Is it considered a work injury if you collide with a car in the middle of work and do not call the p

Hello, if you have a traffic accident on your way to and from work, it is a work-related injury if you do not bear the main responsibility. However, if you do not report to the police, there is no way to determine that you cannot provide the traffic accident certificate issued by the traffic police department when you are injured at work.

It is best to call the police, because some people think that if you don't call the police, you can solve it privately, but once you don't call the police, if the other party denies that there was a traffic accident, then it can't be recognized as a work injury.

First, the police can identify your traffic accident, you can claim traffic accident compensation, and the second police can help you declare your work-related injury. So it's best to call the police.

1.If the traffic accident liability certificate issued by the traffic police department determines that the accident is not your primary responsibility (you are secondarily responsible or equally liable), you can be injured by a traffic accident or an urban rail transit, passenger ferry, or train accident that is not your primary responsibility during the commute to and from work. Consider your injury work-related!

2.If there is no traffic accident certificate, it is estimated that the work-related injury cannot be recognized!

I didn't call the police, I didn't have a traffic liability letter, I couldn't apply for a work-related injury.

Legal analysis: On the way to and from work, an employee who is injured in a motor vehicle accident shall be deemed to have suffered a work-related injury. Reimbursement of medical expenses and expenses for work-related injuries from work-related injury insurance; Expenses such as hospital meal allowance.

Legal basis: Social Insurance Law of the People's Republic of China

Article 38 The following expenses incurred due to work-related injuries shall be paid from work-related injury insurance in accordance with the provisions of the State

1) Medical expenses and expenses for work-related injuries (2) Hospitalization meal subsidies (3) Transportation and accommodation expenses for medical treatment outside the overall planning area (4) Expenses required for the installation and configuration of disability assistive devices (5) Living care expenses confirmed by the Labor Ability Appraisal Committee for those who cannot take care of themselves (6) One-time disability subsidies and monthly disability allowances for disabled employees of grades 1 to 4 (7) When the labor contract is terminated or terminated, the one-time medical subsidy shall be enjoyed (8) If the employee dies on the job, Funeral allowances, pensions for dependent relatives and work-related death allowances received by their surviving family members (9) Labor ability appraisal fees.

Article 39 The following expenses incurred as a result of work-related injuries shall be paid by the employer in accordance with the provisions of the State:

1) Wages and benefits during the period of work-related injury (2) Disability allowance received by employees with grade 5 and grade 6 disabilities on a monthly basis (3) A one-time disability employment subsidy that should be enjoyed when the labor contract is terminated or dissolved.

Article 41 Where an employee's employer fails to pay work-related injury insurance premiums in accordance with law, and a work-related injury accident occurs, the employer shall pay work-related injury insurance benefits. If the employing bureau does not pay, it shall be paid in advance from the work-related injury insurance.

The work-related injury insurance benefits paid in advance from the work-related injury insurance** shall be reimbursed by the employer. If the employer fails to repay, the social insurance agency may recover compensation in accordance with the provisions of Article 63 of this Law.

According to the relevant provisions of the Regulations on Work-related Injury Insurance, an employee who is injured in a motor vehicle accident on the way to and from work shall be deemed to have suffered a work-related injury. The regulations stipulate that an employee shall be recognized as a work-related injury if he or she has one of six circumstances: he or she is 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; Injured by violence or other accidents during working hours and in the workplace due to 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; Other circumstances that laws and administrative regulations provide shall be recognized as work-related injury complaints.

The regulations also stipulate that if an employee has one of the following circumstances, it shall be regarded as a work-related injury: death from sudden illness during working hours and at work, or death within 48 hours after rescue is ineffective; 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. In the event of a dispute between an employee and an employer over the determination of work-related injury, the employer shall bear the burden of proof.

On 12 August 1996, the Ministry of Labor promulgated the Trial Measures for Work-related Injury Insurance for Employees of Enterprises, Article 8 of which clearly stipulates the circumstances under which work-related injuries can be recognized. According to the provisions, if an employee encounters a traffic accident on the way to and from work, it can be recognized as a work-related injury, but the following conditions must be met at the same time:

First, the traffic accident must have occurred at the specified time of commuting;

Second, it must have been a traffic accident on the route to and from work;

Third, it must be that the person is not responsible or is not primarily responsible;

Fourth, it must be a road traffic accident caused by a motor vehicle.

