It is a work related accident, and the issue of liability and compensation is determined

If the labor relationship can be determined, you should apply for work-related injury identification and labor ability appraisal as soon as possible, and then apply for labor arbitration as soon as possible according to the appraisal results, and request the employer to compensate for work-related injuries as soon as possible, because the statute of limitations is only 1 year, and the law does not support it if the statute of limitations is exceeded.

Compensation items for disability caused by work-related injuries: medical expenses, food allowance during hospitalization, living care expenses, wages during work-related injuries, transportation and accommodation expenses, assistive device expenses, one-time disability allowance, disability allowance, one-time medical subsidy for work-related injuries, one-time disability employment subsidy, etc.

If the labor relationship cannot be determined, you can go to the judicial appraisal agency for the disability level appraisal, and the injured person needs to bring a copy of the ID card, medical records, **, etc.

Then, according to the appraisal results, file a lawsuit with the court as soon as possible to claim compensation for personal injury, because the statute of limitations is only 1 year, and the law does not support it after the statute of limitations.

Personal injury compensation includes medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, necessary nutrition expenses, and if the victim is disabled due to injury, it is also necessary to increase disability compensation, disability assistive device expenses, as well as necessary expenses, nursing expenses, and follow-up expenses actually incurred due to nursing care and continuation.

This is a de facto labor relationship, and the specific compensation is nothing more than hospitalization expenses, nutrition expenses, and lost work expenses.

Negotiate this matter first, and if it really doesn't work, go to court and file a lawsuit!

The legal basis is 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, which stipulates that if an employee suffers personal injury in the course of employment activities, the employer shall be liable for compensation. 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.

After the employer assumes the liability for compensation, it can recover from a third party.

If the foreman of the small package does not have a unit, the accident is a personal accident injury and cannot be recognized as a work-related injury.

Legal Analysis: In the case of work-related accidents, except for traffic accidents, there is no division of responsibility for other accidents. The principle of no-fault liability applies to work-related injury compensation, and even if the employee is injured due to the employee's violation of the operating procedures, the employer must also bear the work-related injury compensation.

If it has been determined to be a work-related accident, the responsible entity is the enterprise; The main body of compensation is the enterprise and the work-related injury insurance institution.

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 30 Employees who are injured in accidents or suffer from occupational diseases due to work shall enjoy medical treatment for work-related injuries.

Employees who are injured at work shall seek medical treatment in a medical institution that has signed a service agreement, and in case of emergency, they can first go to the nearest medical institution for first aid.

**If the expenses required for work-related injuries meet the requirements of work-related injury insurance diagnosis and treatment items, work-related injury insurance drug lists, and work-related injury insurance hospitalization service standards, they shall be paid from work-related injury insurance**. The catalogue of work-related injury insurance diagnosis and treatment items, the catalogue of work-related injury insurance drugs, and the hospitalization service standards of work-related injury insurance shall be prescribed by the social insurance administrative department in conjunction with the health administrative department, the food and drug supervision and administration department and other departments.

The food subsidy for the hospitalization of the employee for the work-related injury, as well as the transportation, accommodation and accommodation expenses required for the work-related injury employee to seek medical treatment outside the co-ordination area shall be paid from the work-related injury insurance, and the specific standard of payment shall be stipulated by the people of the co-ordination area.

Injured employees are not entitled to medical treatment for work-related injuries and shall be dealt with in accordance with the basic medical insurance measures.

If the work-related injury employee goes to the medical institution that has signed the service agreement to carry out the work-related injury**, if it meets the requirements, it shall be paid from the work-related injury insurance**.

According to Article 14 of the Regulations on Work-related Injury Insurance, 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) During working hours and in the workplace, being injured by violence or other accidents due to the performance of work duties;

4) Suffering from occupational diseases;

5) During the period of going out for work, they are injured due to work reasons or their whereabouts are unknown in the event of an accident;

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.

After the establishment of work-related injuries, no-fault liability compensation shall be implemented. If the employer has paid the work-related injury insurance in accordance with the law, the expenses shall be paid to the employee in the social insurance**, and if the employer fails to pay the work-related injury insurance to the employee, the expenses shall be paid by the employer.

Legal basis: Article 14 of 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:

1) During working hours and in the workplace, the cherry tree branch is injured by an accident due to work;

Injured in an accident while engaged 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.

