Overtime on weekends, irregular route to work, work related injuries

1.Whether it can be recognized as a work-related injury depends on whether the injured person is primarily responsible for the accident, and if so, it cannot be recognized as a work-related injury.

2.If the traffic accident liability certificate issued by the traffic police department determines that the accident is not the main responsibility of the employee (the employee himself bears secondary responsibility or equivalent responsibility), he or she can be injured in a traffic accident or urban rail transit, passenger ferry, or train accident that is not his primary responsibility during the commute to and from work. The employee's injury was deemed to be a work-related injury!

3.In addition, if the above requirements are met, since weekends are not normal working hours and work is done by abnormal routes, evidence must be provided to prove that the overtime work is a reasonable time and a reasonable route can be recognized as a work-related injury.

4.If you have any questions, you can call 12333 directly to consult your local labor department!

First, the latest interpretation of the Supreme People's Court is a reasonable route. In the past, it was a necessary route, but now it has been changed, and the so-called reasonable route is not exactly the necessary route to go home, and coming out or going back from the house of an immediate family member can also be recognized as a work-related injury, and if you walk an unnecessary route without a reason, it is not recognized as a work-related injury. Second, it must be a traffic accident, and it has been determined that you are not primarily responsible.

Injuries caused by traveling on irregular routes are not work-related injuries.

It's hard to say about the abnormal route.

Injured in an accident during working hours and in the workplace due to work-related reasons; Injured in an accident while engaged in work-related preparatory or finishing work in the workplace before or after working hours; Accidental injuries such as violence during working hours and in the workplace due to the performance of work duties; During the period when they are out of work, they are injured due to work or have an accident and their whereabouts are unknown.

Legal basis: Labor Law of the People's Republic of China

Article 36 The State implements a system of working hours in which the daily working hours of workers shall not exceed eight hours and the average weekly working hours shall not exceed forty-four hours.

Article 37 The employer shall reasonably determine the labor quota and piece-rate remuneration standards for laborers who work on a piece-rate basis in accordance with the working hours system provided for in Article 36 of this Law.

Article 38 The employer shall ensure that the worker has at least one day off per week.

Article 41 Due to the needs of production and operation, an employer may, after consultation with the labor union and the workers, extend the working hours, which shall generally not exceed one hour per day; If it is necessary to extend the working hours due to special reasons, the extended working hours shall not exceed three hours per day, but shall not exceed thirty-six hours per month, provided that the health of the worker is guaranteed.

According to Article 14 of the Regulations on Work-related Injury Insurance, if an employee 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 while commuting to or from work, it shall be deemed to be a work-related injury. If the injured person is injured due to an accident that occurs under the above circumstances, it shall be recognized as a work-related injury. (Of course, it must also be the normal route home, the habitual route, and the normal time.)

Injuries on irregular routes on the way to work cannot be counted as work-related injuries because they are not required for work. However, some people are accustomed to sending their children to school before going to work during working hours, and they will also pick up their children and go home together when they get off work, which is a long-standing habitual route, and if the above accidents occur on this route, they can also be recognized as work-related injuries. If you still wander on the road within an hour after work and do not go home, and if you go home in the middle of the night and have an accident, the general unit will not recognize the work-related injury.

If the injured person determines whether he or she is injured at work, he or she can first determine whether the work-related injury is not in accordance with the work-related injury. The first impression of a fall is that you have fallen while walking or fighting. If the injury is caused by personal factors, it cannot be counted as a work-related injury, and if it is caused by another person, it cannot be counted as a work-related injury, and it falls within the scope of personal injury compensation.

Whoever caused your injury should be asked to pay for the medical expenses and the later costs. In such cases, the amount of liability must also be determined. Don't blindly pursue work-related injury compensation, if the injury is caused by the fault of others, you should seek compensation from the person concerned.

It is not considered a work-related injury, and an injury sustained on the way to and from work must be recognized as a work-related injury, and the following conditions must be met at the same time:

1. On the way to and from work;

2. The cause of the injury was a traffic accident;

3. In the determination of responsibility for the traffic accident, the person is not the main responsibility. Therefore, if you slip and fall on a snowy road and are injured by a fall, although it occurred on the way to and from work, you have not been injured in a traffic accident that is not your primary responsibility, and it cannot be recognized as a work-related injury.

If you are injured while you are away from work, you can be considered a work-related injury. Therefore, an accident or accidental injury caused by a slippery road in a snowy day during the period of going out for work can be recognized as a work-related injury, and the expenses are paid through work-related injury insurance, and the filial piety can be used to receive work-related injury insurance related benefits. If the employer does not provide the employee with processing injury insurance, the relevant expenses shall be borne by the employer.

It is considered a work-related injury, and at a fixed time, there is no accident on the round-trip route between the two and the unit.

Injuries related to overtime work on holidays are work-related injuries. The following circumstances may be recognized as work-related injuries: engaged in the daily work of the unit or the work temporarily designated by the person in charge of the unit; Occupational diseases caused by the working environment; Accidental injury or death caused by sudden illness during working hours and in the area; personal injury caused by the performance of duties; Injuries suffered due to work-related reasons while away on business; An accident occurs on the way to and from work on other reasonable routes within a reasonable time.

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) 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.