Is a traffic accident after work considered a work related injury?

According to the division of responsibility, if the injured person is not primarily responsible, it can be counted as a work-related injury, and if it is determined that the injured person is primarily responsible or fully responsible, it cannot be counted as a work-related injury, see the work-related injury insurance clause for details

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) 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.

Calculate. According to the Regulations on Work-related Injury Insurance:

Determination 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) 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.

After work, on the way home, on a reasonable route and at a reasonable time, if you are injured in a traffic accident or an urban rail transit, passenger ferry, or train accident, and you are partially primarily responsible, it shall be found to be a work-related injury. In other circumstances, it cannot be recognized as a work-related injury.

Attached: 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:

6) Injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train for which they are not primarily responsible;

A traffic accident after work is considered a work-related injury. Where a person is injured in a motor vehicle accident while commuting to or from work, it shall be found to be a work-related injury. Work-related injury insurance shall be deposited into the special financial account of social security, which shall be used for the payment of work-related injury insurance benefits, labor ability appraisal, publicity and training for work-related injury prevention as stipulated by relevant laws, as well as other expenses for work-related injury insurance stipulated by laws and regulations.

The specific measures for the extraction, use and management of work-related injury prevention expenses shall be formulated by the social insurance administrative department in conjunction with the departments of finance, health administration, and production safety supervision and management.

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 Control of Occupational Diseases, the unit to which he or she 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, with the consent of the social insurance administrative department, the application time limit can be appropriately extended to prepare for the cherry blossoms.

Legal basisArticle 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) 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) Chaining the cluster during the period of going out for work, being injured due to work reasons, or having an accident where the 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 shall be recognized as work-related injuries as provided by laws and administrative laws.

Legal Analysis: Count. On the way to and from work, if an employee is injured in a traffic accident or an accident involving urban rail transit, passenger ferry, car, or train for which he or she is not primarily responsible, it shall be deemed to be a work-related injury, and if an employee has any of the following circumstances, it shall be deemed to be a work-related injury.

Legal basis: Article 14 of the Regulations on Work-related Injury Insurance Article 14 If an employee has any of the following circumstances, it shall be deemed 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) Being injured in an accident while engaging in work-related preparatory or finishing work in the workplace before or after working hours;

3) Suffering accidental injuries such as violence during working hours and in a workplace with early wake-up eyes as a result of performing 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.

Legal analysis: A traffic accident on the way to work is a work-related injury. According to China's regulations on work-related injury insurance, if the injury is not caused by a traffic accident for which the person is primarily responsible, or a passenger ferry, train accident or urban rail transit accident, it can also be recognized as a work-related injury, and the employer shall be responsible for it.

Legal basis: Article 14 of the Regulations of the People's Republic of China on Work-related Injury Insurance An employee shall be deemed to have suffered a work-related injury under 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) 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.

Legal analysis: It is necessary to analyze the specific situation, if the employee is not responsible for the accident in the traffic accident, it can be recognized as a work-related injury; If the accident occurs due to the fault of the employee, it cannot be recognized as 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) Being injured in an accident in the workplace before or after working hours, engaging in work-related preparatory or finishing work;

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 during the period when the worker is out of the office;

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.

[Legal Analysis].Counting, on the way to and from work, if you are injured in a traffic accident or an accident in urban rail transit, passenger ferry, or train that is not your primary responsibility, it is a work-related injury.

Legal basisArticle 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) 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 due to work reasons or accidents caused by non-work veterans who are out of work or whose 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.