Can the traffic accident certificate state that the injured person is not responsible for the work r

The key question is under what circumstances the injured person was involved in the traffic accident.

The circumstances you mentioned should be recognized as work-related injuries in the following situations:

1. Traffic accidents occur on the way to and from work;

2. Traffic accidents occur while performing work tasks in the unit;

3. Traffic accidents occur due to work reasons while going out on business.

Your question is rather general and difficult to judge. You can compare them according to the above criteria. Or add facts and ask questions.

1. On the way to and from work, a traffic accident for which the person is not primarily responsible shall be recognized as a work-related injury.

2. Although it is not on the way to and from work, but a traffic accident occurs in the process of going out to handle business arranged by the receiving unit, regardless of whether you are responsible or not, it should be recognized as a work-related injury.

I don't know your specific situation, you can compare whether it belongs to the following situation, whether it is a work injury...

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;

If an employee has any of the following circumstances, it shall be regarded as a work-related injury:

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.

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.

The injured person's unit or the injured person and his close relatives may apply for the determination of work-related injury and the appraisal of working ability.

Legal analysis: The traffic accident liability determination is no longer a necessary condition for the determination of work-related injuries, that is to say, there is no traffic accident liability determination, and the work-related injury has also been declared, but it is necessary to apply for suspension after the declaration until the liability determination is issued.

Legal basis: Social Insurance Law of the People's Republic of China

Article 36 Where an employee is injured in an accident or suffers from an occupational disease due to work-related reasons, and the work-related injury is recognized, he or she shall enjoy work-related injury insurance benefits; Among them, those who have lost their ability to work after the appraisal of their ability to work shall enjoy disability benefits.

The determination of work-related injuries and the evaluation of labor ability shall be simple and convenient.

Article 37 If an employee is at work due to any of the following circumstances, it shall not be deemed to be a work-related injury

1) Intentional crime;

2) Drunkenness or drug abuse;

3) self-harm or suicide;

4) Other circumstances provided for by laws and administrative regulations.

Claims cannot be made without a traffic accident liability certificate. If there is no evidence of the handling of traffic accidents, then it is impossible to determine whose responsibility belongs to it, and it is impossible to determine the subject of compensation, and the insurance company will naturally not settle the claim.

Article 73 of the Road Traffic Safety Law The traffic management department of the public security organ shall, on the basis of the inquest, inspection and investigation of the traffic accident scene and the relevant inspection and appraisal conclusions, make a traffic accident identification document in a timely manner as evidence for handling the traffic accident. The traffic accident determination document shall clearly state the basic facts of the traffic accident, the causes and the responsibilities of the parties involved in the traffic accident, and serve it on the parties.

The traffic accident liability certificate is no longer a necessary condition for the determination of work-related injuries, that is to say, there is no traffic accident liability certificate, and the work-related injury has also been declared, but it is necessary to apply for suspension after the declaration until the liability determination is issued.

1. The circumstances in which celery can be sold to determine work-related injuries.

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

6) Injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train for which they are not primarily responsible;

It depends on what the content of the traffic police determination responsibility letter is, if it is a traffic accident that is not the main responsibility of the person, you can apply for a work-related injury determination. If there is no traffic police certificate of responsibility, it is impossible to determine whether the ear is injured or not.

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) 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 for which he or she is not primarily responsible, or in an accident involving urban rail transit, passenger ferry, or year-end trains, while commuting to or from work;

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

2. What materials are required for the determination of work-related injuries?

Units and individuals applying for work-related injury appraisal must provide: 1. Application form for work-related injury identification; 2. A copy of the ID card of the injured employee; 3. A copy of the labor contract or other valid proof of the establishment of the labor relationship; 4. Post-injury diagnosis certificate or occupational disease diagnosis certificate (or occupational disease diagnosis and appraisal certificate) issued by a medical institution and a copy of the initial medical record.

The application form for determination of work-related injury shall include basic information such as the time, place, and cause of the accident, as well as the degree of injury of the employee.

Where the materials provided by the applicant for work-related injury determination are incomplete, the labor and social security administrative department shall inform the applicant of all the materials that need to be completed in writing at one time. After the applicant completes the materials in accordance with the written notice, the labor and social security administrative department shall accept the application.

No, the traffic accident certificate can only prove that there was a traffic accident, but it cannot determine the responsibility for the accident. It is also necessary to prove that it was a traffic accident that occurred while commuting to and from work and that the person was not primarily responsible. There are three elements to pay attention to, namely, commuting to and from work, non-personal primary responsibility, and traffic accidents.

The so-called commuting refers to the way to work and home from work, if you go out to do personal business or meet friends on the way to pay respects after work, it does not meet the recognition conditions.

1. Is a fall on a bicycle on the way to work considered a work-related injury? How do you calculate?

An employee of an enterprise who falls on a bicycle on the way to work is not considered 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. Because he should bear the main responsibility for it, he does not meet the conditions for being recognized as a work-related injury and cannot be recognized as a work-related injury.

2. Is a fall on a bicycle on the way to and from work considered a work-related injury?

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.

3. Is being hit by a car on the way to work and being injured a work-related injury?

Where an employee is injured in a traffic accident for which he or she is not primarily responsible, or an accident involving urban rail transit, passenger ferry, or train, on the way to and from work, it shall be found to be a work-related injury. There are two points to note here, one is that the injury must occur "on the way to and from work", that is, on the way from the employee's place of residence to the workplace, both during the employee's normal working hours and on the way to and from work overtime. The second must be injured in a traffic accident for which the person is not primarily responsible.

As long as these two conditions are met, it should be recognized as a work-related injury.

Social Insurance Law of the People's Republic of China

Article 36 Where an employee is injured in an accident or suffers from an occupational disease due to work-related reasons, and the work-related injury is recognized, he or she shall enjoy work-related injury insurance benefits; Among them, those who lose their ability to work after the appraisal of their ability to work enjoy disability benefits.

The determination of work-related injuries and the evaluation of labor ability shall be simple and convenient.

Article 37 If an employee is at work due to any of the following circumstances, it shall not be deemed to be a work-related injury:

1) Intentional crime;

2) Drunkenness or drug abuse;

3) self-harm or suicide;

4) Other circumstances provided for by laws and administrative regulations.

You can apply for a work-related injury and then suspend it, and then resume the determination process when the responsibility for the accident is clarified. Circumstances under which work-related injuries may be determined: Employees shall be found to have suffered work-related injuries in any of the following circumstances:

6) Injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train for which they are not primarily responsible; If in doubt, please consult a lawyer**. Legal basis:

Article 14 of the Regulations on Work-related Injury Insurance.

Article 73 of the Road Traffic Safety Law of the People's Republic of China The traffic management department of the public security organ shall, according to the inquest, inspection and investigation of the traffic accident scene and the relevant inspection and appraisal conclusions, make a traffic accident identification certificate in a timely manner as evidence for handling the traffic accident. The traffic accident determination document shall clearly state the basic facts of the traffic accident, the causes and the responsibilities of the parties, and serve them on the parties. Article 74 of the Road Traffic Safety Law of the People's Republic of China provides that in the case of a dispute over compensation for damages caused by a traffic accident, the parties may request mediation from the traffic management department of the public security organ, or may directly file a civil lawsuit with the people's court.

After mediation by the traffic management department of the public security organ, if the parties fail to reach an agreement or do not perform after the mediation agreement takes effect, the parties may file a civil lawsuit with the people's court.