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Article 49 of the Tort Liability Law stipulates that if the owner and user of a motor vehicle are not the same person due to leasing, borrowing, etc., and the liability of the motor vehicle party after a traffic accident occurs, the insurance company shall compensate within the limit of the liability of the compulsory insurance of the motor vehicle. For the insufficient part, the user of the motor vehicle shall be liable for compensation; If the owner of the motor vehicle is at fault for the occurrence of the damage, he shall bear the corresponding liability for compensation.
Therefore, in the case of off-duty work on the construction site, the worker borrows the boss's car for private use, and has a car accident, and the possible punishment for the accident is borne by the motor vehicle user (driver), and the compensation for the accident shall be compensated by the insurance company within the liability limit of the boss's compulsory traffic insurance. For the insufficient part, the user of the motor vehicle shall be liable for compensation; Only if it is proved that the boss is at fault for the occurrence of the damage, the boss will bear the corresponding liability for compensation.
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If you don't drink and drive and have a driver's license, and the car has been reviewed annually, it has nothing to do with the boss. Otherwise, the boss is jointly and severally liable. It is recommended not to repay virtue with grievances, otherwise, who would dare to do good deeds.
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In any case, if you lend your car to someone else and have a traffic accident, the owner will be held responsible.
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It has nothing to do with getting off work, whoever drives is whose responsibility, if you can't compensate, the owner has to pay, so you can't borrow the car indiscriminately.
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It's easy to say anything if you're not dead, and if you have a driver's license, it's fine. It's just a matter of losing money.
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The boss lent someone else's car and had an accident, and the boss had to be responsible!
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If there is a car accident at work and after work, the owner is responsible!
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Hello, if a worker encounters a car accident on the way home from work, if it is an individual boss, because the relationship between the worker and the individual boss is a labor relationship, and the individual boss is not at fault, he is not liable. If the worker and the company sign a labor contract or have a labor contract relationship, whether the company needs to be responsible depends on whether it can be recognized as a work-related injury, and if it meets the requirements of "being injured in a traffic accident or urban rail transit, passenger ferry, or train accident for which he is not primarily responsible on the way to and from work", that is, it meets the conditions for work-related injury identification, and the company shall bear the work-related injury liability.
Legal basis:
Article 14 of the Regulations 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.
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A car accident on the way home from work is a work-related injury, and the boss needs to be held responsible. The scope of work-related injuries is the premise for the determination of work-related injuries, and is generally directly stipulated by law. The main legislative models adopted by the work-related injury insurance laws of various countries and regions and the provisions of international labor conventions on the scope of work-related injuries include general legislative models, enumerated legislative models, and mixed legislative models.
The scope of work-related injury determination includes injuries caused by accidents during working hours and in the workplace; Injuries caused by accidents in the workplace before or after working hours while engaged in work-related preparatory or finishing work; Accidental injuries such as violence during working hours and in the workplace due to the performance of work duties.
Article 14 of the Regulations on Work-related Injury Insurance An employee shall be deemed to have suffered a work-related injury if he or she has 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.
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Not necessarily. A traffic accident that is not the main cause of the person on the way to and from work can be recognized as a work-related injury. The boss is responsible when there is a work injury.
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Is the boss responsible for a car accident on the way home from work? I think that if you don't take full responsibility, you have to take care of the boss, and you have to take care of it, and you have a certain responsibility.
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The unit is not responsible for leaving the unit during non-working hours.
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Legal analysis: On the way to work, there is a car accident, which is also counted as a work injury, so as a boss, you are also responsible. According to the regulations on work-related injury insurance, if an employee has any of the following circumstances, it shall be determined that the employee is injured in an accident during working hours and in the workplace, and if he is injured in an accident due to work-related reasons during working hours and in the workplace, and is injured in work-related work in the workplace before and after working hours, during working hours and in the workplaceThose who are injured by accidents such as violence in the performance of their work duties, those who suffer from occupational diseases, those who are injured due to work reasons or whose whereabouts are unknown in an accident during the period when they go out for work, and those who are injured in traffic accidents that are not their primary responsibility on the way to and from work, or those who are injured in accidents such as urban rail transit, will be recognized as work-related injuries.
To put it simply, according to the regulations on work-related injury insurance, if a traffic accident occurs on the way to and from work, and the employee is not the main person responsible for the accident, it is a pure key work-related injury If the employee does not bear the responsibility for the accident or bears the same responsibility for the secondary liability of the accident, it is a work-related injury, and the boss is also responsible for the work-related injury caused by the traffic accident on and off work. Commuting traffic accident work-related injury compensation must occur at the specified time of commuting, the traffic accident must occur on the necessary route to and from work, the traffic accident must be the person, no responsibility, or whether the traffic accident occurred primarily to be compensated, etc.
Legal basis: Article 14 of the Regulations on Work-related Injury Insurance An employee shall be deemed to have suffered a work-related injury if he or she has 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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Summary. Hello dear, the boss needs to take responsibility. On the way to work, there is a car accident, which is also counted as a work injury, so as a boss, you are also responsible.
If a traffic accident occurs on the way to and from work, it should be judged according to the specific situation, and it is the full or main responsibility, and it can also be recognized as a work-related injury, so the boss also has to bear some responsibility.
Hello dear, the boss needs to take responsibility. On the way to work, there was a car accident, which is also counted as a work injury, and Sun Lian is also responsible as a boss. If a traffic accident occurs on the way to and from work, it should be judged according to the specific situation, and it is the full responsibility or the main responsibility, and it can also be recognized as a work-related injury, so the boss also has to bear some responsibility.
In any of the following circumstances, it shall be found to be a work-related injury: (1) Being injured in an accident due to work-related reasons during working hours and in the workplace; (2) Engaging in work-related preparatory or finishing work in the workplace before or after working hours and being injured by such an accident; 3) Injured by violence or other accidents during working hours and in the workplace due to the performance of work duties; 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;
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Legal analysis: On the way to work, there is a car accident, which is also counted as a work-related injury, so as the boss of the buried cave rock, he is also responsible. According to the regulations on work-related injury insurance, if an employee has any of the following circumstances, it shall be determined that the employee is injured in an accident during working hours and in the workplace, and if he is injured in an accident due to work-related reasons during working hours and in the workplace, and is injured in work-related work in the workplace before and after working hours, during working hours and in the workplace, Those who are injured by violence or other accidents due to the performance of their work duties, as well as those who suffer from occupational diseases, are injured due to work reasons or have an accident where their whereabouts are unknown, and those who are injured in traffic accidents that are not their primary responsibility on the way to and from work, or those who are injured in accidents such as urban rail transit, will be recognized as work-related injuries.
To put it simply, according to the regulations on work-related injury insurance, if a traffic accident occurs on the way to and from work, and the employee is not the main person responsible for the accident, it is a work-related injury if the employee does not bear the responsibility for the accident or bears the same responsibility for the secondary liability of the accident, it is a work-related injury, and the boss is also responsible for the work-related injury caused by the traffic accident on and off work. Commuting traffic accident work-related injury compensation must occur at the specified time of commuting, the traffic accident must occur on the necessary route to and from work, the traffic accident must be the person, no responsibility, or whether the main responsibility is the traffic accident that caused the bend and so on, so as to receive compensation.
Legal basis: Article 14 of the Regulations on Work-related Injury Insurance An employee shall be deemed to have suffered a work-related injury if he or she has 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 tremors;
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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