Is it considered a work related injury if I fall and am injured in a snowy day on the way to work?

Updated on society 2024-06-04
12 answers
  1. Anonymous users2024-02-11

    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".

    As for the scope of work-related injuries, in fact, many people know that the scope of work-related injuries has become wider, but many people mistakenly think that injuries that occur during commuting are called work-related injuries; Although some accidents encountered on the way to and from work can be recognized as work-related injuries, there is a restriction that if the conditions are not met, they will not be considered work-related injuries.

    1. Injuries sustained while going out or at work are determined to be work-related injuries, while work-related injuries are limited by a line, mainly for injuries suffered at work, which are recognized as work-related injuries, but with the increase in the scope of work-related injuries, in fact, work-related situations are also included.

    Going out for work is mainly for going out to work, or for commuting to and from work; So is a commuting injury really a work-related injury? In fact, there are conditions, not all injuries are counted as work-related injuries, almost all of them are according to ordinary self-injury, and the real work-related injury is not the main responsibility of the person who causes the accident, so that it can be regarded as "work-related injury", and you can apply for subsidies to the social security department.

    2. Non-personal primary responsibility, under this restriction, injuries caused by falling on the way to work due to snow are not considered work-related injuries and non-personal primary responsibility, that is, injuries caused by various traffic accidents or accidents, which are mostly common in ordinary traffic accidents.

    Under normal circumstances, falling and being injured in rain or snow is not considered a work injury! The so-called work-related injuries are for accidents that are not your main responsibility on the way to and from work; For example, if you are hit by another vehicle when you are commuting to or from work, or you are injured by someone else's throwing something, the law determines that it is someone else who causes the accident before it can be recognized as a work-related injury, and an individual can only apply for work-related injury expenses at the social security department after an accident, and other minor problems of commuting to and from work are not counted.

    Only by having a deep understanding of the definition of work-related injury can you know that falling and injuring yourself on the way to work due to snow is not considered a work-related injury.

  2. Anonymous users2024-02-10

    Is it a work-related injury if you are injured on the way to work?

  3. Anonymous users2024-02-09

    No, because the road was slippery in the snow, I fell and was injured, although it happened on the way to work, but I was not injured in a traffic accident that I was not primarily responsible for, and it cannot be recognized as a work-related injury.

  4. Anonymous users2024-02-08

    According to the latest labor law, injuries sustained by employees on the way to and from work are classified as work-related injuries and are protected by the labor law.

  5. Anonymous users2024-02-07

    This is not considered a work-related injury. Because a work-related injury is an injury that is sustained in a factory, it can be considered a work-related injury.

  6. Anonymous users2024-02-06

    Falling down yourself doesn't count. Traffic accidents on the way to and from work that are not the main responsibility of the person can be recognized as a work-related injury, but a certificate of liability is required. According to the regulations, if you are injured in an accident during working hours and in the workplace due to work-related reasons, it is a work-related injury.

    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.

    Legal basisArticle 14 of the Regulations on Work-related Injury Insurance.

    In any of the following circumstances, an employee shall be deemed to have suffered a work-related injury: (1) he or she is 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) Suffering violence or other accidental injuries during working hours and in the workplace as a result of performing work duties; (4) Suffering from an occupational disease; (5) During the period when they are away for work, they are injured due to work reasons or their whereabouts are unknown in an accident; (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.

  7. Anonymous users2024-02-05

    Falling and injuring yourself on the way to work on a snowy day is not considered a work injury. Generally speaking, it is difficult to recognize a fall on a snowy day as a work-related injury, even in the workplace, if an employee accidentally falls while walking back and forth, it cannot be treated as a work-related injury. Therefore, in this case, there is no need to apply for a work-related injury determination, and if the situation is not serious after the fall, the hospital will not issue a sick leave certificate casually.

    Although it happened on the way to and from work, it was not the main responsibility of the hail forest.

    Regulations on Work-related Injury Insurance

    Article 14. 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) Suffering violence or other accidental injuries during working hours and in the workplace as a result of performing work duties;

    (4) Suffering from an occupational disease;

    (5) During the period when they are away for work, they are injured due to work reasons or their whereabouts are unknown in an accident;

    6) Being injured in a traffic accident or an urban rail transit, passenger ferry, or train accident for which they are 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.

