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According to the relevant laws and regulations, even if the employee is hit by a non-motor vehicle, as long as the worker is not primarily responsible for the traffic accident, it can be treated as a work-related injury.
Relevant provisions of the 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.
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Now you can. No, according to the original regulations on work-related injury insurance. Article 14 of the newly revised 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:
6) Injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train for which they are not primarily responsible;
Therefore, if the traffic police determine that you are not primarily responsible, you can apply.
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You can apply to the Labor Bureau for a work-related injury determination.
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According to the Regulations on Work-related Injury Insurance, a traffic accident or a traffic accident involving urban rail transit, passenger ferry, or train that is not the person's primary responsibility on the way to and from work may be deemed to be a work-related injury.
Whether an accident on the way home from work can be recognized as a work-related injury depends on whether three conditions are met:
1. It is on the way to and from work, although it is not required to go through the route and a reasonable time, but at least there can be no detour and go home after doing other things;
2. The person bears non-primary responsibility, that is, the injured person bears equal responsibility, secondary responsibility or no responsibility as stated in the traffic accident liability determination document;
3. The injury is caused by a traffic accident or an accident involving urban rail transit, passenger ferry, or train.
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1. Can being hit by a car on the way to and from work be recognized as a work-related injury?
1. Whether being hit by a car on the way to and from work is recognized as a work-related injury depends on the situation
1) If an employee is in a car accident during the holiday, it does not belong to the work-related injury mentioned in the law;
2) If you are injured in a traffic accident or an accident involving an urban rail crossing, passenger ferry, or train accident that is not the main responsibility of you on the way to and from work, it shall be deemed to be a work-related injury.
2. 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) 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.
2. What is the procedure for determining work-related injuries?
1. Application. If the employer does not submit an application, the worker shall submit an application for work-related injury recognition within one year, and the corresponding materials shall be prepared for the application for work-related injury determination;
2. Investigation. After accepting the application, the labor and social security department shall quietly investigate and verify the accident injury;
3. Identification. Generally, the determination will be made within 60 days.
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If you fall and injure yourself while riding an electric vehicle to and from work, it is not considered a work-related injury, and only if you are injured in a traffic accident that is not your main responsibility on the way to and from work, you can meet the criteria for work-related injury identification. If you accidentally fall and injure yourself, you cannot be recognized as a work-related injury. On the way to work, only the motor vehicle is not the primary responsibility for the work-related injury.
On the way to and from work, an employee who is injured in a motor vehicle accident shall be deemed to have suffered a work-related injury. The regulations stipulate that an employee shall be recognized as a work-related injury if he or she has one of six circumstances: during working hours and in the workplace, during working hours and in the workplace, during the working hours and in the workplace when he is injured in an accident due to work-related reasons, during the working hours and in the workplace when he is injured in an accident due to work-related preparatory or finishing work, and during the period when he or she is injured by an occupational disease such as violence or other accidents due to the performance of his or her work duties, and other situations in which the law or administrative regulations stipulate that he or she is injured due to work reasons or whose whereabouts are unknown.
The regulations also stipulate that if an employee has any of the following circumstances, it shall be regarded as a work-related injury: during working hours and at work, a worker who has been injured in the activities of safeguarding national interests and public interests, such as sudden illness and death within 48 hours after rescue and disaster relief, has served in the army, has been disabled due to war or duty injuries, has obtained a disabled military certificate, and has been injured after arriving at the employer. In the event of a dispute between an employee and an employer over the determination of work-related injury, the employer shall bear the burden of proof.
Further information: Is it considered a work-related injury to be primarily responsible for an electric vehicle collision on the way to work?
A traffic accident in which an electric vehicle collides on the way to work and is identified as the main responsibility by the traffic management department; It cannot be recognized as a work-related injury by the work-related injury management department. According to the provisions of Article 14 (6) of the Regulations on Work-related Injury Insurance (effective as of January 1, 2011): on the way to and from work, the person is injured by a traffic accident or an accident of urban rail transit, passenger ferry, or train for which he or she is not primarily responsible;
Legal basis: Article 14 of the Regulations on Work-related Injury Insurance shall be recognized as a 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 work-related pre-preparation 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 their duties and 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;
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According to Article 14 of the Regulations on Work-related Injury Insurance, if an employee falls on a bicycle on the way to work, it shall be deemed to be 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 the work boom time; 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 work, being injured in a traffic accident for which he or she is not primarily responsible, or by an accident involving rail transit, passenger ferry, or train in Xunsheng City; 7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries. Leak old.
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) 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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If an employee is hit by a non-motor vehicle, if a non-motor vehicle traffic accident occurs on the way to and from work, and the employee does not bear the main responsibility for the accident, it can be recognized as a work-related injury. If it does not occur during the commute to or from work, or if the worker is primarily responsible for the accident, it cannot be recognized as a work-related injury.
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) Accidental injuries such as violence due to the performance of work duties during working hours and in places where work is missing;
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 while commuting to or from work;
7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.
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If you are hit at work, the responsibility shall be divided by the traffic police department. Non-primary liability belongs to work-related injuries, and the compensation items for work-related injury claims are as follows: 1. Compensation for general injuries (not reaching disability):
Medical expenses, food allowance during hospitalization, living care expenses, wages during work-related injuries, transportation and accommodation expenses. 2. Compensation for disability: medical expenses, food allowance during hospitalization, living care expenses, wages during work-related injuries, transportation and lodging expenses, assistive device expenses, one-time disability allowance, disability allowance, one-time medical subsidy for work-related injuries, and one-time disability and regret subsidy.
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Whether being hit by a car on the way to and from work is recognized as a work-related injury depends on the situation
1) If an employee is in a car accident during the holiday, it does not belong to the work-related injury mentioned in the law;
2. If you are injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train that is not your primary responsibility while commuting to or from work, it shall be deemed to be a work-related injury.
What is the procedure for determining a work-related injury?
1. Application. If the employer does not submit an application, the worker shall submit an application for recognition of a megaliter of work-related injury within one year, and the corresponding materials shall be prepared for the application for work-related injury determination;
2. Investigation. After accepting the application, the labor and social security department shall investigate and verify the accident injury;
3. Identification. Generally, the determination will be made within 60 days.
Legal basisArticle 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 or 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 or the whereabouts of the accident 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.
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