A woman was injured in a car accident after dinner with a guest, is it considered a work injury?

Recently, a piece of news caught the eyes of netizens, a woman was injured in a car accident after dinner with guests. The incident happened in Jiaxing, Zhejiang, after a man drank alcohol in the entertainment club, he took the female employees of the club to have supper, and as a result, a traffic accident occurred, resulting in the woman being seriously injured, and she is still lying in the hospital until now, at this time, the woman's husband wants to say work-related injury compensation, but in fact, the employee has left work, and this matter has nothing to do with the entertainment club, Mr. Li's wife was indeed off work at that time, and the accident occurred when she accompanied the guests out for supper, so it cannot be regarded as a work injury.

In addition, there are also regulations on work-related injury insurance, which clearly stipulate that if an employee is injured in a traffic accident that is not his primary responsibility on the way to and from work, or an accident in an urban rail transit, passenger ferry or train, it should be recognized as a work-related injury, and the entertainment club where Mr. Li's wife works is off work at 2:00 p.m., and he has a car accident at more than 5 o'clock, and he has an accident in the car of the best customer, so it cannot be regarded as a work-related injury.

But the driver who caused the accident is also very responsible, because he drank that night, so he doesn't remember what happened at the time, and he is also the only economic ** in the family, and now he really can't take out the money, and others also know that he is very disgraceful when this happened, and he is not willing to lend him money, he said that there is really no way, can only wait for the legal sanctions, in fact, let us sigh that drinking does not drive, driving does not drink, this sentence is very reasonable. Fortunately, there were no life safety issues.

Through this incident, we should also be able to have a deeper understanding, can not drink and drive, once the consequences of the accident are unimaginable, not only will the insurance company refuse to pay, but also bear a certain amount of legal responsibility, to their own family, to their own life has a very big impact, we should abide by traffic rules. Although there are a lot of lessons from the past, there are still a lot of people who choose to drink and drive, which is also a fluke.

I think this woman's situation is a work-related injury, and she will make such a move for the sake of work, and it is also for the development of the company, so she will work so hard, of course, the company also needs to bear part of it.

Relatively speaking, it is not a work injury, after all, she is not at work, but after work A tragic accident, relatively speaking, the company still does not need to be responsible for it.

Not counted. Because the company's prescribed time for work has passed, this is a woman's personal behavior, and it is not considered a work-related injury.

The woman was injured in a car accident after eating with a guest after work, and I think it is a work-related injury because even though it is during off-duty hours, the woman is still working on work-related projects.

I think this behavior should be considered a work injury, because his behavior is also at work, and you should make some compensation to such a conscientious employee.

I think this is a work-related injury, because although it is off-duty time, she is still eating with the client, and it is also for the better development of the work, so the company should compensate for the work-related injury.

Of course, it is a work injury, after all, the woman is busy with the company's affairs, which is an overtime work, and the company needs to take responsibility.

Not counted. According to the provisions of the Trial Measures for Work-related Injury Insurance for Employees of Enterprises promulgated by the former Ministry of Labor in August 1996, if an employee is injured, disabled or dies due to one of the following circumstances, it shall be recognized as a work-related injury: 1) Engaged in the daily production or work of the unit or the work temporarily designated by the person in charge of the unit, in case of emergency, although not designated by the person in charge of the unit, engaged in work directly related to the major interests of the unit; (2) Engaged in scientific experiments, inventions and creations and technological improvement work related to the unit with the arrangement or consent of the person in charge of the unit; (3) Occupational diseases caused by exposure to occupational harmful factors in the production and working environment; (4) In the time and area of production and work, accidental injury caused by unsafe factors, or death caused by sudden illness due to work tension or loss of working ability after the first rescue; (5) Personal injury caused by the performance of duties; (6) Engaging in rescue, disaster relief, rescue and other activities to safeguard the interests of the state, society and the public; (7) Soldiers who have been disabled in the line of duty or because of war are demobilized and transferred to work in enterprises; (8) During the period of going out on business, due to work reasons, the injury or disappearance caused by traffic accidents or other accidents, or the death caused by sudden illness or the total loss of working ability after the first rescue**.

9) On the specified time and necessary route for commuting to and from work, there is a road traffic motor vehicle accident for which there is no personal responsibility or no primary responsibility; (10) Other circumstances stipulated by laws and regulations.

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) 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 as a result of performing work duties; (4) Suffering from an occupational disease; (5) During the period when they are away for work, they are injured due to work reasons or their whereabouts are unknown in an accident; (6) Being injured in a traffic accident or an urban rail transit, passenger ferry, or train accident 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.

The principles for determining work-related injuries are the cause of work, working hours, and working place. Going to eat after work has ruled out the cause of work, working hours, and place of work, and if it is not work-related, it cannot constitute a causal relationship with work-related injuries on the route home from work.

Legal basis: Zhisheng.

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) Engaged in work-related activities in the workplace before and after working hours.

Injuries caused by accidents in preparatory or finishing work;

(3) Suffering violence or other accidental injuries during working hours and in the workplace as a result of performing work duties;

(4) Suffering from an occupational disease;

(5) During the period when they are away for work, they are injured due to work reasons or their whereabouts are unknown in an accident;

(6) Being injured in a traffic accident or an urban rail transit, passenger ferry, or train accident 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.

