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Count as a work-related injury. Chapter III of the Regulations on Work-related Injury Insurance is the determination of work-related injuries.
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) Injured in an accident while engaged in work-related preparatory or finishing work in the workplace before or after working hours.
harmful; 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.
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, but were disabled due to injuries sustained in war or in the line of duty, have obtained the certificate of revolutionary disabled servicemen, and have arrived at the employer.
Old wounds**.
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 other than a one-time disability subsidy in accordance with the relevant provisions of these Regulations.
Insurance treatment.
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As long as the injury caused by being on the job during working hours should be counted, you can check the laws and regulations, which are very clear, or you can go to the labor and social security department for consultation.
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Of course, not to mention at work during vacations!
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If it is injured at work during work, it is resolutely yes.
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Now, if you are injured on your commute to or from work, it won't be considered a work-related injury.
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My dad is a businessman with a grade 9 disability
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Scope of work-related injuries] Article 14 of the Regulations on Work-related Injury Insurance stipulates:
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) Being injured in a motor vehicle accident while commuting to or from work;
6) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.
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Legal analysis: Yes, if the employee is injured in an accident or suffers from an occupational disease due to work-related reasons, and the work-related injury is determined, 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.
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) 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.
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.
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Intentional injuries at work can generally be recognized as work-related injuries. The circumstances that shall not be recognized as work-related injuries include the worker's intentional crime, drunkenness or drug abuse, self-harm or suicide, and the employee's intentional injury at work does not fall under one of the above circumstances. Article 16 of the Regulations on Work-related Injury Insurance Article 16 An employee shall not be deemed to have suffered a work-related injury or be treated as a work-related injury if he or she meets the requirements of Articles 14 and 15 of these Regulations, but in any of the following circumstances:
1) Intentionally committing a crime; (2) Drunk or taking drugs; (3) Self-harm or suicide. Article 14 In any of the following circumstances, an employee shall be deemed to have suffered a work-related injury: (1) Injured in an accident during working hours and in the workplace due to work-related reasons; 5) Injured or unaccounted for in an accident while away for work; (6) On the way to and from work, being injured in a traffic accident or an urban rail transit, passenger ferry, or train accident for which they are not primarily responsible; 7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.
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Injuries sustained on the job are considered work-related injuries.
If an employee is injured at work, if he or she meets both the conditions of being injured at work and due to work-related reasons, it is considered a work-related injury; or if you are injured while commuting to or from work at work, you are injured while engaging in preparatory or finishing work, which is also considered a work-related injury.
In fact, in the employment relationship, to a certain extent, the two parties only bear some unshirkable responsibilities and obligations to each other during the statutory working hours, but the employer is not the guardian of the employee, and the employee, as a person with full capacity for civil conduct, cannot be liable for compensation after he is accidentally injured in his daily life.
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Intentional injury at work is not a work-related injury if the worker suffers an injury in the workplace during the course of work as a result of the work;
It can only be recognized as a work-related injury after a traffic accident on the way to and from work, and if it is an injury caused by intentionality, drunkenness, drug abuse, self-harm and suicide, it does not constitute a work-related injury.
Legal basis] Article 14 of the Labor Contract Law stipulates that if an employee has any of the following circumstances, it shall be deemed 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 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.
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According to Article 16 of the Regulations on Work-related Injury Insurance, the following circumstances do not belong to work-related injuries:
1. Intentionally committing a crime;
2. Drunk or drug-addicted;
3. Self-harm or suicide.
1. Seeking medical treatment within a few days of injury can be regarded as a work-related injury.
Whether it is a work-related injury requires the employer to apply for a work-related injury determination within one month, or the employee to apply for a work-related injury recognition within one year and be recognized by the labor department. In any of the following circumstances, it must not be found to be a work-related injury or treated as a work-related injury: (1) an intentional crime; (2) Drunk or taking drugs; (3) Self-harm or suicide.
