If you are injured in a car accident at work, how does the company pay for the work related injury?

There is no problem at all, the compensation of the insurance company and the compensation of the employer are two completely different things. Although both of these seem to be financial compensation, they are completely different in the legal sense.

Specifically, the insurance company pays you money because you were in a car accident on your way to work, which is an act in the commercial field and falls within the scope of civil law. If you claim work-related injury compensation from your employer, the corresponding legal attribution should be social law. Therefore, if the situation described in the title really occurs, you can indeed get two compensations, and the compensation of the insurance company and the compensation of the employer do not conflict with each other.

Of course, if you're really lucky, you run into some unscrupulous company - or the company leaders are reluctant to pay this compensation because they think you already have a compensation from the insurance companyIt is very unreasonable to also file a workers' compensation claim. This is actually a very typical manifestation of legal blindness. Because according to the law, as long as you are found to have a work-related injury, it does not matter whether you have received other financial compensation beforeThe company must be liable for the work-related injury.

However, there are many people who don't know how to apply for work-related injury identification, and here I will briefly introduce it to you.

As long as you think that you have a work-related injury, you can submit a work-related injury appraisal and work-related injury application to the local labor and social security department. At this time, the relevant authorities will conduct a detailed background check on your accident to confirm whether you really fall into the category of work-related injuries. If it is finally confirmed that it is indeed a work-related injury, then you are equivalent to being confirmed by the authority to have a work-related injury.

Next, you can apply for labor ability level appraisal, and the professional appraisal agency will give you a specific labor ability level, and then file a claim with the company according to this information, and the compensation amount and standard corresponding to different labor levels are different. Of course, the work-related injury here must refer to the injury that has an impact on the ability to work. Like thatThe hand was broken a little skin, and the little finger was knockedIf it is not serious, it is not considered a work injury.

The employer should also be compensated, but in this case, it is not a problem that arises because of the work, so at this time, the employer does not need to bear too much compensation, only a part of it.

Hello, happy to answer for you. OK. The commercial insurance compensation underwritten by the insurance company is tort compensation, and the compensation for work-related injury insurance benefits is mutually reciprocal in terms of legal relationship.

First of all, tort compensation and work-related injury insurance benefits are different legal relationships and belong to different sectoral laws. The traffic accident victim's claim for compensation from the tortfeasor based on the tortfeasor's tortious act belongs to the scope of civil law adjustment, and the victim's claim for work-related injury insurance benefits belongs to the scope of social law adjustment, and the two belong to the scope of adjustment of different departmental laws. Secondly, the principle of attribution of liability is different between the legal relationship of tort compensation and the legal relationship of work-related injury insurance.

Work-related injury insurance implements the employer's no-fault liability, and does not consider whether the employee is at fault, as long as the work-related injury occurs, the work-related injury insurance agency shall pay full compensation. The civil tort considers whether the victim is negligent, and reduces the amount of compensation accordingly according to the degree of negligence of the victim. Finally, the purpose of work-related injury insurance is to ensure that citizens can receive corresponding assistance in the event of a work-related injury, not to reduce the liability of the tortfeasor who is at fault.

Therefore, there is no reason for the liability of the indemnity obligor to be reduced by the fact that the victim is entitled to work-related injury insurance benefits. The infringer should not be granted the right to be exempted from tort liability because the victim unit has fulfilled its obligation to pay insurance premiums. Hope it helps you and I wish you happiness and happiness every day!

Hello, happy to answer for you. OK. The commercial insurance compensation underwritten by the insurance company is tort compensation, and the compensation for work-related injury insurance benefits is mutually reciprocal in terms of legal relationship.

First of all, tort compensation and work-related injury insurance benefits are different legal relationships and belong to different sectoral laws. The traffic accident victim's claim for compensation from the tortfeasor based on the tortfeasor's tortious act belongs to the scope of civil law adjustment, and the victim's claim for work-related injury insurance benefits belongs to the scope of social law adjustment, and the two belong to the scope of adjustment of different departmental laws. Secondly, the principle of attribution of liability is different between the legal relationship of tort compensation and the legal relationship of work-related injury insurance.

