What behaviors are considered work related injuries and which circumstances can be recognized as wor

Hello, to the problem you described, the lawyer replied as follows:

First of all, apply for a work-related injury appraisal, and after confirming the disability level, it is the basis for confirming the compensation. Refer to Article 18 of the Regulations on Work-related Injury Insurance.

Second, the main scope of claims includes medical treatment for work-related injuries, one-time disability allowance, hospital meal subsidy, assistive devices, original salary and benefits during the medical treatment period, living care expenses, etc.

Third, compensation shall be made with reference to Articles 33, 34, 35, 36, 37, 38, 39 and 40 of the Regulations on Work-related Injury Insurance.

Fourth, if the negotiation fails, bring the relevant materials to the labor inspection department to complain, or directly go to the labor arbitration commission where the unit is located to file labor arbitration. Blessing!

If you are injured while doing something in any unit, it is called a work-related injury.

Legal analysis: The determination of work-related injuries is divided into the following situations: statutory work-related injuries; Treated as a work-related injury; It shall not be recognized as a work-related injury or treated as a work-related injury.

If an employee is injured in an accident or is diagnosed or appraised as an occupational disease in accordance with the provisions of the Law on the Prevention and Treatment of Occupational Diseases, the unit to which he or she belongs shall apply for a work-related injury determination within 30 days from the date of occurrence of the accident injury or the date of diagnosis or appraisal of an occupational disease.

Legal basis: 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 17 Where an employee is injured in an accident or is diagnosed or appraised as an occupational disease in accordance with the provisions of the Law on the Prevention and Treatment of Occupational Diseases, the unit to which he belongs shall, within 30 days from the date of occurrence of the accident injury or the date of diagnosis or appraisal of an occupational disease, submit an application for recognition of work-related injury to the labor and social security administrative department of the coordinating region. In case of special circumstances, the time limit for application may be appropriately extended with the consent of the labor and social security administrative department.

If the employer fails to submit an application for recognition of work-related injury in accordance with the provisions of the preceding paragraph, the injured employee or his immediate family members or trade union organization may directly submit an application for recognition of work-related injury to the labor and social security administrative department of the co-ordinating area where the employer is located within one year from the date of occurrence of the accident injury or the date of diagnosis or appraisal of the occupational disease.

Matters that shall be determined by the provincial-level labor and social security administrative department in accordance with the provisions of the first paragraph of this Article shall be handled by the labor and social security administrative department at the districted city level where the employer is located in accordance with the principle of territoriality.

If an employer fails to submit an application for determination of work-related injury within the time limit specified in the first paragraph of this Article, the employer shall bear the relevant expenses such as work-related injury benefits incurred during this period that comply with the provisions of these Regulations.

During working hours and in the workplace, the person is injured in an accident due to work 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) Socks Brigade Training who is injured in a motor vehicle accident on the way to and from work;

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

When a worker is injured, the following conditions can be recognized as work-related injuries, and Wu Gaoqin can be recognized as a work-related injury.

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) During the period of going out for work, the person is injured due to work reasons or the whereabouts of the accident are unknown; (6) On the way to and from work, being injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train that is not the primary responsibility of the person who is not the main responsibility of the person.

Injuries sustained by a worker in the following emergencies can be considered as a work-related injury

1) Died of 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 and other activities to safeguard national interests or public interests; Employees who originally 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.

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 from occupational diseases;

4. Other circumstances that shall be recognized as work-related injuries as provided by laws and administrative regulations.

5. Legal basis: Article 14 of the "Regulations on Work-related Injury Insurance" shall be recognized as work-related injury if an employee 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) During the period of going out for work, they are injured by a source or have an accident and their whereabouts are unknown;

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.

1. What is the difference between work-related injury identification and work-related injury identification?

1. In the determination of work-related injury, the question to be solved is whether the injury suffered by the employee is a work-related injury, and the conclusion may be a work-related injury or a work-related injury, or it may not be a work-related injury or a work-related injury.

2. The identification of work-related injuries and the identification of work-related injuries are not the same concept and should not be confused. The significant difference is that the problems they are trying to solve are fundamentally different. However, the two are closely linked:

1) The identification of work-related injury is the premise of work-related injury identification; The identification of work-related injuries is a pre-procedure for the identification of work-related injuries. One of the conditions for initiating the work-related injury appraisal procedure is met only after the work-related injury identification procedure has been determined and a work-related injury determination is made that the injury suffered by the employee is regarded as a work-related injury or a silver hailstorm.

2) The employer, the injured employee or his or her immediate family members shall submit an application to the labor ability appraisal committee of the city divided into districts, and provide relevant information on the work-related injury determination decision and the employee's work-related injury medical treatment.

