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If a 67-year-old falls and is injured on the way to work, it is a work-related injury, and if the employer is re-employed, the employer should treat it as a work-related injury.
In 1996, the former Ministry of Labor of China promulgated the Trial Measures for Work-related Injury Insurance for Employees of Enterprises, which clearly stipulates the scope of work-related injuries. Where an employee is injured, disabled, or dies due to any of the following circumstances, it shall be found to be a work-related injury, and its scope is as follows:
1.Those who are engaged in the daily production or work of the unit or the work temporarily designated by the responsible person of the unit, and in an emergency, engage in work that is directly related to the major interests of the unit, although they have not been designated by the responsible person of the unit.
2.Upon arrangement or consent of the responsible person of that unit, engaging in scientific experiments, inventions, creations, and technological improvement work related to that unit.
3.Occupational diseases caused by exposure to occupational harmful factors in the production and working environment.
4.During the production working hours and in the area, accidental injuries caused by unsafe factors, or death due to sudden illness due to work tension or total loss of labor after the first rescue**.
5.Personal injury caused by the performance of duties.
6.Engaging in rescue, disaster relief, rescue, and other activities to safeguard the interests of the state, society, and the public.
7.Disabled servicemen who have been disabled in the line of duty or because of the war have been injured after recovering from their majors and working in the enterprise.
8.During the period of going out on business, due to work reasons, the person is injured or missing due to a traffic accident or other accident, or dies due to a sudden illness or loses labor force after the first rescue**.
9.An accident occurs during the commute to work on other reasonable routes within a reasonable time is a work-related injury.
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. (Injuries on the way to and from work refer to traffic accidents that occur at a reasonable time and route, and for which the person is not primarily responsible.) )
11.Other circumstances stipulated by laws and regulations.
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Injuries are sustained on the way to and from work, which is a typical work-related injury. Work-related injuries have nothing to do with age, and the boss not only has to pay medical expenses, but also wages must be paid normally.
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The boss has no obligation, and formally speaking, the boss will only pay if something happens in the company. Out of the company does not have this obligation.
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Summary. Dear, how to compensate for injuries at the construction site at the age of 60 on the first day of work, injured half an hour after work, the temporary boss does not know that the 60-year-old can ask the boss to pay the medical expenses in advance, requirements: **The cost of work-related injury meets the list of work-related injury insurance diagnosis and treatment items, the list of work-related injury insurance drugs, and the work-related injury insurance hospitalization service standards.
2. Legal basis: Article 30, paragraph 3 of the Regulations on Work-related Injury Insurance. 3. Remarks:
If the employer does not participate in work-related injury insurance, it is not required to go to a medical institution with a service agreement**.
Sixty years old injured on the construction site how to pay for the first day of work, injured half an hour after work, temporary disadvantages and add people The boss does not know that the 60-year-old can ask the boss to pay the medical bills in advance?
Dear, how to compensate for injuries at the construction site at the age of 60 on the first day of work, injured half an hour after work, the temporary boss does not know that the 60-year-old can ask the boss to pay the medical expenses in advance. 2. Legal basis:
Paragraph 3 of Article 30 of the Regulations on Work-related Injury Insurance. 3. Note: If the employer does not participate in work-related injury insurance, it is not necessary to go to a medical institution that has signed a service agreement**.
Relatives shall be prescribed by the people of each work-related injury insurance co-ordination area. 2. Requirements: During hospitalization.
3. Legal basis: Article 30, Paragraph 4 (3) of the Regulations on Work-related Injury Insurance: Transportation expenses, accommodation expenses 1, standards: stipulated by the people's government of Kaifan Nationality in each work-related injury insurance co-ordination area.
2. Requirements: The medical institution issues a diagnosis certificate, the handling agency agrees, and the injured employee seeks medical treatment outside the overall planning area. 3. Legal basis:
Article 30, paragraph 4 of the Regulations on Work-related Injury Insurance. (4) **** fee 1, standard: ** The cost of work-related injury meets the list of work-related injury insurance diagnosis and treatment items, the list of work-related injury insurance drugs, and the standard of work-related injury insurance hospitalization services.
2. Legal basis: Article 30, paragraph 6 of the Regulations on Fraud Prevention and Control of Work-related Injury Insurance. 3. Remarks:
According to local regulations, the ** treatment of sedan car brightness therapy needs to be evaluated by experts organized by the handling agency.