Work-related injury insurance implements the employer's no-fault liability, and does not consider whether the employee is at fault, as long as the work-related injury occurs, the work-related injury insurance agency shall pay full compensation. The civil tort considers whether the victim is negligent, and reduces the amount of compensation accordingly according to the degree of negligence of the victim. Finally, the purpose of work-related injury insurance is to ensure that citizens can receive corresponding assistance in the event of a work-related injury, not to reduce the liability of the tortfeasor who is at fault.

Therefore, there is no reason for the liability of the indemnity obligor to be reduced by the fact that the victim is entitled to work-related injury insurance benefits. The infringer should not be granted the right to be exempted from tort liability because the victim unit has fulfilled its obligation to pay insurance premiums. Hope it helps you and I wish you happiness and happiness every day! 欄欄

The employer should compensate for the work-related injury, and according to the regulations, this part is within the scope of the work-related injury, as long as it is not your criminal liability.

The workplace should compensate for work-related injuries because we are on our way to work and are covered by workers' compensation.

The Opinions on Several Issues Concerning the Trial of Work-related Injury Compensation Cases clearly stipulate that compensation for work-related injury cases caused by a third party who "suffers a car accident on the way to work" is clearly stipulated, and compensation must not only be paid, but also paid in a timely manner. It is reported that there are more than 10,000 work-related injury compensation cases in our city every year, of which more than 1,500 are caused by a third party, involving nearly 60 million yuan in compensation. The new regulations issued by the Municipal High People's Court focus on detailed provisions on compensation for such work-related injury cases.

The insurance agency will pay the compensation first, and "a car accident on the way to work is also considered a work-related injury." According to the relevant person of the Municipal High Court, among the more than 1,500 cases of work-related injuries caused by third parties, most of them were traffic accidents that occurred on the way to and from work. In order to ensure that the injured employee and his relatives receive adequate relief in a timely manner, the Municipal High Court stipulates that after the occurrence of a work-related injury, the injured employee may request the perpetrator to bear civil compensation liability, and may also request the employer to pay work-related injury insurance benefits in accordance with the Regulations on Work-related Injury Insurance.

If the perpetrator escapes or is truly unable to compensate, the work-related injury insurance agency and the employer can pay the work-related injury insurance benefits in accordance with the law, so as to avoid the problem of the injured employee's life difficulties due to the long time of civil litigation. In order to ensure the fair distribution of premature fibrillation certificates, the Municipal High Court determined that the city will adopt the method of compensation for work-related injuries with complementary differences. It is understood that when the injured employee has received the full amount of civil compensation paid by the perpetrator, the work-related injury insurance agency and the employer will no longer pay the work-related injury insurance benefits; When the amount of civil compensation is lower than the work-related injury insurance benefits, the insurance institution and the employer shall make up the difference.

The insurance institution can recover in both directions While ensuring that the compensation is paid in full, if the injured employee files a lawsuit against the perpetrator and the work-related injury insurance agency or the employer, respectively, demanding the payment of work-related injury compensation, the court shall suspend the subsequent lawsuit. If the injured employee receives double compensation from both parties, the court should support the work-related injury insurance agency or the employer to recover the duplicate compensation from the employee. In addition, after the work-related injury insurance agency or the employer pays the injured employee's work-related injury insurance benefits, it has the right to recover from the perpetrator, and the amount of recovery is limited to the amount of compensation that the perpetrator should bear, and the time limit for litigation is one year.

Migrant workers who have been working in the city for more than 10 years are expected to be compensated according to the urban standard, and the relevant person of the Municipal High Court pointed out that as the migrant workers are increasingly integrated into urban life, the next step will be to consider the work-related injury compensation for migrant workers who have worked in the city for more than 10 years in accordance with the standards of urban workers, so as to gradually eliminate the difference between urban sedan and rural sedan car. In addition, the Municipal High Court made it clear that since disability compensation and death pension are of a spiritual consolation nature, the court will not claim compensation for moral damages in principle when hearing work-related injury compensation cases.

If a car accident on the way to work is considered a work-related injury, the specific compensation needs to be based on the actual cost of hail and the results of the appraisal of labor ability, and the compensation is generally based on the actual cost, and if the perpetrator has already paid, the employer will not compensate.

[Legal basis].

