What responsibilities should the factory take for the work related injury after the employee has an

If the employer does not want to take responsibility, you can also go to the local labor department to handle the complaint 40 00 00 91 64, and the work after work is also counted as a work-related injury, including on the way home.

After getting off work, the work place working hours due to work reasons are counted as work-related injuries, engaged in work-related preparatory or finishing work and injured by accidents, and on the way off work are not the main responsibility of the traffic accident or urban rail transit, passenger ferry, train accidents injured are counted as work-related injuries, the unit is responsible for work-related injury compensation, and those who participate in work-related injury insurance are compensated by work-related injury insurance.

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.

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.

1.First of all, you must apply to the local labor department for work-related injury recognition, if the injury is determined to be work-related injury, you can apply for labor ability appraisal after the injury is stable, identify the work-related injury level, and then calculate the amount of disability compensation according to the disability level;

2.The compensation standard for work-related injuries is determined in accordance with the Regulations on Work-related Injury Insurance and the relevant provisions of the Implementation Measures for the Implementation of the Regulations on Work-related Injury Insurance issued by various municipalities (if the employer fails to pay work-related injury insurance in accordance with the regulations, the work-related injury compensation shall be borne by the employer).

1) The medical expenses shall be paid in full by the employer (borne by work-related injury insurance**);

2) During the period of suspension of work and salary (during the period of work-related injury** and **), the salary shall be paid according to the original treatment (borne by the employer);

3) The employer shall be responsible for the need for nursing care during the period of suspension of work and pay (the employer shall bear it);

4) The food subsidy during the hospitalization period shall be paid according to the standard of the location of the injured employee (borne by the work-related injury insurance**);

5) If the person is disability of grade 1-10 after the appraisal of his or her working ability, he or she can also enjoy the disability allowance (the disability of grade 1-4 shall be borne by the work-related injury insurance**, and the employer shall bear the disability of grade 5-6 and the employer shall bear the burden if it is difficult for the employer to arrange work), one-time disability subsidy (borne by work-related injury insurance**), and one-time work-related injury medical subsidy (received after the disability of grade 5-10 is terminated from the contract, and shall be borne by work-related injury insurance**) and a one-time disability employment subsidy (the employer will bear the burden after the disability of grade 5-10 is terminated).

4.If the employer fails to fulfill the above obligations, the injured employee may apply for arbitration to the local labor arbitration commission to protect his or her legitimate rights and interests.

Summary. Hello dear <>

A: Generally speaking, if an employee is injured after leaving the company, the original employer is not responsible for this.

Employees who are responsible for injuries to other factories after work.

Hello. Hello dear <>

A: Generally speaking, if an employee is injured after leaving the company, the original employer is not responsible for this.

According to Article 44 of the Labor Contract Law, an employer shall continue to perform its obligation to protect the safety of its employees after the termination of the employment relationship or after the termination of the employee's troublemaker. <>

However, if an employer can be held liable for the injury caused by a fault in the chain of thought, the employer will still be liable for the injury of the employee. It is necessary to judge the chain according to the specific situation, such as whether the employer reminded employees to pay attention to safety before the incident, whether the employer has safety training, etc.

Hello <>

We are happy to answer for you, the injury is not caused by work or factory fault, the factory is not responsible, if the employee is injured in a traffic accident or accident while taking a car, passenger ferry, or train that is not the employee's main responsibility, it can be recognized as a work-related injury, and the company should be held liable. However, if an employee falls and injures himself on the way to work, it does not belong to the category of joint work-related injuries, and the company does not need to bear the corresponding responsibility. It should be pointed out that only injuries caused by traffic accidents and not caused by the employee's primary responsibility will be recognized as work-related injuries.

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) he or she is injured by an accident during working hours and in the workplace due to work-related reasons, (2) he is injured by an accident while he or she is engaged in work-related preparatory or finishing work in the workplace before or after working hours, (3) he is injured by an accident such as violence during working hours and in the workplace due to the performance of his or her work duties, (4) he suffers from an occupational disease, (5) he or she is injured during a work-related trip, (6) Injured due to work-related reasons or whose whereabouts are unknown in an accident (6) Injured in a traffic accident or an accident in urban rail transit, passenger ferry, or train 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.

If a worker has an accident on the way to work, what is the responsibility of the factory?

If an accident occurs on the way to work, if the worker is not primarily responsible, it can be recognized as a work-related injury, and the employer's responsibility is mainly the wages during the medical treatment period for the work-related injury, as follows: Article 14 of the "Regulations on Work-related Injury Insurance" If an employee has any of the following circumstances, it shall be recognized as a work-related injury.

Legal Analysis: It is not the employees in the factory who are injured and need to be responsible for their own work.

Legal basis: Article 41 of the Social Insurance Law of the People's Republic of China If the employer to which the employee works fails to pay the work-related injury insurance premiums in accordance with the law, and a work-related injury accident occurs, the employer shall pay the work-related injury insurance benefits. If the employer 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.

