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Anonymous users2024-02-08Determination of work-related injuries. Article 14 An employee shall be deemed to have suffered a work-related injury under any of the following circumstances:
4) Suffering from occupational diseases;
5) Injured or unaccounted for in an accident while away for work; 】
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Anonymous users2024-02-07The "Regulations on Work-related Injury Insurance" clearly stipulates that employees or close relatives of employees can apply for work-related injury recognition within one year after the accident, and if it is confirmed that it is a work-related injury after the work-related injury identification conclusion comes out, they can ask the company for work-related injury compensation.
Legal basis
Regulations on Work-related Injury Insurance Article 17 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 Treatment of Occupational Diseases, the unit to which he 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, the time limit for application may be appropriately extended with the consent of the social insurance administrative department.
If the employer fails to submit an application for recognition of work-related injury in accordance with the provisions of the preceding paragraph, the injured employee or his immediate family members or trade union organization may, within one year from the date of occurrence of the accident injury or the date of diagnosis or appraisal of an occupational disease, directly submit an application for recognition of work-related injury to the labor and social security administrative department of the coordinating area where the employer is located.
Matters that shall be determined by the provincial-level social insurance administrative department in accordance with the provisions of the first paragraph of this Article shall be handled by the social insurance administrative department at the districted-city level where the employer is located in accordance with the principle of territoriality.
If an employer fails to submit an application for determination of work-related injury within the time limit specified in the first paragraph of this Article, the employer shall bear the relevant expenses such as work-related injury benefits incurred during this period that comply with the provisions of these Regulations.
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Anonymous users2024-02-06If a traffic accident occurs while the worker is away on business, the worker is fully responsible for it, which is not a work-related injury. Where a person is injured due to work-related reasons or whose whereabouts are unknown in an accident while he or she is away for work, it shall be found to be a work-related injury, but the intentional injury of oneself cannot be found to be a work-related injury.
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) 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 violence or other accidental injuries during working hours and in the workplace 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) 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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Anonymous users2024-02-05Article 14 of the Regulations on Work-related Injury Insurance stipulates that an employee shall be deemed to have suffered a work-related injury if he or she falls 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) Suffering violence or other accidental injuries during working hours and in the workplace 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) 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.
1. What are the detailed provisions on the criteria for determining work-related injuries?
Chapter 3 of the Regulations on Work-related Injury Insurance stipulates the scope of work-related injuries, and any of the following circumstances shall be recognized as work-related injuries or treated as work-related injuries.
Article 14 stipulates that 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) Suffering violence or other accidental injuries during working hours and in the workplace 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) 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.
Article 15 stipulates that 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) The employee was originally serving in the army, but was disabled due to war or duty injuries, and has obtained a disabled military certificate, and is injured after arriving at the employer.
Where employees have any of the circumstances in items (1) or (2) of the preceding paragraph, they shall enjoy work-related injury insurance benefits in accordance with the relevant provisions of these Regulations; Employees who have the circumstances in item (3) of the preceding paragraph shall enjoy work-related injury insurance benefits other than a one-time disability subsidy in accordance with the relevant provisions of these Regulations.
Article 16 stipulates that if 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.
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Anonymous users2024-02-04If the driver of the unit has a traffic accident, Shouxiang determines that the work-related injury is okay. The personal injury caused by a traffic accident caused by a traffic accident caused by a driver driving a public vehicle before work shall be deemed to be a work-related injury and may enjoy medical treatment for work-related injuries.
Legal basisArticle 14 of the Regulations on Injury Insurance of Gong Hui Ming.
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) Suffering violence or other accidental injuries during working hours and in the workplace 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) 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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Anonymous users2024-02-03Legal Analysis: There is a relationship between the determination of work-related injuries and the determination of liability for road traffic accidents. If you do not bear the main or full responsibility for the accident, it is a work-related injury; If you are primarily or fully responsible for the accident, it is not a work-related injury.
Legal basis: Article 14 of 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) he or she is injured in an accident due to work-related reasons during working hours and in the workplace; (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 occupational diseases; 5) Injured or unaccounted for in an accident while away for work; (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.
This is a more controversial issue, some claim to get double compensation, some claim can only get the highest compensation, in our national practice, the vast majority of provinces and cities have stipulated that they can not receive double compensation, and earlier, the state also has relevant documents stipulating that in accordance with the principle of reciprocity of loss and compensation, the same damage can not get two compensation, and then there is a more profound significance that the traffic accident itself is not injured at work, in fact, it is an extension of the work injury, not a real sense of the work injuryIf you get two compensations, it will cause the interests of the workers who are really injured at work to be damaged, that is to say, if you are really injured at work, you can't get two compensations, and if you don't get two compensations for work-related injuries in the real sense, it is obviously unfair
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