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As long as the conditions for work-related injuries are met, regardless of the liability of the injured person, it should be a work-related injury and work-related injury insurance compensation should be handled. Because many work-related accidents may be caused by oneself, it does not affect the determination and compensation of work-related injuries.
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It depends on whether you are commuting to and from work, if it is due to work during working hours, it has nothing to do with responsibility, but if you are on the way to and from work, if the work-related injury is not the main responsibility, you can't do this, you are the main responsibility, and it can't be constituted.
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If you are in a traffic accident on the way to work on the way to work. Yes, it can be treated as work-related injury benefits.
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If you are primarily responsible for your commute to or from work, it is not a work-related injury. (Those who bear equal or secondary responsibility are considered work-related injuries).
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) On the way to and from workSuffered a traffic accident for which the person is not primarily responsibleor injuries caused by accidents in urban rail transit, passenger ferries, or trains;
7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.
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If the traffic accident is four or six points, the compulsory insurance of the car owner will pay for the medical expenses first, and the excess part will be compensated according to four or six points. One party bears 40 percent and the other party bears 60 percent. Compulsory liability insurance for motor vehicle traffic accidents implements a uniform liability limit nationwide.
The liability limits are divided into death and disability compensation limits, medical expense compensation limits, property damage compensation limits, and compensation limits for the insured who is not responsible in road traffic accidents.
How to make a claim after a traffic accident.
1. Notify the insurance company;
2. The insurance company sends someone to understand the situation;
3. Submit documents such as insurance bills, driving licenses and driver's licenses to the insurance company;
4. After the insurance company assesses the damage of the vehicle, it will assess the cost;
5. Review the claim documents;
6. After the approval is passed, bring the relevant materials to receive the claim payment.
[Legal basis].Article 21 of the Regulations on Compulsory Insurance of Motor Vehicle Traffic Accident Liability.
If a road traffic accident occurs in the insured motor vehicle and causes personal and property losses to the victim other than the vehicle personnel and the insured, the insurance company shall compensate within the liability limit of the compulsory insurance for motor vehicle traffic accident liability in accordance with the law. If the damage caused by the road traffic accident is intentionally caused by the victim, the insurance company will not compensate for it.
Article 23.
Compulsory liability insurance for motor vehicle traffic accidents implements a uniform liability limit nationwide. Liability limits are divided into death and disability compensation limits, medical expense compensation limits, property damage compensation limits, and compensation limits for the insured who is not liable in road traffic accidents. The liability limit of compulsory insurance for motor vehicle traffic accident liability shall be prescribed by the China Insurance Regulatory Commission in conjunction with the public security department, the health department, and the agriculture department.
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1. How to compensate for the liability for a car accident in half of the hail is the same liability for the traffic accident in legal terms, and the parties involved in the car accident are liable for 50 at this time. The same liability is also divided into circumstances: 1. If both parties are motor vehicles, the compensation method is that both parties use their respective compulsory traffic insurance to compensate each other, and if the compulsory traffic insurance is not enough to compensate, the excess part will be compensated by the other party in the bad chain 50, and they will bear 50, if both parties have insurance, they can use the insurance company to compensate.
2. If one party is a motor vehicle and the other party is a non-motor vehicle or a pedestrian, the loss of the motor vehicle shall be compensated by the other party 50, and the other 50 shall be borne by itself, and the insurance company shall compensate if there is insurance. The motor vehicle party first compensates the other party with compulsory traffic insurance, and each bears 50 for the excess part. 2. Conditions for the Composition of a Motor Accident (1) One of the parties involved in the traffic accident must use a vehicle (including motor vehicles and non-motor vehicles), and there is no requirement for the scope of the other party.
The other party may be a driver, passenger or pedestrian of a motor vehicle related to traffic activities, or other persons whose activities or behaviors are closely related to traffic but are not for the purpose of transportation. (2) The place where the traffic accident occurs shall be within the scope of the "road" specified in the Road Traffic Safety Law. According to the relevant provisions of Article 119, the definition of "road" in a traffic accident specifically means:
Highways, urban roads, and places that allow social motor vehicles to pass although they are within the jurisdiction of the unit, such as squares, public parking lots, and other places with a certain degree of public access. In addition, a vehicle accident that occurs in other places cannot be called a traffic accident, but after receiving the report of the party, the traffic police department shall, in accordance with Article 77 of the Road Traffic Safety Law, make an accident determination of the accident and make a traffic accident identification document, and the compensation standards of both parties to the accident can also be compensated with reference to the relevant laws, regulations and interpretations of traffic accidents. (3) If the accident is a traffic accident, the vehicle of one party must be in a moving state, otherwise it does not belong to the category of traffic damage accident.
4) The parties to the accident are subjectively negligent (including: negligence or overconfidence) in the occurrence of the accident, and at least one party is at fault in the process of driving or pedestrian, causing certain personal or property damage, otherwise it does not constitute a traffic accident.
Article 73 of the Road Traffic Safety Law The traffic management department of the public security organ shall, on the basis of the inquest, inspection and investigation of the traffic accident scene and the relevant inspection and appraisal conclusions, make a traffic accident identification document in a timely manner as evidence for handling the traffic accident. The traffic accident determination document shall clearly state the basic facts of the traffic accident, the causes and the responsibilities of the parties, and serve them on the parties.
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Legal analysis: In the event of a traffic accident between a motor vehicle and a non-motor vehicle driver or pedestrian: (1) If the motor vehicle party bears full responsibility in the traffic accident, it shall bear 100% of the compensation liability; (2) If the motor vehicle party bears the main responsibility in the traffic accident, it shall bear 80% of the compensation liability; (3) If the motor vehicle party bears equal responsibility in the traffic accident, it shall bear 60% of the compensation liability;
Legal basis: Article 1208 of the Civil Code of the People's Republic of China Where a motor vehicle is involved in a traffic accident and causes damage, it shall be liable for compensation in accordance with the Road Traffic Safety Law and the relevant provisions of this Law.
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It is not possible to apply for a work-related injury. The criterion for determining work-related injuries is that they bear non-primary responsibility during their commuting to and from work. If you are primarily responsible for the accident, you do not meet the criteria for determining a work-related injury.
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Of course, it was a work-related injury.
On the way to work, when an employee suffers a traffic accident for which he or she is not primarily responsible (i.e., no liability, secondary liability, or equal responsibility), it is a work-related injury, and if an employee has any of the following circumstances in accordance with Article 14 of the Regulations on Work-related Injury Insurance, it shall be deemed to be a work-related injury: on the way to and from work, 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. After a traffic accident occurs on the way to and from work, the accident scene should be protected, the police should be called in time, and the traffic police should issue a traffic accident identification letter.
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