3. If an employee of a cross-regional construction enterprise is injured in an accident and submits an application for work-related injury identification, the labor and social security administrative department of the overall region responsible for the management of the enterprise's work-related injury insurance shall undertake the identification of the work-related injury of Hail Bochang, and the labor and social security administrative department at the place where the accident occurred shall assist in the investigation; The labor and social security administrative department of the area where the enterprise is located may also entrust the labor and social security administrative department at the place where the accident occurred to conduct investigation and evidence collection, and the conclusion of the determination shall be issued by the entrusting party.

1. Being injured in an accident during working hours and in the workplace due to work reasons;

2. Engaged in work-related preparatory or finishing work in the workplace before or after working hours, and is injured by an accident;

3. During working hours and in the workplace, suffering violence and other accidental injuries due to the performance of work duties;

4. Suffering from occupational diseases;

5. During the period of going out to work, the person is injured or the whereabouts of the accident are unknown;

6. On the way to and from work, suffering from traffic accidents or urban rail transit, passenger ferry, or train accidents for which he is not primarily responsible;

7. Working hours and work positions, sudden illness death or death within 48 hours;

8. Being harmed in public interest activities to safeguard national interests, such as emergency rescue and disaster relief;

9. Originally served in the army, disabled due to injuries sustained in the line of duty, and has obtained a certificate of disabled revolutionary serviceman, and was injured after arriving at the employer.

Provisions of the Supreme Court on the Trial of Administrative Issues Concerning Work-related Injury Insurance

1. The injury is caused by working hours and the workplace, and the employer or the social security department has no evidence to prove that it is caused by non-work reasons;

2. The employee is injured by participating in the activities organized by the employer or being assigned by the employer to participate in the activities organized by other units;

3. During working hours, the employee is injured in a reasonable area between multiple places related to his or her job duties;

4. Other injuries related to the performance of duties, during working hours and within a reasonable area.

1. Intentional crime.

2. Drunkenness or drug abuse.

3. Self-harm or suicide.

Article 17 of the Regulations on Work-related Injury Insurance Article 17 If an employee is injured in an accident or is diagnosed or appraised as an occupational disease in accordance with the provisions of the Law on the Prevention and Treatment of Occupational Diseases, the unit to which he belongs shall submit an application for recognition of work-related injury to the social insurance administrative department of the coordinating area within 30 days from the date of occurrence of the injury or the date of diagnosis or appraisal of the occupational disease. In case of special circumstances, the time limit for application may be appropriately extended with the consent of the social insurance administrative department.

If the employer fails to submit an application for recognition of work-related injury in accordance with the provisions of the preceding paragraph, the injured employee or his close relatives or trade union organization may, within one year from the date of occurrence of the accident injury or the date of diagnosis or appraisal of an occupational disease, directly submit an application for recognition of work-related injury to the social insurance administrative department of the coordinating area where the employer is located.

In accordance with the provisions of the first paragraph of this Article, the provincial-level social insurance administrative department shall handle the work-related injury determination by the districted-city social insurance administrative department where the employer is located in accordance with the principle of territoriality.

If the employer fails to submit an application for determination of work-related injury within the time limit specified in the first paragraph of this Article, the employer shall bear the relevant expenses such as work-related injury benefits incurred in Yeqing during this period, which comply with the provisions of these Regulations.

Hello dear, during working hours.

1) Being injured in an accident during working hours and in the workplace due to work-related reasons; (2) Injured in an accident while engaging in preparatory or finishing work related to the work of the limbs before and after covering the limbs during 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, etc. ”

A worker shall be deemed to have suffered a work-related injury in any of the following circumstances: while working at work, he or she is injured on the job; Injured while engaged in work-related preparatory or finishing work before or after work at the unit; suffering from occupational diseases; or during the period of going out for work, the whereabouts of the accident are unknown, etc.

[The law is based on respect and forgiveness].Article 14 of the Regulations on Work-related Injury Insurance.

If an employee has any of the following circumstances, it shall be determined that Liangliang is injured at work:

1) During working hours and in the workplace, the person is injured in an accident 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.

According to 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:

Injured in an accident during working hours and in the workplace due to the return of work;

Injured in an accident while engaged in work-related preparatory or finishing work in the workplace before or after working hours;

Injured by violence or other accidents during the work hours and in the workplace during the return of work duties;

suffering from occupational diseases;

During the period of going out for work, the person is injured due to work reasons or the whereabouts of the accident are unknown;

On the way to and from work, the person is injured by a traffic accident or an accident involving urban rail transit, passenger ferry, or train for which he or she is not primarily responsible;

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