1. The difference between work-related injuries and work-related injuries is:

The subjects and their relationships are different. Work-related injuries occur in labor relations, that is, between employers and employees, and work-related injuries occur between state organs, public institutions and social organizations managed with reference to the Civil Servants Law and their staff.

The basis for determining treatment is different. Work-related injury benefits shall be determined by the work-related injury insurance regulations and local administrative regulations. Compensation for work-related injuries shall be formulated by the departments of personnel, labor and social security in conjunction with the departments of finance.

Whether or not you can participate in work-related injury insurance benefits are different. Work-related injuries can participate in work-related injury insurance and enjoy work-related injury insurance benefits. Work-related injuries cannot participate in work-related injury insurance, and cannot enjoy work-related injury insurance benefits, but enjoy relevant work-related injury benefits.

The subject of payment of benefits is different. Work-related injuries are entitled to work-related injury insurance benefits, and those who participate in work-related injury insurance shall be paid by work-related injury insurance** in accordance with regulations, and those who have not participated in work-related injury insurance shall be paid by the employer in accordance with work-related injury insurance benefits. The treatment for work-related injuries shall be paid by the employer.

There are different ways to resolve disputes. In the event of a dispute over work-related injury benefits, labor dispute arbitration, application for administrative reconsideration, filing of administrative litigation and civil litigation may be applied to resolve the dispute according to the specific circumstances. If there is an objection to the treatment of the unit's work-related injuries, it can only pass the personnel dispute arbitration award first, and if the person is not satisfied with the award, he may file a civil lawsuit with the people's court.

The claim process for the other party to be fully liable for a person who is hit by a car is: first ask the insurance company for compensation, and the insurance company shall bear the liability for compensation within the scope of compulsory traffic insurance; If there is still a loss to be compensated and the vehicle has purchased commercial insurance, there is a commercial insurance company to compensate within the scope of coverage; If it is not enough to compensate for the completion of the compensation, the driver of the motor vehicle shall bear the compensation himself. According to Article 1213 of the Civil Code, if a traffic accident occurs and the damage is the responsibility of the motor vehicle, the insurer who underwrites the compulsory insurance of the motor vehicle shall first compensate within the limit of the liability of the compulsory insurance; For the shortfall part, the insurer underwriting the commercial insurance of motor vehicles shall compensate in accordance with the provisions of the insurance contract; If it is still insufficient or has not taken out commercial insurance for motor vehicles, the infringer shall compensate for it.

Article 1213 of the Civil Code: If a motor vehicle is damaged by a traffic accident and is the responsibility of the motor vehicle, the insurer who underwrites the compulsory insurance of the motor vehicle shall first compensate within the limit of the liability of the compulsory insurance; For the shortfall part, the insurer underwriting the commercial insurance of motor vehicles shall compensate in accordance with the provisions of the insurance contract; If it is still insufficient or has not taken out commercial insurance for motor vehicles, the infringer shall compensate for it.

Whether it is a work-related injury or not needs to be determined according to the division of responsibility on the "Traffic Accident Identification Certificate" issued by the traffic management department. As long as you are not responsible, secondarily responsible, or equally responsible, it is possible to be recognized as a work-related injury.

For details, please refer to Article 14 of the Regulations on Work-related Injury Insurance as follows:

In any of the following circumstances, it shall be found to be a work-related injury: (6) 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;

Article 6 of Legal Interpretation 2014 No. 9 is as follows:

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 by a reasonable route between work and residence, habitual residence, or unit dormitory 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.

When I came back from work to buy food and went back to the workers' dormitory to call a car and crashed, is it considered a work injury?