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According to Article 14 of the Regulations on Work-related Injury Insurance (Administrative Regulations), if an employee is injured in an accident during working hours and in the workplace due to work-related reasons, it shall be deemed to be a work-related injury. If the employer fails to take out insurance (work-related injury insurance) for the employee, the employer shall be liable for civil compensation in accordance with Articles 11 and 17 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases (Fa Shi [2003] No. 20). The scope of compensation is:
Various expenses incurred for medical treatment** and income lost due to lost work, including medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, necessary nutrition expenses, etc.
Article 14 of the Regulations on Work-related Injury Insurance (Administrative Regulations) 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;
Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases (Fa Shi [2003] No. 20).
Article 11 Where an employee suffers personal injury in the course of employment activities, the employer shall be liable for compensation. If a third party outside the employment relationship causes personal injury to an employee, the person entitled to compensation may request the third party to bear the liability for compensation, and may also request the employer to bear the liability for compensation. After the employer assumes the liability for compensation, it can recover from a third party.
If an employee suffers personal injury due to a work safety accident in the course of employment activities, and the employer or subcontractor knows or should know that the employer receiving the contract or subcontract business does not have the corresponding qualifications or conditions for safe production, it shall be jointly and severally liable with the employer for compensation.
The provisions of this article do not apply to the scope of labor relations and work-related injury insurance regulated by the Regulations on Work-related Injury Insurance.
Article 17: Where a victim suffers a personal injury, the person obligated to compensate for all expenses incurred for medical treatment, as well as the loss of income due to lost work, including medical expenses, lost work expenses, nursing expenses, transportation expenses, lodging expenses, hospital meal allowances, and necessary nutrition expenses.
If the victim is disabled due to injury, the compensation obligor shall also compensate for the necessary expenses incurred by the victim due to the increase in living needs and the loss of income caused by the loss of the ability to work, including disability compensation, disability assistive device expenses, and living expenses for dependents, as well as the necessary expenses, nursing expenses, and follow-up expenses actually incurred due to nursing care and continuation.
Where the victim dies, the compensation obligor shall, in addition to compensating the relevant expenses provided for in the first paragraph of this article on the basis of the circumstances of the rescue, also compensate for the funeral expenses, the living expenses of the dependents, the death compensation expenses, and other reasonable expenses such as transportation expenses, lodging expenses, and lost work expenses incurred by the victim's relatives in handling funeral matters.
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Nutrition expenses, lost work expenses, transportation expenses, ......
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In this case, as you said, in addition to paying for medical expenses, you also have to pay for some mental losses, solatium, living allowance and other expenses
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You don't have to pay him back, this is how it should be, because he fell just to go to work.
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If you fall and injure yourself on the way to work, your boss should return the medical expenses you paid.
Article 14 (6) of the Regulations on Work-related Injury Insurance stipulates that "a person who 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 shall be deemed to have suffered a work-related injury. However, if an employee falls and injures himself on the way to work, it is obviously inconsistent with it and cannot be recognized as a work-related injury.
If you fall and are injured on the way to work, the employer shall pay sick leave wages at a rate not lower than 80% of the local minimum wage standard during the suspension period, and the expenses shall be handled in accordance with the provisions of medical insurance.
The expenses advanced by the legal representative of the employer are the property of the employer and do not have the obligation to pay and shall be returned in a timely manner. If it is paid in advance by the employer, it shall be settled with it, and what should be refunded shall be returned.
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[Determination of work-related injury]:
5) During the period of going out for work, the person is injured due to work reasons or the whereabouts of the accident are unknown;
6) Being 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;
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Are you talking about the boss of the workplace? The owner is not responsible.
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: (6) On the way to and from work, he or she 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;
Based on this, it is unlikely that you will be found to have suffered a work-related injury.
Note that it is "not the main responsibility of the person", you say "hit someone else and seriously injure yourself", is it a motor vehicle? Has the responsibility been determined? Is it primarily responsible?
If it is the main responsibility of the person, it is not considered a work-related injury. At present, this case is not a work-related injury, and the boss is not responsible.
In addition, if you are a motor vehicle, you can activate the compulsory motor vehicle insurance, which will compensate you for medical expenses, related lost work, disability and other related losses within the limit. Compulsory liability insurance can be compensated without distinguishing between liabilities.
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There is no responsibility to be determined by the court!
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