Article 30 of the Regulations on Work-related Injury Insurance.

Employees who are injured in accidents or suffer from occupational diseases due to work are entitled to medical treatment for work-related injuries.

Employees who are injured at work shall seek medical treatment in a medical institution that has signed a service agreement, and in case of emergency, they can first go to the nearest medical institution for first aid.

**If the expenses required for work-related injuries meet the requirements of work-related injury insurance diagnosis and treatment items, work-related injury insurance drug lists, and work-related injury insurance hospitalization service standards, they shall be paid from work-related injury insurance**. The catalogue of work-related injury insurance diagnosis and treatment items, the catalogue of work-related injury insurance drugs, and the hospitalization service standards of work-related injury insurance shall be prescribed by the social insurance administrative department in conjunction with the health administrative department, the food and drug supervision and administration department and other departments.

The food subsidy for the hospitalization of the employee and the work-related injury, as well as the transportation and accommodation expenses required for the work-related injury employee to seek medical treatment outside the co-ordination area shall be paid by the work-related injury insurance department after the certificate issued by the medical institution and approved by the handling agency, and the specific standard of payment shall be stipulated by the people of the co-ordination area.

Bi Chao was involved in a car accident on the way to work, and has received compensation for traffic accidents and applied for workers' compensation. 1. The injured person can apply for work-related injury recognition. According to Article 17 of the 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. Indemnity items.

For civil compensation for traffic accidents, you can claim compensation for medical expenses, lost work expenses, nursing expenses, nutrition expenses, food subsidies, transportation expenses, accommodation expenses, follow-up expenses, disability assistive devices, mental injury solace, disability compensation, child support, etc. At the same time, it is also necessary to distinguish between the issue of household registration, and the compensation standards for urban household registration (including those who have worked and lived in urban areas for more than one year) and rural household registration are also very different. Finally, sue the other party and their insurance company, if the other party has an insurance company.

For work-related accidents, it is necessary to report the identification and appraisal of work-related injuries. The compensation items include: medical expenses, transportation and accommodation expenses, hospital meal expenses, disability assistive device expenses, wages during the period of suspension of work, living care expenses, one-time disability subsidy, one-time regret delay medical subsidy, one-time employment subsidy, etc.

For work-related accidents, the unit shall bear full liability for compensation.

In the case of a work-related accident caused by a traffic accident, the work-related injury insurance can reimburse the part of the medical expenses that the injured employee is responsible for the accident. 1.The compensation items for workers' compensation claims are as follows:

1) Compensation for general injuries (not reaching disability): medical expenses, food allowance during hospitalization, living care expenses, wages during work-related injuries, transportation, accommodation and transportation expenses. (2) Compensation for disability:

Medical expenses, food allowance during hospitalization, living care expenses, wages during work-related injuries, transportation and lodging expenses, assistive devices, one-time disability allowance, disability allowance, one-time medical allowance for work-related injuries, and one-time disability employment allowance. 2.The medical expenses of the injured employee shall be paid by the work-related injury insurance** according to the work-related injury insurance diagnosis and treatment items catalog, the work-related injury insurance drug catalog, and the work-related injury insurance hospitalization service standard.

3.There is an important condition for the reimbursement of medical expenses for work-related injuries: a 30-day declaration period.

The time limit for the employer to apply for recognition is 30 days from the date of the occurrence of the work-related accident or the date of diagnosis of the occupational disease. If the application is exceeded, the employer shall pay for the work-related injury benefits and other related expenses incurred during this period (mainly a large number of medical and other expenses will be incurred). 4.

The compensation for work-related injuries related to traffic accidents needs to pay attention to the issue of double compensation in a third-party tort. Five deductions: medical expenses, disability equipment and pick-up expenses, nursing expenses during the period of suspension of work, transportation expenses, and hospital meal subsidies (all of which are expenditure-based; Income types such as wages and compensation, etc. are double compensation).

5.What should I do if I have an excess of medical expenses for work-related injuries? The employer has paid work-related injury insurance for the employee in accordance with the law, and the employee's work-related injury medical expenses beyond the scope of the social insurance reimbursement catalogue shall not be borne by the employer in principle, unless the expenses beyond the scope of the catalogue are agreed or approved by the employer.