Regulations, but in any of the following circumstances, it must not be found to be a work-related injury or treated as a work-related injury: (1) Intentionally committing a crime; (2) Drunk or taking drugs; (3) Self-harm or suicide.

In general, this situation cannot be recognized as a work-related injury, but a non-work-related injury medical treatment period can be granted. Wages for medical treatment are generally reduced accordingly.

It is considered a work-related injury on the way home from work. It has nothing to do with whether it is a traffic accident or not.

If you are injured on the way home from work, it is considered a work-related injury.

1. Whether a traffic accident is considered a work-related injury In terms of work-related injury identification, the Regulations on Work-related Injury Insurance classify injuries sustained by employees in motor vehicle accidents on their way to and from work into the scope of work-related injuries. The "Opinions" pointed out that if an employee is injured in a motor vehicle accident on the way to and from work, and the "motor vehicle" that caused the injury falls within the scope of the Road Traffic Safety Law of the People's Republic of China, it should be recognized as a work-related injury in accordance with the relevant provisions of the Regulations. However, it does not include the situation that the employee is caused by drunk driving, driving without a license and driving an unlicensed vehicle.

If an employee is injured in a motor vehicle accident on the way to and from work, he or she shall submit the "Traffic Accident Liability Determination" or relevant supporting materials issued by the traffic management department when applying for work-related injury determination. If a motor vehicle accident is reported to the traffic management department after the accident, when the injured employee applies for a work-related injury determination, the supporting materials issued by the traffic management department submitted can prove that it was a motor vehicle accident, and the work-related injury shall be recognized. 2. How to determine the work-related injury in a traffic accident Article 14, Paragraph 6 of the Regulations on Work-related Injury Insurance stipulates that an employee who is "injured in a motor vehicle accident while commuting to and from work" shall be recognized as a work-related injury, including four meanings:

"On the way to and from work" includes both the normal work commute and the employee overtime commute to and from work; If the employee is injured in a motor vehicle accident, it may be caused by an accident caused by an employee driving or riding in a motor vehicle, or it may be caused by an employee in another motor vehicle accident; The area where such accidents occur includes not only highways, city streets, but also alleys (alleys) and other places for vehicles and pedestrians to pass; The factual basis is that the employee was injured in a motor vehicle accident. The Road Traffic Safety Law stipulates that "traffic accidents" refer to incidents in which a vehicle suffers personal or property damage due to fault or accident on the road; "Vehicle" means motor vehicle and non-motor vehicle. According to this provision, traffic accidents can be divided into motor vehicle traffic accidents and non-motor vehicle traffic accidents.

The Act does not stipulate that traffic accidents can only be caused by a third person. In fact, there are unilateral traffic accidents, i.e. traffic accidents are purely self-caused and do not involve others at all. Even if it is a traffic accident injury, it can only be determined by making a special determination, and then it can be treated as a work-related accident.

In the case of insufficient compensation for traffic accidents, it is also possible to apply for work-related injury compensation, which is actually very beneficial for injured employees. Of course, if it cannot be determined that it constitutes a traffic accident injury, then it naturally cannot be treated as a work-related accident.

If a traffic accident occurs on the way to and from work, only those who are not the main responsibility of the person are considered to be injured at work.

If you are primarily or fully responsible for the accident, it is not a work-related injury.

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:

6) On the way to and from work, being injured in a traffic accident for which they are not primarily responsible, or by an accident involving urban rail transit, passenger ferry, or train;

A traffic accident occurs. Whether it counts as a work-related injury. There are several conditions for the collapse of the branches.

The first is a traffic accident that occurs at work. Second. It is a traffic accident that occurs on the way to and from work. Third. In traffic accidents. Those who bear secondary responsibility or omission are not responsible.

If you have a traffic accident during or on your way to and from work. Then the main responsibility or full responsibility for the accident has been assumed. Then it cannot be recognized as a work-related injury. You must be non-responsible or secondarily responsible. in order to be recognized as a work-related injury.

[Legal Analysis].Traffic accidents can be classified as work-related injuries. If you are involved in a traffic accident on your way to and from work for which you are not primarily responsible, you can apply for a recognition of work-related injury for a long time. This means that a traffic accident may be a work-related injury, as long as it occurs during commuting hours and is not the primary responsibility of the person.

[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) Wandering during working hours and in the workplace, and being injured in an accident 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) Suffering violence or other accidental injuries during working hours and in the workplace as a result of performing work duties;

(4) Suffering from an occupational disease;

(5) During the period when they are away for work, they are injured due to work reasons or their whereabouts are unknown in an accident;

(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.