If the party responsible for the accident has already paid the full amount of the work related injur

1. To apply to the Human Resources and Social Security Bureau (formerly the Labor Bureau) for work-related injury identification, the company needs to report within one month of the accident, if the company does not apply, the injured employee or his close relatives shall apply for recognition within one year. Materials to be submitted: application form for work-related injury determination (**generally ** from the Labor Bureau), proof of labor relationship with the employer, medical diagnosis certificate, etc.;

2. If there is a disability that affects the ability to work after the injury is relatively stable, the applicant shall apply for labor ability appraisal and submit an application to the labor ability appraisal committee of the city divided into districts (generally established in the human resources and social security bureau at the same level);

3. According to different disability levels, the compensation obtained is different. The main compensation is: medical expenses, one-time disability allowance, one-time employment allowance, one-time medical allowance, salary during the period of leave of absence, food allowance, nursing expenses, etc.

4. If you do not have a labor contract or other evidence to prove the existence of an employment relationship, and cannot apply for a work-related injury determination, you can first apply for labor arbitration to confirm the existence of an employment relationship between you and the employer. After the existence of an employment relationship is confirmed by labor arbitration, an application for work-related injury determination is made.

If compensation has already been made, the work-related injury insurance will not compensate for it.

Legal analysis: If a traffic accident constitutes a work-related injury, the employee can apply for a work-related injury determination after the traffic accident is compensated, and the work-related injury compensation and the traffic accident compensation do not conflict.

Legal basis: "Regulations of the People's Republic of China 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 in the performance of his or her work duties during working hours and in the workplace, (4) he suffers from an occupational disease, (5) he or she is injured during a work-related absence, 6) Injured due to work-related reasons or where the whereabouts of the accident are unknown) Injured in a traffic accident or urban rail transit, passenger ferry, or train accident for which the person is 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.

Summary. Hello pro 3, to compensate, but if the compensation items that have been obtained in the work-related injury compensation are not allowed to claim compensation from the perpetrator, such as: medical expenses, lost work expenses, nursing expenses, etc., can not be repeated compensation.

The other party is fully responsible for the traffic accident, and the work-related injury of the unit has been compensated, does the perpetrator still have to compensate?

Hello pro 3, to compensate, but if the compensation items that have been obtained by Hua Zhengguo in the work-related injury compensation are not allowed to claim compensation from the perpetrator, such as: medical expenses, lost work expenses, nursing expenses, etc., and cannot be compensated repeatedly.

If a traffic accident constitutes a work-related injury, the employee may apply for a work-related injury determination after the traffic accident is compensated, and the work-related injury compensation and the traffic accident compensation do not conflict. "Regulations of the People's Republic of China on Work-related Injury Insurance" Article 14 An employee who has any of the following circumstances shall be deemed to be a work-related injury: (1) during working hours and in the workplace, injured by an accident due to work-related reasons, 2) injured in an accident while engaged in work-related preparatory or finishing work in the workplace before and 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 an occupational disease, 5) during the period of going out for work, 6) Injured by a relative and injured for work-related reasons, or where the whereabouts of an accident are unknown) Injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train for which the person is not primarily responsible while commuting to or from work, 7) Other circumstances that laws and administrative regulations provide shall be found to be work-related injuries.

According to the regulations, if the other party bears full responsibility in a traffic accident, or is injured in an accident on the road that is not the main responsibility of the person or an accident involving an urban rail or passenger ferry, or train, it is a work-related injury. After an accident occurs, you should first apply for a work-related injury determination. If the traffic accident and work-related injury are competing, and the traffic accident compensation has already paid medical expenses, funeral expenses, nursing expenses, hail equipment for disability, and lost work wages, the enterprise or the work-related injury insurance agency will no longer pay the corresponding benefits (the lost work wages for traffic accident compensation are equivalent to work-related injury allowances).

If the enterprise or the work-related injury insurance agency pays the relevant expenses in advance, the employee or his relatives shall repay the relevant expenses after receiving compensation for the traffic accident.

The following materials need to be prepared to apply for work-related injury determination:

1. Application form for work-related injury identification;

2. Proof of the existence of labor relationship (including de facto labor relationship) with the employer;

3. Medical diagnosis certificate or occupational disease diagnosis certificate (or occupational disease diagnosis and appraisal certificate).

Legal basisArticle 14 of the Regulations of the People's Republic of China on Work-related Injury Insurance.

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) 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.

Legal Analysis: If a traffic accident constitutes a work-related injury, the employee can apply for a work-related injury determination after the traffic accident is compensated, and the work-related injury compensation and the traffic accident compensation do not conflict.

Legal basis: Regulations of the People's Republic of China on Work-related Injury Shouxiang 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 absence, 6) Injuries caused by work-related reasons or accidents for which the whereabouts are unknown) Injuries caused by traffic accidents or accidents for which the person is not primarily responsible for the person on the way to and from work, or accidents in urban rail transit, passenger ferries, or trains, 7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.

1.If you are involved in a traffic accident while commuting to or from work for which you are not primarily responsible, it is a work-related injury. 2.

Specifically, you can first apply for a work-related injury determination, which should be done within one year from the date of the work-related accident. After the work-related injury is identified, the labor ability appraisal will be conducted, and compensation will be made according to the appraisal results. According to local standards and actual compensation:

Medical expenses, lost work expenses, nursing expenses, hospital meal allowance, one-time disability allowance. In the event of resignation or termination of the contract, a one-time medical subsidy for work-related injuries and a one-time employment subsidy for disability shall also be paid. 3.

After the injury is stabilized, the work-related injury level can be determined. 4.If the labor or employment contract is terminated upon expiration, or the employee himself or herself proposes to terminate the labor or employment contract, the work-related injury insurance** shall pay a one-time medical subsidy for work-related injuries, and the employer shall pay a one-time disability employment subsidy.

One-time medical allowance for work-related injuries shall be paid according to the wage rate for normal working hours.

Article 17 of the Judicial Interpretation on Compensation for Personal Injuries provides that if a victim suffers a personal injury, the compensation obligor shall compensate for all expenses incurred due to medical treatment and the loss of income due to lost work, including medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, 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 loss of lost beams for lost work and funeral expenses incurred by the victim's relatives in handling funeral matters.