The occurrence of traffic accidents does not fall within the scope of Party A s work related injury

If you go out for work and a traffic accident occurs due to work, it is a work-related injury.

If a traffic accident occurs while commuting to or from work, it is a work-related injury if it is not the primary responsibility of the person in question. If the person is wholly or primarily responsible, it is not a work-related injury.

Legal basis: 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) Injured in an accident during working hours and in the workplace due to work-related reasons;

2) Injured in an accident while engaged in work-related preparatory or finishing work in the workplace before or after working hours;

3) Accidental injuries such as violence 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 traffic accident or an urban rail transit, passenger ferry, or train accident for which he or she 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.

In any of the following circumstances, it shall be found to be a work-related injury:

1) Injured in an accident during working hours and in the workplace due to work-related reasons;

2) Injured in an accident while engaged in work-related preparatory or finishing work in the workplace before or after working hours;

3) Accidental injuries such as violence 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;("On the way to and from work" includes both the normal commute to and from work and the commute when the employee works overtime.) "Injured in a motor vehicle accident" does not include injuries caused by an employee driving without a license or drunk driving. )

7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries. **。

If you do not bear the main responsibility in the traffic accident, even if you bear the same responsibility, it is considered a work-related injury!

But if you are primarily responsible, it is not considered a work-related injury!

1. Injured in an accident during working hours and in the workplace due to work 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. During working hours and in the workplace, due to violence and other accidental injuries due to the performance of work duties;

4. Suffering from occupational diseases.

5. During the period of going out for work, the person is injured due to work reasons or the whereabouts of the accident are unknown;

6. Being injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train that is not the person's primary responsibility while commuting to or from work;

7. Other circumstances that shall be recognized as work-related injuries as provided by laws and administrative regulations.

Whether a traffic accident is determined to be a work-related injury.

The Regulations on Work-related Injury Insurance promulgated in 2003 stipulate that there is no limitation on liability for injuries sustained in motor vehicle accidents on the way to and from work. In 2017, the revised Regulations on Work-related Injury Insurance added the limitation of liability, that is, it is not the main responsibility (equal or secondary) of the person to constitute a work-related injury. According to Article 14 of the Regulations on Work-related Injury Insurance, an employee shall be determined whether it is a work-related injury according to the following four circumstances:

1.On the way to and from work, being injured in a traffic accident for which the person is not primarily responsible;

2. Non-primary responsibility refers to the same responsibility, secondary responsibility and no responsibility; If you are injured in a traffic accident for which you are primarily and fully responsible, it is not a work-related injury;

3. Dressed up as a person who was injured in a traffic accident due to work reasons during working hours;

4. Employees who are injured by traffic accidents during working hours include injuries to employees who are motor vehicle drivers and employees who are not drivers.

In accordance with the regulations on work-related injury insurance, if a person is involved in a traffic accident on the way to or from work that is not the main cause of the person, it may be deemed to be a work-related injury. Drunkenness and drug abuse are also excluded.

In this case, one is to see if it is normal to commute to work, the other is to look at the responsibility to determine the sedan car, and you cannot be the main responsibility, and the side rental shop cannot be drunk. If it is in line with the commuting process, the person is not the main responsibility, and it is not drunk, then it can be recognized as a work-related injury.

Legal analysis: 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. During working hours and in the workplace, due to violence and other accidental injuries due to the performance of work duties;

4. Suffering from occupational diseases.

5. During the period of going out for work, the person is injured due to work reasons or the whereabouts of the accident are unknown;

6. Being injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train that is not the person's primary responsibility while commuting to or from work;

7. Other circumstances that shall be recognized as work-related injuries as provided by laws and administrative regulations.

Legal basis: 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) Injured in an accident during working hours and in the workplace due to work-related reasons;

2) Injured in an accident while engaged in work-related preparatory or finishing work in the workplace before or after working hours;

3) Accidental injuries such as violence 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 traffic accident or an urban rail transit, passenger ferry, or train accident for which he or she 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.

Article 30 Employees who are injured in accidents or suffer from occupational diseases due to work shall enjoy medical treatment for work-related injuries.

Work-related injuries should be sought 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 for the work-related injury, as well as the transportation, accommodation and accommodation expenses required for the work-related injury employee to seek medical treatment outside the co-ordination area shall be paid from the work-related injury insurance, and the specific standard of payment shall be stipulated by the people of the co-ordination area.

Injured employees who are not injured at work for illnesses that are not caused by work-related injuries do not enjoy medical treatment for work-related injuries, and shall be dealt with in accordance with the basic medical insurance measures.

If the expenses for work-related injuries are carried out by the employees of the industrial and marketing spinal injuries to the medical institutions that have signed the service agreement, and the requirements are met, they shall be paid from the work-related injury insurance**.

Millions of car purchase subsidies.

The Regulations on Work-related Injury Insurance promulgated in 2003 stipulate that there is no limitation on liability for injuries sustained in motor vehicle accidents on the way to and from work. The 2017 revision of the Regulations on Work-related Injury Insurance adds the limitation of liability, that is, it is not the primary responsibility (equal or secondary) of the person to constitute a work-related injury. According to Article 14 of the Regulations on Work-related Injury Insurance, an employee shall be determined whether it is a work-related injury according to the following four circumstances:

1.On the way to and from work, being injured in a traffic accident for which the person is not primarily responsible;

2. Non-primary responsibility refers to the same responsibility, secondary responsibility and no responsibility; If you are injured in a traffic accident for which you are primarily and fully responsible, it is not a work-related injury;

3. Being injured in a traffic accident during working hours due to work-related reasons;

4. Employees who are injured by traffic accidents during working hours include injuries to employees who are motor vehicle drivers and employees who are not drivers.

