What compensation should be given by the employer for falling on the way to work15

Updated on society 2024-05-10
5 answers
  1. Anonymous users2024-02-10

    I should know that commuting to and from work is a work-related injury, and some of us have similar things.

    This is a work-related injury, and there is nothing wrong with it.

    Articles 8 and 9 of the "Trial Measures for Work-related Injury Insurance for Employees of Enterprises" promulgated by the Ministry of Labor in 1996 have made more detailed provisions on the identification of work-related injuries, and Articles 8 and 9 of them stipulate that "if a road traffic motor vehicle accident occurs without personal responsibility or non-personal responsibility on the specified time and necessary route for commuting", it shall be recognized as a work-related injury. From this article, it can be seen that the following conditions must be met to qualify for a work-related injury that occurs during the commute to and from work:

    1) Occurs within the specified time of commuting; (2) Occurs on a route that must be passed to and from work; (3) It is a road traffic motor vehicle accident; (4) The person is not responsible or has no primary responsibility.

    Although your fall occurred within the specified time and on the route you must take to and from work, it was caused by your own fall, which is not a road traffic motor vehicle accident, and you fail to meet all the conditions required for this type of work-related injury, so it cannot be recognized as a work-related injury, and can only be treated as a non-work-related injury.

    Resources.

  2. Anonymous users2024-02-09

    Hehe, you should ask a legal professional to see if it is a work injury.

  3. Anonymous users2024-02-08

    [Legal Analysis]: It depends. If an employee falls and is injured on the way off work, if it is a traffic accident and is not the employee's main responsibility, he or she can apply for work-related injury recognition and enjoy work-related injury compensation; If there are other accidents, the employer is not liable for compensation if it is the employee's own responsibility and cannot be recognized as a work-related injury.

    The scope of work-related injuries is the premise for the determination of work-related injuries, and is generally directly stipulated by law. Compensation generally includes the following items: if the victim is injured but not disabled, medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, necessary nutrition expenses, etc.

    If the victim is disabled due to injury, medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, necessary nutrition expenses, disability compensation, disability assistive device expenses, living expenses for dependents, compensation for mental damages, and necessary Kangsun atrial treatment expenses, nursing expenses, and follow-up treatment expenses actually incurred due to ** nursing and continuation**.

    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) During working hours and in the workplace, he or she is injured by an accident 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 violence or other accidental injuries during working hours and in the workplace as a result of performing work duties; (4) Suffering from an occupational disease; (5) During the period when they are away for work, they are injured due to work reasons or their whereabouts are unknown in an accident; (6) Being injured in a traffic accident or an urban rail transit, passenger ferry, or train accident 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.

  4. Anonymous users2024-02-07

    Summary. According to the provisions of the relevant laws of our country, if you accidentally fall and are injured in the process of going to work, if it is not a traffic accident, it cannot be recognized as a work-related injury, and if it is a traffic accident and the party does not bear the main responsibility, it can be recognized as a work-related injury.

    If an employee falls and is injured on the way to work, how can the employer compensate him/her?

    Hello, did you fall and get injured in a traffic accident?

    The employee fell on a bicycle on the way off work, and did not inform in time, and said that he had a fracture after three days, and how to deal with it.

    He said he had fallen, and after three days, he said he had broken a bone.

    Hello, this can't be considered a work injury.

    According to the provisions of the relevant laws of our country, if you accidentally fall and are injured in the process of work, if it is not a traffic accident, it cannot be recognized as a work-related injury.

    Do you have to pay for medical expenses and lost time expenses?

    No, if he participates in accident insurance, he can be reimbursed according to the accident insurance.

    Just hired. Hello, the company can buy accident insurance for employees.

    Social security has just been bought, but it has come into effect two days late.

    Yes, because he is an accidental injury, this is not within the scope of reimbursement, and it can only be reimbursed by accident insurance.

    She wrestled after work, so they thought the company would have to pay for medical bills and lost time expenses.

    No, only in the traffic accident on the way to work, you can ask the company to pay compensation, according to the work-related injury compensation.

  5. Anonymous users2024-02-06

    Legal analysis: After the employee is injured, the company takes the initiative to apply for a work-related injury recognition for the employee, and if the company fails to determine that the employee is injured in time, the company must compensate according to law. If an employee is injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train that is not his or her primary responsibility while commuting to and from work, the enterprise shall bear the compensation for the work-related injury, and if it is not a work-related injury, it shall not be liable.

    Legal basis: Article 14 of the Regulations on Work-related Injury and Resistant Goods 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 in an accident during working hours and in the workplace due to work-related reasons; (2) Being injured in a comic accident while engaging in work-related preparatory or finishing work in the workplace before or after working hours; (3) During working hours and in the workplace, being injured by violence or other accidents due to the performance of duties related to the collapse of the mountain; (4) Suffering from an occupational disease; (5) During the period when they are away for work, they are injured due to work reasons or their whereabouts are unknown in an accident; (6) Being injured in a traffic accident or an urban rail transit, passenger ferry, or train accident 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.

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