Is the determination of work related injuries now divided into responsible and non responsible work

The determination of work-related injury only distinguishes whether it is the cause of work, and does not distinguish responsibility.

China's work-related injury insurance implements a no-fault liability insurance system, and work-related injuries do not affect work-related injury insurance benefits due to their own faults. In the determination of work-related injury, it only distinguishes whether the accident was injured due to work, but does not distinguish the liability for the accident. According to the Regulations on Work-related Injury Insurance, any work-related injury shall be deemed to be a work-related injury if one of the circumstances specified in Articles 14 and 15 is met, and there are no circumstances specified in Article 16.

However, in the handling of accidents, according to the "Work Safety Law" and the handling of safety accidents, "the cause of the accident has not been clarified; The responsible personnel will not let go if they do not deal with it; The responsible persons and the masses are not allowed to be educated; If the rectification measures are not implemented, the "four principles of not letting go" should be clearly distinguished.

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 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 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.

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.

Article 16: Where an employee meets the requirements of Articles 14 and 15 of these Regulations, but in any of the following circumstances, it shall not be recognized as a work-related injury or treated as a work-related injury:

1) Intentionally committing a crime;

2) Drunk or drug addiction;

3) Self-harm or suicide.

In the event of a work-related accident, the main responsibility is still borne by the enterprise or employer, organization and group! The injured are not personally liable!

There is no division of responsibility for work-related injuries.

If a worker is injured or suffers from an occupational disease due to work, the employer shall, within 30 days from the date of occurrence of the accident injury or the date of diagnosis or appraisal of an occupational disease, apply to the social insurance administrative department of the coordinating area for recognition of work-related injury.

Depending on the degree of disability, the standard and amount of compensation received by injured workers are different. If the death is caused, a one-time work-related death allowance, funeral allowance and pension for dependent relatives shall be enjoyed. Appraisal fees, transportation expenses, and nutrition expenses shall be borne by the employer according to the specific actual situation.

Legal basis] Regulations on Work-related Injury Insurance

Article 17 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 occurrence of the accident injury or the date of diagnosis or appraisal of an occupational disease, 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 immediate family members or trade union organization may, within one year from the date of occurrence of the accident injury or the date of diagnosis or appraisal of an occupational disease, directly submit an application for recognition of work-related injury to the labor and social security administrative department of the coordinating area where the employer is located.

Matters that shall be determined by the provincial-level social insurance administrative department in accordance with the provisions of the first paragraph of this Article shall be handled by the social insurance administrative department at the districted-city level where the employer is located in accordance with the principle of territoriality.

If an employer fails to submit an application for determination of work-related injury within the time limit specified in the first paragraph of this Article, the employer shall bear the relevant expenses such as work-related injury benefits incurred during this period that comply with the provisions of these Regulations.

Summary. Work-related injuries are not divided into liability and non-responsibility, and work-related injuries protect the interests of employees, as long as they are stipulated in the work-related injury insurance regulations, they can be recognized as work-related injuries, for example, injuries suffered during working hours in the workplace due to work reasons or related matters related to the preparation and completion of work, or accidental injuries, can be recognized as work-related injuries.

As long as it is stipulated in the regulations on work-related injury insurance, it can be recognized as a work-related injury, for example, in the workplace during working hours, due to work reasons or injuries caused by the preparation before work and the completion of work, or accidental injuries, can be recognized as work-related injuries.

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It is not necessary for the other party to be fully responsible for the determination of work-related injury. One criterion for determining work-related injuries is that the injury suffered by the employee is caused by work-related reasons, of which the work-related causes only need to be the main responsibility, rather than the full responsibility.

The determination of work-related injury is not as long as it is not the main responsible person.

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The determination of work-related injuries does not have to be fully responsible for the other party's bad work. One criterion for determining work-related injuries is that the injuries suffered by the employees are caused by work-related reasons, and the work-related causes only need to be the main responsibility, rather than the full responsibility.

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) he or she is 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 a stuffy potato workshop before or after the concealment time of the dust cover; 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.