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A motor vehicle accident on the way to and from work can be counted as a work-related injury.
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The Regulations on Work-related Injury Insurance stipulate that if a person is injured in a motor vehicle accident on the way to and from work, it shall be deemed to be a work-related injury. Generally, on the way to and from work, it should be the only path to and from work. If you don't follow the normal route after work, go out to meet with friends, or do other personal matters, I am afraid it is not easy to identify it as a work-related injury.
In addition, the regulations provide for injuries caused by motor vehicles. However, the new draft has amended this to make it a work-related injury, regardless of whether it is a motor vehicle or a non-motor vehicle. Therefore, one of the key questions is whether the route you take to get off work is the necessary route to go home.
If so, there should be no major problem in identifying it as a work-related injury. Good luck.
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No, it's not that you were hit during working hours and at work.
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Hello, to the problem you described, the lawyer replied as follows:
First of all, apply for a work-related injury appraisal, and after confirming the disability level, it is the basis for confirming the compensation. Refer to Article 18 of the Regulations on Work-related Injury Insurance.
Second, the main scope of claims includes medical treatment for work-related injuries, one-time disability allowance, hospital meal subsidy, assistive devices, original salary and benefits during the medical treatment period, living care expenses, etc.
Third, compensation shall be made with reference to Articles 33, 34, 35, 36, 37, 38, 39 and 40 of the Regulations on Work-related Injury Insurance.
Fourth, if the negotiation fails, bring the relevant materials to the labor inspection department to complain, or directly go to the labor arbitration commission where the unit is located to file labor arbitration. Blessing!
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Count, yes, now the new labor law stipulates that being hit by a non-motor vehicle is also considered a work-related injury, and hitting a bicycle is also a work-related injury, but the non-motorized vehicle has not yet been implemented, you look at the labor law.
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) Being injured in a motor vehicle accident 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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Legal analysis: On the way to and from work, if you are injured in an accident that is not your main responsibility, or an accident involving urban rail transit, passenger ferry, or train, it is considered 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 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 the work period;
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 that is not the person's primary responsibility for neglecting to pay attention to while commuting to or from work;
7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.
Where they are hit by a car on the way off work and are not primarily responsible, it shall be found to be a work-related injury. >>>More
Whether it is a work-related injury or not needs to be determined according to the division of responsibility on the "Traffic Accident Identification Certificate" issued by the traffic management department. As long as you are not responsible, secondarily responsible, or equally responsible, it is possible to be recognized as a work-related injury. >>>More
The Regulations on Work-related Injury Insurance set strict limits on the circumstances under which work-related injuries can be determined. According to Article 14, Paragraph 3 of the Regulations of the People's Republic of China on Work-related Injury Insurance, if an employee is injured by violence or other accidents during working hours and in the workplace due to the performance of work duties, and if he or she 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, these two circumstances shall be recognized as work-related injuries. In other words, only if you are injured in a motor vehicle accident while commuting to or from work and you are not primarily responsible for it can be recognized as a work-related injury. >>>More
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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 >>>More