Is there an accident on holidays in the labor law that counts as a work related injury?

No matter what time it is, as long as it is injured in an accident due to work-related reasons, it shall be recognized as a work-related injury.

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) 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.

Article 16: Where an employee meets the requirements of Articles 14 and 15 of these Regulations, but in any of the following circumstances, it shall not be recognized as a work-related injury or treated as a work-related injury:

1) Intentionally committing a crime;

2) Drunk or drug addiction;

3) Self-harm or suicide.

The key is whether you can prove that the injury was due to work, and if so, the holiday injury is of course counted. If there is evidence of an accident on the way to and from work, it will be considered a work-related injury, not to mention overtime on holidays.

What kind of work-related accident is not overtime?

The key to whether an overtime injury on a holiday can be recognized as a work-related injury lies in whether it is caused by work. If overtime work on holidays is injured in an accident due to work-related reasons, it shall be recognized as a work-related injury. Working during holidays is a work-related injury caused by an accident during working hours and in the workplace.

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

If an employee has any of the following circumstances, Lingzhi 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) 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.

1. What is the process for making a decision on work-related injuries?

1. The administrative department of labor and social security shall make a decision on the determination of work-related injury within 60 days from the date of acceptance of the application for work-related injury determination. Determination decisions include the determination of work-related injuries or deemed work-related injuries and the determination of non-work-related injuries or non-work-related injuries.

2. After accepting the application for recognition of work-related injury, the administrative department of labor and social security may investigate and verify the evidence provided as needed, and the relevant units and individuals shall provide assistance. Employers, medical establishments, relevant departments, and trade union organizations shall be responsible for arranging for relevant personnel to cooperate with the work, and provide relevant information and supporting materials based on the facts.

3. If the employee or his immediate family members believe that it is a work-related injury, but the employer does not consider it to be a work-related injury, the employer shall bear the burden of proof. If it is necessary for the employer to submit relevant evidence materials, it shall prepare a Notice of Presentation of Evidence within the Time Limit for Determination of Work-related Injury and send it to the relevant employer.

4. After receiving the Notice of Presentation of Evidence within the Time Limit for Determination of Work-related Injury, the employer shall submit relevant evidence (including the unit's opinions, physical evidence, witness testimony and other supporting materials on the accident) in a timely manner.

If the employer refuses to accept the Notice of Presentation of Evidence within the Time Limit for Determination of Work-related Injury or refuses to provide evidence beyond the prescribed time limit, the administrative department for labor and social security may make a conclusion on the determination of work-related injury based on the evidence provided by the injured employee.

5. For work-related injury determination cases with sufficient materials and clear facts, make a determination conclusion and issue a "Work-related Injury Determination Decision".

At last. On the way to and from work, a person who is 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 shall be deemed to have suffered a work-related injury. It is not inappropriate for an employee to take leave to go out for personal matters, but it is not the work arrangement of the enterprise to take leave to go out to see a doctor during the work period, and the journey and time for the employee to leave the unit to go to the hospital are clear and the purpose is clear, and it is not a "commuting to work".

In work-related injury insurance, "work-related outing" refers to the period during which an employee is assigned by the employer or needs to engage in activities related to work duties outside the workplace, or during the period when the employee is assigned by the employer to go out for study or meetings, or during other out-of-office activities required by the employee to perform his or her job duties. Obviously, taking time off is not part of the employer's job responsibilities. Therefore, taking time off from work to go out to see a doctor and causing a traffic accident is not a work-related injury.

Article 14 of the Regulations on Work-related Injury Insurance stipulates that 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) 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 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: (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 due to the performance of duties for the elderly; 4) Suffering from occupational diseases; 5) Injured or unaccounted for in an accident while away for work; (6) Injured or injured in traffic accidents or accidents involving urban rail transit, passenger ferries, or trains 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.

Not counted. Statutory holidays are statutory rest periods, and they will not be at the place of work, let alone due to work, so they cannot be counted as work-related injuries, and the three elements of work-related injuries: work time, work place, and work reasons.

1. Is fighting at work considered a work injury?

If you get into a fight during work, it is generally considered a work-related injury. The determination of work-related injuries must be injuries caused by work-related reasons during working hours, specifically, if the worker is not injured due to work-related reasons and seriously violates the rules and regulations of the unit, it shall not be recognized as a work-related injury, and only if the injury is caused by the worker's working hours, place of work and due to the original cause of work, or because of the accident injury caused by violence during working hours and in the workplace due to the performance of work duties, it shall be recognized as a work-related injury. Therefore, if a fight is made during work, it cannot be considered a work-related injury.

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

China's work-related injury insurance regulations stipulate that if a fall is injured on the way to work due to personal reasons, it cannot be recognized as a work-related injury. The injury of the car during commuting time can only be regarded as a traffic accident and the employee does not bear the main responsibility for the accident. In addition, injuries made during commuting to and from work are not considered work-related injuries.

Therefore, if it is a fall due to personal reasons, it is not a traffic accident, let alone a work injury. The court will not support it, it is just an accident.

3. Whether a sudden cerebral hemorrhage at work is a work-related injury.

Not counted. A work-related injury is caused by work-related reasons, and an illness is not considered a work-related injury. In practice, onset of illness in the workplace is generally treated as non-work-related.

However, if it is caused by work tension, it can be counted as a work injury. The situation of work tension generally refers to: 1. In a period of time before the onset of the disease, the output exceeds the usual quantity, and the work continues beyond the normal working load; 2. Due to work needs, work overtime and work overtime continuously; 3. If you are sick and the doctor prescribes a rest note, but the leader has an urgent task and cannot rest or go for treatment.

Not counted. The statutory holiday is a statutory rest time, and it will not be at the place of work, let alone due to work, so it cannot be regarded as a work-related injury, and the three elements of work-related injury: work time, work place, and work reasons.

Article 14 of the Regulations on Work-related Injury Insurance stipulates that 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) 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 an occupational disease; 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; 7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.

Not counted. Statutory holidays are statutory rest periods, and they will not be at the place of work, let alone due to work, so this crack cannot be regarded as a work-related injury, and the three elements of work-related injury: work time, work place, and work reasons.

The legal basis involved in this article]: Regulations on Work-related Injury Insurance Article 14 An employee shall be deemed to have suffered a work-related injury if he or she has any of the following circumstances: (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) 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) Being injured in a motor vehicle accident while commuting to or from work; (7) Other circumstances that shall be recognized as work-related injuries after the law has been provoked by law or provided by administrative regulations.

According to the provisions of China's "Regulations on Work-related Injury Insurance", the injury suffered by an employee in the workplace during working hours is a work-related injury, or if he is injured during working hours and is injured within a reasonable working area, it shall be recognized as a work-related injury, and if an employee is injured when participating in the work assigned by the unit, it shall be recognized as a work-related injury.

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) Engaging in work-related preparatory or finishing work in the workplace before or after working hours and being injured in an accident; (3) During working hours and in the workplace, they are harmed by violence or other disorderly insanity due to the performance of their 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.