  8. Anonymous users2024-02-04

    Legal Analysis: A fall in snow on the way to work is not a work-related injury. If a traffic accident occurs on the way to and from work, or an accident in an urban rail transit, passenger ferry, or train accident, it is regarded as a work-related injury.

    There are two conditions for the determination of work-related injury: one is that it is on the way to and from work, which must be the normal commuting time and the necessary way to commute to and from work; Another condition is a traffic accident, and the responsibility for the accident is not the primary responsibility of the parties. Slipping and falling injuries are mainly caused by oneself and are not work-related accidents and cannot constitute work-related injuries.

    Legal basis: Article 14 of the 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) Being injured in an accident while engaging in work-related preparatory or finishing work in the workplace before or after working hours; (3) Suffering violence or other accidental injuries during working hours and in the workplace as a result of performing work duties; (4) Suffering from an occupational disease; (5) During the period when they are away for work, they are injured due to work reasons or their whereabouts are unknown in an accident; (6) Being injured in a traffic accident or an urban rail transit, passenger ferry, or train accident for which they are 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.

  9. Anonymous users2024-02-03

    Falling and injuring yourself on the way to and from work is not considered a work-related injury. If you are injured on the way to and from work, only those who are injured in traffic accidents or accidents in urban rail transit, passenger ferries, or trains for which you are not primarily responsible are considered work-related injuries, and those who are injured in other circumstances are not recognized as work-related injuries.

    1. Do you have to pay for hitting someone else's company on the way to work?

    If the company is not responsible, the company is only responsible for the employee's injury, if the employee is injured, the company is responsible, if the third person is injured, the traffic responsibility is borne by the employee himself. According to the regulations, only those who are injured in traffic accidents or urban rail transit, passenger ferries, or train accidents for which they are not primarily responsible are recognized as work-related injuries while commuting to and from work.

    2. How are the standards for determining work-related injuries caused by falls at work stipulated?

    The standard for determining the work-related injury of falling at work stipulates that the injury caused by falling on the way to work cannot be recognized as a work-related injury. There are only two situations in which an employee's injury on the way to and from work is recognized as a work-related injury or treated as a work-related injury

    1. Being injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train at a reasonable time and on a reasonable route for which the person is not primarily responsible;

    2. Participating in emergency rescue and disaster relief and other efforts to safeguard the national and public interests and being harmed by the injured people. An employee's fall injury on the way to work cannot be recognized as a work-related injury or treated as a work-related injury.

    3. Is muscle injury considered a work-related injury, and can the grade be identified?

    Whether a muscle injury is considered a work-related injury depends on whether it meets the conditions for work-related injury. Able to identify grades. A work-related injury is considered if the following conditions are met:

    1. During working hours and places, work-related injuries; 2. Being in the workplace before and after working hours, because of the preparation and finishing work; 3. During working hours and in the workplace, being injured by accidents such as violence at work; 4. Suffering from occupational diseases; 5. Injured or missing due to work during the period of going out for work; 6. On the way to and from work, being injured by traffic accidents or urban rail transit, passenger ferries, and train accidents for which he is not primarily responsible.

    Article 14 of the Regulations on Work-related Injury Insurance stipulates that if an employee has any of the following circumstances, it shall be deemed 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) Suffering violence or other accidental injuries due to the performance of work duties in places where work hours and work are poor;

    (4) Suffering from an occupational disease;

    (5) During the period when they are away for work, they are injured due to work reasons or their whereabouts are unknown in an accident;

    (6) Being injured in a traffic accident or an urban rail transit, passenger ferry, or train accident for which they are 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.

  10. Anonymous users2024-02-02

    Legal analysis: If the employee is injured in a traffic accident on the way to work, as long as the employee is not primarily responsible for the traffic accident, it is considered a work-related injury. However, if the employee runs a red light or drives in the opposite direction and causes a traffic accident, and is determined by the traffic police to be primarily responsible, it is not considered a work-related injury and cannot enjoy work-related injury insurance benefits.

    After the work-related injury is calculated, the employee can be reimbursed for medical expenses, and the salary will be paid during the hospitalization period.