In the case of a work-related accident, compensation is not paid according to liability. If it is a work-related accident that is a traffic accident, then the compensation should be paid by a third party, and the work-related injury insurance** and the employer should make up the amount of work-related injury benefits. According to Article 38 of the Social Insurance Law, the following expenses incurred due to work-related injuries shall be paid from work-related injury insurance in accordance with national regulations:

1) Medical expenses and expenses for work-related injuries; (2) Hospitalization meal subsidy; (3) Transportation and lodging expenses for medical treatment outside the overall planning area; (4) The cost of installing and configuring assistive devices for the disabled; (5) For those who are unable to take care of themselves, the living care expenses confirmed by the Labor Ability Appraisal Committee; (6) A one-time disability allowance and a monthly disability allowance for disabled employees of grades 1 to 4; (7) A one-time medical subsidy to be enjoyed when the labor contract is terminated or dissolved; (8) In the case of work-related death, the funeral allowance, pension for dependent relatives and work-related death allowance received by the surviving family members; (9) Labor ability appraisal fee. Article 39 The following expenses incurred as a result of work-related injuries shall be paid by the employer in accordance with the provisions of the state: (1) wages and benefits during the work-related injury; (2) The monthly disability allowance received by the disabled employees of the fifth and sixth grades; (3) A one-time disability employment subsidy that shall be enjoyed when the labor contract is terminated or terminated.

Article 41 If an employee's employer fails to pay work-related injury insurance premiums in accordance with the law, and a work-related accident occurs, the employer shall pay the work-related injury insurance benefits. If the employer does not pay, it shall be paid in advance from the work-related injury insurance**. The work-related injury insurance benefits paid in advance from the work-related injury insurance** shall be reimbursed by the employer.

If the employer fails to repay, the social insurance agency may recover compensation in accordance with the provisions of Article 63 of this Law. Article 42 If a work-related injury is caused by a third party, and the third party does not pay the medical expenses for the work-related injury or the third party cannot be determined, the work-related injury insurance shall pay in advance. After the work-related injury insurance** is paid in advance, it has the right to recover from a third party. Big lead.

First of all, work-related injuries, also known as work-related injuries, refer to injuries sustained by employees in production or work.

Secondly, for the determination of work-related accidents in work-related injury compensation, if an employee has any of the following circumstances, it shall be recognized as 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 in which laws and administrative regulations provide that Sun Feng shall be found to be a work-related injury. then pure.

Finally, it can be seen from the above-mentioned legal provisions that "working hours", "workplace" and "work reason" are the basic elements of work-related injury determination.

Legal basis

Article 14 of the Regulations on Work-related Injury Insurance 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.

There is no division of liability for workers' compensation. If there is no division of responsibility for work-related injuries and they are work-related injuries, it is necessary to apply for work-related injury recognition and labor ability appraisal in a timely manner. In the event of a work-related injury, you need to go to the Social Security Bureau to confirm whether the employer has purchased work-related injury insurance for you.

As an important part of social insurance, work-related injury insurance refers to a social insurance system in which the state and society provide necessary material assistance to workers or their surviving family members after a work-related injury. If the employer has purchased work-related injury insurance, it can require the employer to declare the work-related injury within one month; If not, it is necessary to collect evidence of labor relations as soon as possible and report the work-related injury within one year. Article 38 of the Social Insurance Law The following expenses incurred due to work-related injuries shall be paid from the work-related injury insurance** in accordance with the provisions of the state:

1) Medical expenses and expenses for work-related injuries; (2) Hospitalization meal subsidy; (3) Transportation and lodging expenses for medical treatment outside the overall planning area; (4) The cost of installing and configuring assistive devices for the disabled; (5) For those who are unable to take care of themselves, the living care expenses confirmed by the Labor Ability Appraisal Committee; (6) A one-time disability allowance and a monthly disability allowance for disabled employees of grades 1 to 4; (7) A one-time medical subsidy for the termination or dissolution of the labor contract; (8) In the case of work-related death, the funeral allowance, pension for dependent relatives and work-related death allowance received by the surviving family members; (9) Labor ability appraisal fee.

In the case of a work-related accident, if the employee is also responsible, can the employee receive work-related injury compensation ()aYes. b.No.

c.It depends on the degree of responsibility of the employee.

d.The decision is made by Yu Hengjin, a social insurance agency.

Correct Answer: a