1. After the occurrence of work-related accidents, the enterprise unit shall report the work-related injury and occupational disease in a timely manner, and shall not conceal or omit the report; secondly, the injured employee or his or her relatives apply for recognition of work-related injury and enjoy work-related injury benefits; Third, the trade union organization of the enterprise may submit an application on behalf of the injured employee.

2. Time requirements for reporting and application: From the date of the occurrence of the work-related accident or the date of diagnosis of the occupational disease, the enterprise shall report within 15 days, and the injured employee or his relatives shall apply within 15 to 30 days. Within this time, the report and application should be as soon as possible, which is conducive to timely investigation and evidence collection, and is conducive to the timely enjoyment of relevant benefits by injured employees.

3. Investigation and evidence collection and identification of work-related injuries: After receiving the work-related injury report and application, the labor administrative department shall pay close attention to the investigation and return of the work-related injury, which shall generally be extended to 30 days under special circumstances, and make a conclusion on whether to determine the work-related injury, and notify the work-related injury in writing. Investigation and evidence collection materials should include:

Employees apply and verify relevant issues; Diagnosis of work-related injuries and occupational diseases and related information from hospitals or medical institutions; Injury reports and on-site investigations of the enterprise.

4. Handling of work-related injury disputes: Different procedures should be applied to the two types of disputes. First, if the enterprise does not agree to the request of the injured employee, the employee or his relatives shall apply to the local labor dispute arbitration commission for arbitration.

If the parties are not satisfied with the arbitration conclusion, they shall appeal to the court. Second, if the enterprise or employee is dissatisfied with the decision of the local labor administrative department and the social insurance agency to determine the work-related injury or confirm the payment of benefits, it shall apply to the labor administrative department at the next higher level for administrative reconsideration; Those who are not satisfied with the conclusion of the administrative reconsideration shall file an administrative lawsuit with the court.

Hello, treat the illness first, and then apply for a work-related injury determination within 30 days.

Zongheng Legal Network-Gansu Xinzheng Law Firm-Zhong Jing lawyer.

Report to the labor department as soon as possible.

Determination of work-related injury] The Regulations on Work-related Injury Insurance stipulate that if an employee is injured in an accident, the unit to which he belongs shall submit an application for work-related injury determination to the social insurance administrative department of the coordinating area within 30 days from the date of occurrence of the accident injury. In case of special circumstances, the time limit for application may be appropriately extended with the consent of the social insurance administrative department.

Hello, go to the hospital first**, and then apply for a work-related injury determination. It is advisable to consult a lawyer in person.

Zongheng Legal Network-Gansu Haotai Law Firm-Hu Xuemei lawyer.

If you have paid the relevant expenses in advance, please be sure to keep it, and if you negotiate with the staff to settle it, ask the employee to sign for confirmation. If you cannot negotiate, you should apply to the labor department for a work-related injury determination within 30 days of the accident, and please refer to the "Work-related Injury Insurance Regulations" for what kind of treatment the employee should give.

Employees are not in the factory during working hours, and injuries caused by doing things that are not related to work are not considered work-related injuries.

Article 14 of the Special Provisions on Work-related Injury Insurance stipulates that if an employee has any of the following circumstances, it shall be recognized as 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) 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.

To put it simply: an injury that exceeds the scope of work is not a work-related injury.

Intentional self-inflicted behavior is not considered a work-related injury.

Is non-working time and non-work** considered a work-related injury?

If an accident occurs on the way to work, if the worker is not primarily responsible, it can be recognized as a work-related injury, and the employer's responsibility is mainly the wages during the medical treatment period of the work-related injury, as follows:

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;

Article 33 Where an employee is injured in an accident or suffers from an occupational disease at work and needs to suspend work to receive medical treatment for work-related injuries, the original salary and benefits shall remain unchanged during the period of suspension with pay, and shall be paid by the employer on a monthly basis. The period of leave without pay is generally not more than 12 months. If the injury is serious or the circumstances are special, it may be appropriately extended upon confirmation by the labor ability appraisal committee at the districted city level, but the extension shall not exceed 12 months.

After the work-related injury is assessed, the original benefits shall be suspended and the disability benefits shall be enjoyed in accordance with the relevant provisions of this Chapter. If the injured employee still needs to be ** after the expiration of the period of suspension of work with pay, he or she shall continue to enjoy the medical treatment of work-related injury. If an injured employee who is unable to take care of himself needs nursing care during the period of suspension of work with pay, the unit to which he or she belongs shall be responsible.

Depending on what kind of accidental injury is, if you are injured in a traffic accident or an urban rail transit, passenger ferry, or train accident that is not your main responsibility on the way to work, it is a work-related injury, and the factory shall bear the liability for work-related injury compensation. In case of other accidental injuries, the factory is not liable.

In accordance with the 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 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.