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It is difficult to identify a work-related injury because without the police will not have a Traffic Accident Liability Certificate, and without a Traffic Accident Liability Certificate, it is impossible to prove that a traffic accident occurred and the division of accident responsibility (the division of responsibilities between two or more parties in a traffic accident), so it is difficult to be recognized as a work-related injury.
Article 14 of the Regulations on Work-related Injury Insurance: 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 while commuting to or from work; It can be recognized as a work-related injury.
Therefore, if you want to be recognized as a work-related injury, you must meet the requirements of being on your way to work and you are not primarily responsible for the traffic accident.
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On the way off work, the RV traffic accident is also a work-related injury, because the state has regulations, as long as the accident occurs on the way to work, it is a traffic accident, and it is also industrial and commercial, even if there is no police, it is a work-related injury, medical treatment, and it does not matter if the police are called.
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If there is a traffic accident on the way to work, it is not considered a work injury if you do not call the police, because normal traffic accidents have to be called to the police, and there is a work-related injury appraisal report, so you are not considered a work-related injury.
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It should be considered a work-related injury, because it is injured on the way to work for work, even if you do not report to the police, you should be entitled to work-related injury insurance benefits.
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Is a traffic accident on the way to work and not calling the police considered a work-related injury? If there is a traffic accident on the way to work and there is no police report, if there is a qualified witness to testify, it can be calculated as a work-related injury.
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Is a traffic accident on the way to work and not calling the police considered a work-related injury? I don't think it should be considered a work-related injury on the way to work, because I have already left the company, but sometimes the company can be considered a work-related injury if the leader agrees.
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The latest labor law stipulates that if a traffic accident occurs on the way to work, the police must be called to count it as a work-related injury, otherwise it is not considered a work-related injury.
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I have this kind of traffic accident on the way to get off work and call the police, even if it is a work injury, if you find that you don't call the police, it doesn't matter, it is generally calculated with you, and it will not be affected.
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A traffic accident on the way to work is a work-related injury, because working at night is a work-related accident and is covered by work-related injury insurance. If you report to the police, you will also have to pay for work-related injuries.
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If you have a traffic accident on your way to work and you don't report it to the police, the company will not recognize it even if you want to find a company to count it as a work-related injury.
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If you don't call the police, there is no evidence to prove that you were injured in a traffic accident, and you can't prove that you went to the hospital to see the injury, so it is difficult to identify a work injury.
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Is a traffic accident on the way to work and not calling the police considered a work-related injury? There are witnesses, physical evidence and time periods, and even videos so if you don't get home, even if you are injured at work.
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In the actual situation, if the traffic accident has not been reported to the police, the traffic accident has not been determined by the traffic police department, and it cannot be determined whether the worker is not the main responsibility of the employee, he cannot apply for work-related injury. Relevant provisions: 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:
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First of all, if there is no traffic police, it is difficult to say clearly, so we must call the police in time after the accident, and make a record, so that you can prove that you are a traffic accident, and when you go to work, so that you can report the work injury, you can also check the monitoring, so that you can also prove that you were injured during working hours.
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If a traffic accident occurs on the way to work, it is considered a work injury, and there is no police to report it, and there is also monitoring on the roadside.
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If a traffic accident occurs on the way, is it considered a work injury if I do not report to the police? It should go through the judicial process, well, if the injury is serious, it should be in the following time period.
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If you have work-related injury insurance, it must be in the nature of work-related injuries, and this should be partially reimbursed or compensated.
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If you have a traffic accident on the way home from work, if your employer has paid five guarantees. It should be possible to apply for work-related injury commercial insurance.
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If an employee encounters a traffic accident on the way to and from work, it can be recognized as a work-related injury, but the following conditions must be met at the same time: first, the traffic accident must occur at the specified time of commuting to and from work; Second, it must have been a traffic accident on the route to and from work; Third, it must be the person who is not fully responsible or not the main responsibility; Fourth, it must be a road traffic accident caused by a motor vehicle. According to the Regulations on Work-related Injury Insurance, an employee shall be recognized as a work-related injury if he or she has one of the seven 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 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. 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 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.
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Traffic accidents that occur on the way to and from work belong to the scope of work-related injuries, and traffic accidents shall be handled in accordance with the provisions of traffic accidents, but after the accident is handled, work-related injuries can be handled in accordance with the provisions on work-related injuries.
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1. If you are injured on the way to and from work, you can apply for a work-related injury determination. If there is no injury, it cannot be recognized as a work-related injury.
2. Legal basis: Article 14 (6) of the Regulations on Work-related Injury Insurance stipulates that "a person who is injured in a traffic accident or an urban rail transit, passenger ferry, or train accident for which he or she is not primarily responsible while commuting to or from work" shall be recognized as a work-related injury.
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How can it be considered a work injury if it is not injured? If you have been injured, you must be assessed by the Ministry of Labor before you can be recognized as a work-related injury.
