The company s meal delivery time is uncertain, is stomach bleeding considered a work injury?

The company's meal delivery time is uncertain, and stomach bleeding is not considered a work injury; The basis is Article 14 of the Regulations on Work-related Injury Insurance: If an employee has any of the following circumstances, it shall be recognized as 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.

It is difficult to count it as a work-related injury, because it cannot be proved that your stomach problem was caused by the delay in the delivery of meals by the unit. No authoritative organization will issue this certificate, and you can't prove that the unit delivers meals every day of the year, and the time is uncertain.

Stomach bleeding is caused by a variety of reasons. It can't be said that you will get stomach bleeding when you eat irregularly. Therefore, it cannot be counted as a work-related injury.

It does not have to be a work-related injury, it needs to be supervised, certified by the hospital

Can you find evidence that stomach bleeding is caused by irregular meal delivery times?

Stomach bleeding at work is not considered a work-related injury. During working hours and at work, death from sudden illness or death within 48 hours after rescue efforts are ineffective is a work-related injury, and other circumstances are generally not work-related injuries.

Article 14 of the Regulations on Work-related Injury Insurance stipulates that if an employee has one of the following seepage circumstances, it shall be recognized as 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 an accident involving an urban rail transit, passenger ferry, or train while commuting to or from work;

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) The employee originally served in the army, was disabled due to war or duty injuries, and has obtained a disabled military certificate, and returned to the employer after returning to 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.

1. Grade 10 work-related injury compensation standards.

1) One-time disability allowance.

According to the provisions of Articles 35, 36 and 37 of the Regulations on Work-related Injury Insurance, if an employee is identified as a Grade 10 disability due to work-related disability, a one-time disability subsidy shall be paid by the work-related injury insurance, and the standards are as follows:

Grade 10 disability: 7 of my salary

2) Level 10 one-time medical subsidy for work-related injuries and employment subsidy for disability.

1. One-time medical subsidy for work-related injury: paid by work-related injury insurance**;

2. One-time disability employment subsidy: paid by the employer;

The above two gold standards are determined according to the level of disability, and the regulations on work-related injury insurance do not stipulate a unified standard, and the specific standards are authorized by the people of all provinces, autonomous regions and municipalities directly under the Central Government. It can be found in the provincial regulations on work-related injury insurance or in the work-related injury insurance measures.

Summary. Legal basis: Article 14 of the Regulations on Work-related Injury Insurance: An employee shall be deemed to have suffered a work-related injury under 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.

Hello dear, happy to answer your <>

Is stomach bleeding during work a work-related injury, generally not a work-related injury, dear Acute gastric bleeding is a disease of filial piety.

There is only one circumstance in which a sudden illness at work is recognized as a work-related injury, that is, the first paragraph of Article 15 of the Regulations on Work-related Injury Insurance, which states that "during working hours and at work, the person dies of a sudden illness or dies within 48 hours after rescue fails;

Legal analysis of the criteria for determining work-related injuries: during the period of work-related work, the injury or accident occurred quickly and the whereabouts are unknown; Injured in an accident while engaged in work-related preparatory or finishing work in the workplace before or after working hours; During working hours and in the open workplace, the person is injured in an accident due to the early track of the original acre;

Legal basis: Article 14 of the Regulations on Work-related Injury Insurance: An employee shall be deemed to have suffered a work-related injury under any of the following circumstances: (1) Being injured in an accident during working hours and in the workplace due to work-related reasons; (2) Engaging in work-related preparatory or finishing work in the workplace before or after working hours and being injured by an accident; 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; Stimulating Zheng Zhu (Ming Ming 6) Being injured in a traffic accident or an urban rail transit, passenger ferry, or train accident for which he 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.

Although stomach bleeding cannot be considered a work-related injury, you must pay sick pay if you ask for sick leave.

Sick leave pay for job-related illness or non-work-related injury = (calculation base number of monthly salary days) Preparation of knowledge posture calculation coefficient number of sick leave days. Sick pay or sickness relief can be paid less than the local minimum wage, but not less than 80% of the minimum wage. Wages shall be paid in monetary form on a monthly basis to the workers themselves.