1. Whether the sudden illness and death during working hours can be recognized as a work-related injury.

During working hours and at work, if the sudden illness rescue is ineffective and dies after 48 hours, it cannot be recognized as a work-related injury. In other words, if the sudden illness is ineffective during working hours and the workplace results in death within 48 hours, it can be treated as a work-related injury.

The regulations on work-related injury insurance stipulate that "a person who dies of sudden illness during working hours and at work, or dies within 48 hours after rescue fails" is regarded as a work-related injury.

"Sudden illness" includes all kinds of illnesses and does not require work-related connections. The most common diseases in practice are sudden diseases such as heart disease, cerebral hemorrhage, and myocardial infarction.

48 hours", the time of the first diagnosis at the medical institution is used as the starting time for sudden illness.

Although an employee suddenly falls ill during working hours and at work, but dies after 48 hours of ineffective rescue, it is not regarded as a work-related injury.

In judicial practice, if a traffic accident occurs due to driving or riding in a vehicle during the period of work, it is not subject to the limitation of traffic accident liability, as long as the employee does not have the statutory exclusion circumstances stipulated in Article 37 of the Social Insurance Law and Article 16 of the Regulations on Work-related Injury Insurance in the accident, it should be recognized as a work-related injury.

In any of the following circumstances, an employee shall not be deemed to have suffered a work-related injury or be treated as a work-related injury

1. Due to a crime.

2. Violation of public security management.

According to China's "Administrative Punishment Law" and other laws and regulations, the public security administrative punishment organ is the public security organ, and whether the public security administration is violated should be judged by the public security penalty decision of the public security organ. The work-related injury determination department is the labor and social security department, and there is no conclusion that the administrative counterpart has "violated the management of governance and security". Therefore, if the work-related injury determination department makes a conclusion that it "violated the administration of public security" and determines that it is "not a work-related injury" on this basis, there is obviously no legal basis.

3. Driving a vehicle without a license.

Chapter VII of the Safety Law provides for various violations of road traffic and safety inspections, including driving a vehicle without a license.

Article 102 of the Regulations for the Implementation of the Road Traffic Safety Law stipulates: "Violations of the provisions of these Regulations shall be punished in accordance with the provisions of the Road Traffic Safety Law and these Regulations." ”

1. What are the conditions for a traffic accident to constitute a work-related injury?

Paragraph 6 of Article 14 of the Regulations on Work-related Injury Insurance: "Injured in a motor vehicle accident while commuting to or from work. "Two conditions must be met here:

1. The time condition is on the way to and from work;

2. The specific object condition is motor vehicle injury.

According to the Regulations on Work-related Injury Insurance, an employee is injured in an accident during working hours and in the workplace due to work-related reasons; During the period of going out for work, the person is injured due to work reasons or the whereabouts of the accident are unknown; Injuries caused in motor vehicle accidents while commuting to and from work are considered work-related injuries.

Employees who are assigned by the leaders of the enterprise to go on business to contact business are engaged in the work of their own units, and the period of going out should be regarded as working hours. In the event of a traffic accident due to work reasons, regardless of whether there is responsibility or the size of the responsibility, as long as it is not suicide or self-injury, the work-related injury shall be determined in accordance with the principle of non-liability compensation implemented by work-related injury insurance. This situation should be treated in the same way as the determination of work-related injuries in traffic accidents involving commuting to and from work.

1) The traffic accident did not occur during commuting hours;

2) The parties bear more than primary responsibility.

Legal basis Article 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 has any of the following circumstances:

Injured in an accident during working hours and in the workplace due to work-related reasons;

Injured in an accident while engaged in work-related preparatory or finishing work in the workplace before or after working hours;

Injured by violence or other accidents during working hours and in the workplace due to the performance of work duties;

suffering from occupational diseases;

During the period of going out for work, the person is injured due to work reasons or the whereabouts of the accident are unknown;

On the way to and from work, being injured in a traffic accident for which he or she is not primarily responsible, or in an accident involving urban rail transit, Qichang passenger ferry, or train;

Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.

1. Liability for traffic accidents cannot be determined whether it constitutes a work-related injury.

If the liability for a traffic accident cannot be determined, whether it will be recognized as a work-related injury and the compensation standard.

If the liability for a traffic accident cannot be determined, it cannot be recognized as a work-related injury. Article 14 of the Regulations on Work-related Injury Insurance stipulates that if an employee is injured in a traffic accident for which he or she is not primarily responsible, or in an accident involving urban rail transportation, passenger ferry, or train, on the way to and from work, it shall be deemed to be a work-related injury.

2. How to protect your rights and interests.

Under normal circumstances, in Article 6 of the statutory circumstances that should be recognized as work-related injuries according to the Regulations on Work-related Injury Insurance, a person who suffers a traffic accident for which he or she is not primarily responsible while commuting to or from work may be deemed to have suffered a work-related injury.

However, in the event of an accident determination that the responsibility for the accident cannot be determined, how can the injured protect his rights and interests? Zhang Jing, a lawyer from Jiangsu Yongchuang Law Firm, gave the following advice: The injured person can first claim for traffic accident losses.

In the case of traffic accidents where liability cannot be determined, the practice of the court judgment is to rule that the victim (the owner) and the insurance company to which the vehicle is insured bear all the liability for the accident from the perspective of protecting the injured person. After the court judgment takes effect, the injured person will take the court judgment to apply for a work-related injury determination, and the case-handling personnel will generally accept the application for work-related injury determination and make a decision on the work-related injury determination after seeing the court's judgment. In this way, it is possible to reasonably solve the problem of traffic accident compensation and work-related injury determination when the accident liability cannot be determined.