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Don't you know to ask a lawyer that you don't want to spend all this money? Second, goods.
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Legal analysis: If a traffic accident occurs on the way to work, and the injured employee does not bear full responsibility or primary responsibility for the accident, it can be recognized as a work-related injury.
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: (6) 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;
Article 17 If an employee is injured in an accident or is diagnosed or appraised as an occupational disease in accordance with the provisions of the Law on the Prevention and Control of Occupational Diseases, the unit to which he belongs shall, within 30 days from the date of occurrence of the accident injury or the date of diagnosis or appraisal of an occupational disease, submit an application for recognition of work-related injury to the social insurance administrative department of the coordinating area. In case of special circumstances, the time limit for application may be appropriately extended with the consent of the social insurance administrative department. Mausoleum.
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The work-related injury of commuting to and from work is determined to be a work-related injury only if it is injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train for which the person is not primarily responsible.
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) 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.
Article 15 of the Regulations on Work-related Injury Insurance shall be regarded as a work-related injury if an employee has 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 and were disabled due to injuries sustained in war or in the line of duty, have been retired. Life-disabled serviceman certificate, old injury 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.
1. What are the materials that need to be submitted for the determination of work-related injuries?
The following materials shall be submitted to submit an application for determination of work-related injury:
1) Application form for determination of work-related injury;
2) Proof of the existence of an employment relationship (including a de facto employment relationship) with the employer;
3) Medical diagnosis certificate or occupational disease diagnosis certificate (or occupational disease diagnosis and appraisal certificate).
The application form for determination of work-related injury shall include basic information such as the time, place, and cause of the accident, as well as the degree of injury of the employee.
Where the materials provided by the applicant for work-related injury determination are incomplete, the social insurance administrative department shall inform the applicant of all the materials that need to be supplemented and corrected in writing at one time. After the applicant requests to supplement and correct the materials in accordance with the written notice, the social insurance administrative department shall accept it.
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If a traffic accident occurs on the way to work and is not considered a work cover injury, the perpetrator of the traffic accident may be required to bear tort liability.
Article 1165 of the Civil Code [Principle of Fault Liability] Where an actor infringes upon the civil rights and interests of others and causes harm due to his fault, he shall bear tort liability.
Where it is presumed that the actor is at fault in accordance with the provisions of law, and he cannot prove that he is not at fault, he shall bear tort liability.
1. What are the conditions for a traffic accident on the way to work to be recognized as a work-related injury?
The following four necessary elements should be considered when determining whether an employee's road traffic accident is a work-related injury:
1) The prescribed time for commuting to and from work;
2) Necessary routes to and from work;
3) No personal responsibility or non-personal responsibility;
4) Motor vehicle accidents.
2. What are the criteria for determining work-related injuries?
1. 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) 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) On the way to and from work, they are 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.
2. If an employee has any of the following circumstances, it shall be regarded as a work-related injury:
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 originally served in the army, were disabled due to war or duty injuries, and have obtained a disabled military certificate, and were injured after being employed in a single section.
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In the case of a traffic accident on the way to work, according to the relevant laws and regulations of China, if the accident is not caused by the employee's own reasons, it should be recognized as a work-related injury; However, a traffic accident caused by the employee's own reasons cannot be recognized as a work-related injury.
1. Do Meituan delivery riders have work-related injury insurance?
Meituan delivery riders have work-related injury insurance. In accordance with the relevant laws and regulations of our country, during working hours and in the workplace, the person is injured in an accident due to work-related reasons; Injured in an accident while engaged in work-related preparatory or finishing work in the workplace before or after working hours; Injured by violence or other accidents during working hours and in the workplace due to the performance of work duties; suffering from occupational diseases; During the period of going out for work, the person is injured due to work reasons or the whereabouts of the accident are unknown; 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 while commuting to or from work; Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.
2. What are the criteria for determining work-related injuries?
The determination of work-related injury refers to the qualitative act of the employee in order to identify the subject of the infringement caused by improper operation or other reasons in the course of work or deemed work. According to the relevant regulations of our country, it is generally confirmed by the labor administrative department. According to China's "Regulations on Work-related Injury Insurance", work-related injuries generally include work-related accidents and occupational diseases.
The determination of work-related injuries usually needs to consider the cause of the work-related injury, the place where the work-related injury occurred, the time of the work-related injury, and the determination of liability for the work-related injury. China's "Regulations on Work-related Injury Insurance" clearly stipulates the main circumstances of work-related injury identification: 1
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; 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.During the period of going out for work, the person is injured due to work reasons 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 he or she is 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 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 during working hours and in the workplace or in the workplace as a result of performing work duties;
4) Suffering from professional disease and returning to the ante industry;
(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) Injured in a traffic accident for which he or she is not primarily responsible, or by an accident involving urban rail transit, passenger ferry, or train 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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