Dear, if you don't know anything, you can consult me at any time, as long as you need it, I am always there

First of all, it is necessary to look at the determination of accident responsibility, if the delivery person is the main responsibility, it must not be recognized as a work-related injury. Then it depends on the nature of the takeaway, if it is crowdsourcing, it must not be recognized as a work-related injury! If there is no labor contract in Minhua Prefecture, you need to apply to the Labor Arbitration Commission for confirmation of the labor relationship, and then apply to the Labor Bureau for a work-related injury determination after winning the case.

1.Unfortunately, the situation you mentioned cannot be recognized as a work-related injury, acute gastric bleeding is a kind of disease, and there is only one situation in which a sudden illness at work is recognized as a work-related injury, that is, the first paragraph of Article 15 of the Regulations on Work-related Injury Insurance, "During working hours and at work, the person dies of a sudden illness or dies within 48 hours after being rescued; ”

2.In other words, a work-related injury can only be recognized if there is a death from a sudden illness or death within 48 hours after the sudden illness is ineffective. This is not a good sound, but the fact is that those who are sick and die can be recognized, and those who are alive, no matter how serious, are not work-related injuries!

3.If you don't understand anything, you can ask or call 12333 directly to consult your local labor department!

The circumstances of work-related injuries recognized in accordance with the provisions of the Regulations on Work-related Injury Insurance do not meet the requirements for determining work-related injuries and are not regarded as work-related injuries.

Zongheng Legal Network-Beijing Yingke (Wuhan) Law Firm-Li Wenzhi lawyer.

China now has a team of up to 70 million online contract workers, and a large number of food delivery people, couriers, and online car-hailing drivers have become important participants in this team. Under the rapid development of the new business format represented by the sharing economy, online contract employment presents the characteristics of "weak traditionality", which makes it difficult to investigate and collect evidence and identify work-related injuries, and the protection of labor rights and interests is prone to be lacking.

On April 30, 2021, Wang, a takeaway delivery person of a catering company, drove a motorcycle out and opened the mobile phone software to accept the dispatch as usual, but unexpectedly collided with a motor vehicle and was injured while driving. After Wang's application, the Municipal Human Resources and Social Security Bureau determined that Wang was injured at work. However, a catering company was dissatisfied with the decision and applied for administrative reconsideration, and the result of the reconsideration was to maintain the original determination of work-related injury.

The catering company was still dissatisfied with the administrative reconsideration decision and filed an administrative lawsuit.

After trial, the court held that, according to the Regulations on Work-related Injury Insurance and other relevant provisions, Wang entered the working state from the time he turned on the computer to access the company's system and was in the process of accepting orders at any time, and whether the employer sent orders was a task assignment issue, which did not affect the beginning of Wang's working hours; The location of Wang's injury was within the scope of the pick-up order, which was in line with work practice, and the place of his injury belonged to the work area. Wang was injured during working hours and at the place of work due to work-related reasons, which meets the requirements for the determination of work-related injuries. The court rejected the litigation claim of a catering company in accordance with the law.

The original verdict was upheld in the second instance.

Lawyer Shen Chuxiong believes that the determination of work-related injuries in China is a comprehensive determination based on factors such as "working hours, working place, and work reasons" regulated by the Regulations on Work-related Injury Insurance, which is a presumption in legal nature. The particularity of the presumption lies in the fact that it is not simply based on empirical rules as the mediator, and the facts to be proved that "injured by an accident due to work" are deduced from basic facts such as "working hours, work place, and work reasons", but is integrated into the process of special facts proving the value judgments of substantive law such as protecting workers.

In this case, in response to the dispute over the determination of work-related injuries of takeaway delivery workers on online platforms, the court grasped the above-mentioned particularities of work-related injury determination in China under the circumstance that there were certain differences between the facts of the case and the traditional presumption process of work-related injury determination, and integrated the presumption process with the value judgment of protecting the rights and interests of employees, not only making a judgment that conforms to the concept of social justice, but also developing new presumption rules for new types of work-related injury determination cases, which is of positive and typical significance.

It's a group like this: if you're a crowdsourcing rider, you can't count as a work-related injury. Only part of the disability benefit can be paid by the platform. If you are a contracted rider, you must have evidence to prove that there is a noisy labor relationship between you before you can apply to the Labor Bureau for a work-related injury determination.