2. Sudden cerebral hemorrhage during work is counted as a work-related injury.
Sudden cerebral hemorrhage at work is generally not a work-related injury, but it can be regarded as a work-related injury under some special circumstances. If a worker dies of sudden illness during working hours and at work, or dies within 48 hours after being rescued by a simple number of ineffective people, it shall be regarded as a work-related injury. However, in any of the following circumstances, it shall not be recognized as a work-related injury or treated as a work-related injury:
intentionally committing a crime; drunk or addicted to drugs; Self-harm or suicide.
3. What materials should be prepared for a lawsuit involving a work-related injury?
In the case of a work-related injury lawsuit, a copy of the party's ID card, industrial and commercial enterprise file registration materials, and work-related injury appraisal certificate shall be prepared. Labor ability appraisal conclusion, work stoppage, wage appraisal certificate. As well as outpatient medical records, diagnosis certificates, medical expense vouchers, and salary schedules.
If the person has social security, he or she also needs to submit a work-related injury insurance benefit review form. Article 16 of the Regulations of the People's Republic of China on Work-related Injury Insurance stipulates that an employee shall not be recognized as a work-related injury or treated as a work-related injury if he or she has any of the following circumstances:
for an intentional offense; Drunkenness leads to **; Self-harm or suicide.
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 falls 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) Suffering violence or other accidental injuries 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.
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Legal Analysis: It should be recognized as a work-related injury. I had the subjective intention to deliberately violate the rules, which caused losses to Shan Kuanhao's imitation, but the violation was not serious enough to violate the Criminal Law or the Public Security Administration Punishment Law, and there was no evidence to prove that he caused the accident while intoxicated or caused his self-harm.
Legal basis: Regulations on Work-related Injury Insurance
Article 14 If an employee has any of the following circumstances, it shall 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) The employer does not submit an application for work-related injury recognition under the specified conditions for work-related injury determination;
The person or his immediate family members may apply directly to the labor and social security administrative department for work-related injury recognition within one year from the date of the accident, and the labor department should also approve his application for work-related injury recognition.
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Legal Analysis: It should be recognized as a work-related injury. I deliberately violated the rules and caused losses to the unit, but the violation was not serious enough to violate the Criminal Law or the Public Security Administration Punishment Law, and there is no evidence to prove that he caused the accident while intoxicated or caused by his own self-harm.
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) During working hours and in the workplace, the person is injured in an accident due to rough work;
2) The employer does not submit an application for work-related injury recognition under the specified conditions for work-related injury determination;
The person or his immediate family members may directly apply to the labor and social security administrative department for work-related injury recognition within one year from the date of the accident injury, and the labor department should also approve his application for work-related injury determination.
Article 15, Paragraph 1 of the Regulations on Work-related Injury Insurance stipulates that if an employee dies of sudden illness during working hours and at work, or dies within 48 hours after rescue fails, it shall be regarded as a work-related injury. >>>More
If an intern is injured at work, if it is a student internship, it is not considered a work-related injury, but the employer can be required to pay compensation. Legal basis: Article 11 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases The employer shall be liable for compensation for personal injuries suffered by an employee in the course of employment activities. If a third party outside the employment relationship causes personal injury to an employee, the person entitled to compensation may request the third party to bear the liability for compensation, and may also request the employer to bear the liability for compensation. >>>More
This situation of yours is indeed a bit peculiar.
I would like to express my personal opinion on the question you raised: >>>More
There is no problem at all, the compensation of the insurance company and the compensation of the employer are two completely different things. Although both of these seem to be financial compensation, they are completely different in the legal sense. >>>More
If the injury at work is not dealt with, and the company does not give money, can I be hospitalized if I have no money? This problem is not allowed to be discharged, because the discharge is your own choice, and it has nothing to do with the unit, as for the hospitalization, you have to find a way to borrow from a comrade, or apply to the relevant departments, and after borrowing money, you will not have to be treated. Because you can't be cured, you can stand up and find your unit to solve this problem after you get well, if you really can't do it, you can find the National Arbitration Commission to help solve it, thank you.