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On the way to work, there is a possibility that if a train wheel gets on the road and the foot is injured, it may be recognized as a work-related injury.
On the way to work, if an employee rides an electric vehicle to work, at a reasonable time and route, he or she falls and is injured by oil, which is a traffic accident, which is caused by poor observation, and he shall bear the main responsibility and cannot be recognized as a work-related injury; If it is caused by unavoidable reasons, the person shall not bear the main responsibility, and shall be deemed to be a work-related injury in accordance with the provisions of Article 14 (6) of the Regulations on Work-related Injury Insurance.
The determination of responsibility for the accident shall be based on the Road Traffic Accident Liability Determination issued by the traffic management department of the public security organ or the effective ruling of the people's court on the accident liability.
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) 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.
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The regulations on work-related injury insurance stipulate that if a traffic accident occurs on the way to and from work, and you do not bear the main responsibility, it is a work-related injury, and you do not meet the regulations.
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Injuries sustained on the way to and from work are considered work-related injuries.
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According to the law, a traffic accident that occurs during an employee's commute to and from work due to his or her own reasons is not considered a work-related injury.
Work-related injuries refer to injuries caused by adverse factors and occupational diseases suffered by workers when they are engaged in occupational activities or activities related to occupational activities. It is also known as industrial injury, occupational injury, industrial injury, and work 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.) )
10.Other circumstances stipulated by laws and regulations.
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You are neither a work-related injury nor a social security reimbursement in the first place, and the work-related injury must be a traffic accident on the way to and from work that is not your main responsibility, and yours is a traffic accident for which you are primarily responsible. Social Security does not report traffic accidents. So you can only be responsible for being late.
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It should be a work-related injury.
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) 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.
Article 15 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) Employees who previously served in the army, were disabled due to war or duty injuries, and have obtained the certificate of revolutionary disabled soldiers, and were 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: Where 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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Don't ignore the accident liability certificate, if the injured person is really fine, then call the insurance company to cancel the insurance report, so that you are not out of insurance, only 300 yuan do not go out of insurance, it is not worth it.
If you don't report insurance, the accident liability certificate is useless, keep it first, see if the other party has a follow-up **, if there is, you can still use it. If not, forget it.
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1.Whether it can be recognized as a work-related injury depends on whether the employee is primarily responsible for the accident, and if he is primarily responsible, it cannot be recognized as a work-related injury.
2.If the traffic accident liability certificate issued by the traffic police department determines that the accident is not the main responsibility of the employee (the employee himself bears secondary responsibility or equivalent responsibility), he or she can be injured in a traffic accident or urban rail transit, passenger ferry, or train accident that is not his primary responsibility during the commute to and from work. The employee's injury was determined to be work-related injury.
3.If you have any questions, you can directly call 12333 to consult the local labor department.
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The driver is solely responsible, and sometimes the driver does it on purpose. The recovery of the injuries suffered by pedestrians is about 100 days, and the loss after injury is at least about 30,000. Mental trauma and psychological trauma cannot be compensated for by money, and the driver must be punished. He was detained for at least 10 days.
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I was also crushed by the car, I wanted to check, how to pay? But the driver ran away and didn't see the car number clearly, there was a sharp pain, his eyes were closed, and he ran away.
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Let's look at the responsibilities of both parties first, and the police will be determined by **.
Compensation shall be made according to the size of the fault of the other party.
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How to determine the responsibility for the accident.
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You're lazy. It's hard to say. Because according to the provisions of the Work-related Injury Law. A traffic accident that occurs on the way to work that is not caused by oneself is a work-related injury. But there are also traffic police who believe that the other party is responsible. And you're not responsible.
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Hello, an injury caused during working hours can be considered a work injury!
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If it is a working time, the workplace is injured due to work-related reasons.
Work injuries are not the same as disability, regardless of the severity or severity of your injuries.
If the employer is required to apply for a work-related injury determination, the employer does not apply, you can apply in person to the labor bureau, which must be within one year.
If you are found to have suffered a work-related injury, you will have to pay your medical expenses, hospital meals, nursing care, and pay for the period of leave without pay.
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 employer to which he or she belongs shall be within 30 days from the date of occurrence of the accident injury or the date of diagnosis or appraisal of an occupational disease. If the employer fails to submit an application for recognition of work-related injury in accordance with the regulations, the injured employee or his close relatives 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 social insurance administrative department of the coordinating area where the employer is located. >>>More
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Your description alone should not constitute a work injury. Although a traffic accident on the way to and from work can be recognized as a work-related injury, the following conditions must be met: first, it must be within the specified time for commuting to and from work; Second, it must be on the necessary route to and from work; Third, it must be that the person is not responsible or is not primarily responsible; Fourth, it must be a road traffic accident caused by a motor vehicle. >>>More
Sickness at work is not a work-related injury, and the medical expenses required are reimbursed through medical insurance, and other expenses are borne by yourself, and the employer does not need to pay. Even if you are injured at work, the employer does not need to pay the travel expenses of your family. >>>More
Falling and injuring yourself on the way to work is not considered a work-related injury, after all, slippery roads in rainy weather do not meet the condition of "being held primarily responsible". >>>More