According to the regulations on work-related injury insurance: your situation is a work-related injury, first of all, you must call the police, and the traffic police will issue an accident identification letter (this is very important, you must have to declare a work-related injury), and then let the car owner lose money (it should be issued by the insurance company), the following is to let the unit declare the work-related injury, if the unit does not agree, then you go to the labor bureau to declare, you can make a second compensation, that is, the car owner (insurance company) compensation and work-related injury compensation.

Of course, you don't count, you're already off work and you're not within the time frame of work, so it's not considered a work injury.

If you are hit while performing official duties or related activities during off-duty hours, it is considered a work-related injury.

On the way to work, I don't know if it counts after work.

If it is recognized as a work-related injury, the enterprise shall bear the responsibility.

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.

The decision makes two adjustments to the scope of work-related injury recognition:

First, the scope of work-related injury recognition on the way to and from work has been expanded, including motor vehicle and non-motor vehicle accident injuries on the way to and from work, as well as urban rail transit, passenger ferry, and train accident injuries, and at the same time, the scope of "non-primary responsibility" for accidents has been limited;

Second, in accordance with the provisions of the Social Insurance Law, the scope of work-related injuries shall not be recognized, the provisions that accidents caused by negligent crimes or violations of public security administration shall not be recognized as work-related injuries have been deleted, and the provisions that accidents caused by drug abuse by employees shall not be recognized as work-related injuries have been added.

Traffic accidents on the way to and from work that are not the main responsibility of the person can be recognized as a work-related injury, and an accident liability determination certificate is required.

The perpetrator shall be compensated in proportion to the liability, and the compensation items and standards may be referred to the Regulations on Work-related Injury Insurance and the Judicial Interpretation on Personal Injury Compensation.

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.

Social Insurance Act

Article 42 Where a work-related injury is caused by a third party, and the third party does not pay the medical expenses for the work-related injury or the third party cannot be identified, the work-related injury insurance shall pay in advance. After the work-related injury insurance** is paid in advance, it has the right to recover from a third party.

Summary. Hello, count. Specifically, according to Article 14 of the Regulations on Work-related Injury Insurance, the following circumstances shall be recognized as work-related injuries by employees:

1. On the way to and from work, you are injured in a traffic accident for which you are not primarily responsible.

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. The Regulations on Work-related Injury Insurance promulgated in 2003 stipulate that there is no limitation on liability for injuries sustained in motor vehicle accidents on the way to and from work. The 2010 revision of the Regulations on Work-related Injury Insurance increased the limitation of liability, that is, it is not the primary responsibility (equal or secondary) of the person to constitute a work-related injury. At this time, special attention should be paid to the following four necessary elements that should be considered when determining whether an employee's road traffic accident is a work-related injury:

1) The prescribed time for commuting to and from work;

2) Necessary routes to and from work;

3) No personal responsibility or non-personal responsibility;

4) Motor vehicle accidents.

Is it a work-related injury to be hit by a car on the way to work, and is it illegal for the employer not to pay wages?

Hello, I am a lawyer with decades of experience! I've seen your problem! Xi Xiao will reply to you within five minutes, and after you are done, if you are satisfied with Xun Luyan, you can give me a thumbs up. Thank you!

Hello, count. Specifically, according to Article 14 of the Regulations on Work-related Injury Insurance, an employee shall be deemed to have suffered a work-related injury in the following circumstances: 1. Injured in a traffic accident for which he or she is not primarily responsible while commuting to or from work.

Non-primary responsibility refers to the situation of equal responsibility, secondary responsibility and no responsibility; If you are injured due to an accident for which you are primarily responsible and for which you are fully responsible, it is not a work-related injury. The Regulations on Work-related Injury Insurance promulgated in 2003 stipulate that there is no limitation on liability for injuries sustained in motor vehicle accidents on the way to and from work. The 2010 revision of the Regulations on Work-related Injury Insurance increased the limitation of liability, that is, it is not the primary responsibility (equal or secondary) of the person to constitute a work-related injury. At this time, special attention should be paid to the following four necessary elements that should be considered when determining whether an employee's road traffic accident is a work-related injury:

1) The prescribed time for commuting to and from work; 2) Necessary routes to and from work; 3) No personal responsibility or non-personal responsibility; (4) Accident of high-speed train with smiling pants.

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