1. Which unit to find for the identification of labor injuries.

1) Work-related injury appraisal refers to the act of appraisal of work-related injuries by the labor ability appraisal committee at or above the districted city level on the basis of the work-related injury appraisal of an employee who has been identified as a work-related injury, after the completion of his or her medical treatment or the expiration of the megavolt medical treatment period. The scope of work-related injury appraisal includes: labor ability appraisal, suspension of pay period appraisal and confirmation, nursing level appraisal, disability assistive device family and equipment configuration appraisal, etc.

2) Determination of work-related injury: the human resources and social security bureau where the employer is located. When applying, you need to provide: application form for work-related injury determination, proof of existence of labor relationship, medical diagnosis certificate and other materials.

3) Labor ability appraisal: After the injury is stabilized, you can apply to the Municipal Labor Ability Appraisal Committee or the appraisal agency designated by the Human Resources and Social Security Bureau for labor ability appraisal. When applying, you need to provide: relevant materials such as work-related injury determination decision and work-related injury medical treatment.

2. How to reimburse for work-related injuries.

Work-related injury compensation includes the part paid by the company and the part paid by social insurance, and the employee should apply to the social security center for work-related injury benefits review after the labor ability appraisal results are issued, and the work-related injury benefits will be issued after the review is passed.

The review of social security ** payment of work-related injury benefits needs to be submitted: a copy of the certificate of work-related injury and occupational disease; A copy of the labor ability appraisal certificate or a medical termination appraisal form; Medical invoices, a list of total hospitalization expenses; Copies of outpatient medical records and discharge summary; transfer-in to the account; A copy of your ID card.

The wages paid by the employer shall be paid on a monthly basis, and if there is a disability, the payment shall be negotiated when the labor relationship is terminated with the employer. If there is a dispute between the employee and the employer over the issue of work-related injury compensation, they can apply for labor arbitration to protect their rights.

If an employee encounters a traffic accident on the way from work for which he or she is not primarily responsible, it is a work-related injury.

Regulations on Work-related Injury Insurance

Article 14 In any of the following circumstances, an employee shall be deemed to have suffered 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) Suffering violence or other accidental injuries during working hours and in the workplace as a result of performing work duties;

(4) Suffering from an occupational disease;

5) During the period of going out for work, they are injured due to work noise or have an accident and their whereabouts are unknown;

(6) Being injured in a traffic accident or an urban rail transit, passenger ferry, or train accident 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.

Article 15 In any of the following circumstances, an employee shall be deemed to have suffered a work-related injury:

1) During working hours and at work, death from a sudden illness or death within 48 hours of ineffective rescue is silent;

2) Suffering harm in emergency rescue and disaster relief or other activities to preserve national or public interests;

3) The employee was originally serving in the army, but was disabled due to war or duty injuries, and has obtained a disabled military certificate, and is injured after arriving at the employer.

Employees who have the circumstances in items (1) and (2) of the preceding paragraph 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 Employees who meet the requirements of Articles 14 and 15 of these Regulations, but in any of the following circumstances, shall not be deemed to have suffered a work-related injury or be treated as a work-related injury

1) Intentionally committing a crime;

2) Drunk or drug addiction;

3) Self-harm or suicide.

1. How long does it take to determine a work-related injury?

Regulations on Work-related Injury Insurance

Article 20 The social insurance administrative department 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, and notify the employee or his close relatives and the worker's unit in writing of the application for work-related injury determination.

The social insurance administrative department shall make a decision on the determination of work-related injury within 15 days of accepting an application for work-related injury determination where the facts are clear and the rights and obligations are clear.

Where it is necessary to base a decision on the determination of work-related injuries on the basis of the conclusion of the judicial organ or the relevant administrative department, the time limit for making a determination of work-related injury is suspended during the period that the judicial organ or the relevant administrative department has not yet made a conclusion.

Where the staff of the social insurance administrative department has an interest in the applicant for work-related injury determination, they shall recuse themselves.

If an employee is in a car accident on the way to and from work, or is not primarily responsible, it shall be deemed to be a work-related injury. The car accident on the way to and from work is a road traffic accident caused by a motorized grinding car within the specified time and reasonable route for commuting to and from work, and shall be recognized as a work-related injury.

[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) Suffering violence or other accidental injuries during working hours and in the workplace as a result of performing work duties;

(4) Suffering from an occupational disease;

(5) During the period when they are away for work, they are injured due to work reasons or their whereabouts are unknown in an accident;

(6) Being injured in a traffic accident or an urban rail transit, passenger ferry, or train accident 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.

A car accident on the way to and from work does not always constitute a work-related injury.

A car accident suffered by an employee on the way to and from work does not automatically constitute a work-related injury, and can only be recognized as a work-related injury if he or she 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; If the traffic accident occurs because of the employee's primary responsibility, it cannot be recognized as a work-related injury.

[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) 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 as a result of performing work duties; (4) Suffering from an occupational disease; (5) During the period when they are away for work, they are injured due to work reasons or their whereabouts are unknown in an accident; (6) Being injured in a traffic accident or an urban rail transit, passenger ferry, or train accident 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.