    Legal basis: Article 14 of the 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) Being injured in an accident while engaging in work-related preparatory or finishing work in the workplace before or after working hours; (3) Suffering violence or other accidental injuries during working hours and in the workplace as a result of performing work duties; (4) Suffering from an occupational disease; (5) During the period when they are away for work, they are injured due to work reasons or their whereabouts are unknown in an accident; (6) Being injured in a traffic accident or an urban rail transit, passenger ferry, or train accident for which they are 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.

  11. Anonymous users2024-02-01

    It is not the responsibility of the person to be considered a work-related injury, and it is not counted if the fall is entirely due to one's own reasons.

    1. What to do if the bus falls.

    **, the disability appraisal will be carried out, and the bus company will be required to compensate all expenses according to the disability level. If the negotiation fails, the lawsuit will be filed directly. If the fall injury in the bus is caused by the failure of the bus to fulfill the corresponding obligations in the process of driving and ensure the personal safety of passengers, the responsibility shall be borne by the Luwei bus operator; If the bus has fulfilled its obligations during the journey, the passenger shall be responsible for the injury caused by the passenger's own reasons.

    2. Is cerebral infarction considered a work-related injury during work?

    Whether a sudden cerebral infarction at work is considered a work-related injury cannot be generalized, and it is necessary to see the specific situation as soon as possible.

    If it is caused by work tension, it can be regarded as a work-related injury, and the company is responsible for treatment; However, if it is caused by oneself, it is only a normal sudden illness and cannot be recognized as a work-related injury.

    Unless it is an occupational disease, and during working hours and at work, death from sudden illness or death within 48 hours after rescue fails, it can be recognized as a work-related injury.

    3. Is a fall injury from riding a bicycle at work on the construction site considered a work-related injury? Is it considered a continuous injury?

    Not counted. Accidentally falling while riding a bicycle on the way to and from work is not considered a work injury. Traffic accidents for which the person is not primarily responsible are considered work-related injuries.

    Non-primary responsibility refers to the situation of equal 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. If an employee commits to and from work and is recognized as a work-related injury, three conditions must be met at the same time, namely, a reasonable time, a reasonable route, and non-personal primary responsibility, all of which are indispensable.

    Article 14 of the Regulations on Work-related Injury Insurance shall be deemed to be a work-related injury if an employee has any of the following circumstances: (6) Injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train for which he or she is not primarily responsible while commuting to or from work;

    Article 16 of the Regulations on Work-related Injury Insurance An employee who meets the requirements of Articles 14 and 15 of these Regulations, but in any of the following circumstances, shall not be deemed to have suffered a work-related injury or be treated as a work-related injury: (1) Intentionally committing a crime; (2) Drunk or taking drugs; (3) Self-harm or suicide.

  12. Anonymous users2024-01-31

    Falls on heavy snowy days are not considered work-related injuries, and according to Article 14 of the Regulations on Work-related Injury Insurance, there are seven statutory circumstances that should be recognized as work-related injuries:

    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) Suffering violence or other accidental injuries during working hours and in the workplace as a result of performing work duties;

    (4) Suffering from an occupational disease;

    (5) During the period when they are away for work, they are injured due to work reasons or their whereabouts are unknown in an accident;

    (6) Being injured in a traffic accident or an urban rail transit, passenger ferry, or train accident for which they are 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.

    1. What is the length of the medical treatment period stipulated in the labor contract?

    For example, Article 3 of the Ministry of Labor's Regulations on the Medical Treatment Period for Sick or Non-work-related Injuries of Enterprise Employees stipulates that when an employee needs to stop working for medical treatment due to illness or non-work-related injury, he or she will be given a medical treatment period of 3 months to 24 months according to his actual working years and working years in the unit

    1. If the actual working experience is less than 10 years, 3 months if the working experience is less than 5 years in the unit; 6 months for more than 5 years;

    2. If the actual working experience is more than 10 years, the working experience in the unit is less than 5 years, and the working experience is 6 months; 9 months for those between 5 and 10 years; 12 months for those between 10 and 15 years; 18 months for those between 15 and 20 years; 24 months for more than 20 years.

    In addition, according to the relevant provisions of the "Opinions on Several Issues Concerning the Implementation" (Lao Bu Fa [1995] No. 309), for employees with certain special diseases (cancer, mental illness, paralysis) who cannot be cured within the 24-month medical treatment period, the medical treatment period can be appropriately extended with the approval of the enterprise and the local labor department.

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