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Four conditions must be met for the determination of work-related injuries on the way to and from work: (1) the establishment of an employment relationship between the two parties is a precondition; (2) the injury occurred on a reasonable commute to and from work; (3) The person is not primarily responsible for the determination of the liability accident; (4) The injury is caused by a traffic accident (including motor vehicles and non-motor vehicles) or an accident of urban rail transit, passenger ferry, or train.
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Legal basis: 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 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) 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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Legal analysis: Whether an accident can be recognized as a work-related injury in the event of an accident on the way to and from work requires a comprehensive analysis, which is specifically divided into unilateral accidents and multi-party accidents. According to the Regulations on Work-related Injury Insurance, work-related injuries can only be recognized if the following conditions are met:
1) Normal and reasonable commuting routes;
2) Not the main accident responsibility of the person;
3) The injury is caused by a traffic accident or an accident involving urban rail transit, passenger ferry, or train;
4) There is an employment relationship with the employer. The above four conditions must be met at the same time to be recognized as a work-related injury, and if one of them is not met, the work-related injury cannot be recognized and the claim cannot be made according to the work-related injury treatment.
The Provisions of the Supreme People's Court on Several Issues Concerning the Trial of Administrative Cases of Work-related Injury Insurance promulgated by the Supreme People's Court of China in 2014 clearly stipulate the circumstances of commuting to and from work, such as a reasonable route between work and residence, habitual residence, or unit dormitory within a reasonable time. Therefore, the standard for determining work-related injuries on the way to and from work refers to the injuries caused by traffic accidents or urban rail transit, passenger ferries, and train accidents for which the person is not primarily responsible within the specified circumstances on the way to and from work.
Legal basis: 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 has any of the following circumstances:
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 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) Being injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train that is not the person's primary responsibility while commuting to or from work;
7) Other circumstances that shall be recognized as work-related injuries as provided by laws and administrative regulations.
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Legal Analysis: The two parties establish a quarrelsome and slippery labor relationship; The injury accident occurred on the way to and from work; The responsibility is determined to be not the main responsibility of the person; The injury is caused by a traffic accident or an accident in an urban rail transit, passenger ferry, or train.
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 due to work reasons during working hours and in the workplace where slag is touched;
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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Four conditions must be met for the determination of work-related injuries on the way to and from work: (1) the establishment of an employment relationship between the two parties is a precondition; (2) the injury occurred on a reasonable commute to and from work; (3) The person is not primarily responsible for the determination of the liability accident; (4) The injury is caused by a traffic accident (including motor vehicles and non-motor vehicles) or an accident of urban rail transit, passenger ferry, or train.
[Extended content].
Legal basis: 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 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) 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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Legal analysis: first, the two parties have established an employment relationship; second, the injury occurred on a reasonable commute to and from work; Third, in the determination of liability accidents, it is not the main responsibility of the person; Fourth, the injury is caused by a traffic accident (including motor and non-motor vehicles) or an accident in urban rail transit, passenger ferry, or train.
Legal basis: 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 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 in the workplace before or after working hours, engaging in preparatory or finishing work related to the preparation of the work cave chain; (3) Accidental injuries such as violence 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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Four conditions must be met for the determination of work-related injuries on the way to and from work: the employer and the employee establish an employment relationship; The injury accident occurred on the way to and from work in a reasonable manner; not the primary responsibility of the person; Injuries are caused by traffic accidents (both motor and non-motor) or accidents in urban rail transit, passenger ferries, and trains. The social insurance administrative department shall make a decision on the determination of work-related injury within 60 days from the date of acceptance of the application for work-related injury determination.
"Commuting to and from work" in principle, refers to the journey between the employee's residence and the work unit in order to commute to and from work, but according to the actual situation of social life, the employee does not necessarily have only one residence, and due to the different nature of the work, the workplace may not have only one, and even if there is only one residence and workplace, the employee may not have only one path to choose from between the two places, so as long as it is in the reasonable path between the employee's residence and the work unit for commuting, it should be determined as " on the way to and from work".
1. What are the circumstances under which an employee should be recognized as a work-related injury?
1) Being injured in an accident due to work reasons during working hours and in the site of work-source cracking;
2) Being injured in an accident while in the workplace before or after working hours, or engaging in work-related preparatory or finishing work;
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.
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) 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;
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Four conditions must be met for the determination of work-related injuries on the way to and from work: (1) the establishment of an employment relationship between the two parties is a precondition; (2) the injury occurred on a reasonable commute to and from work; (3) The person is not primarily responsible for the determination of the liability accident; (4) The injury is caused by a traffic accident (including motor vehicles and non-motor vehicles) or an accident of urban rail transit, passenger ferry, or train.
[Extended content].
Legal basis: 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 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) 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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The following four conditions need to be met for the determination of work-related injuries on the way to and from work:1Workers or workers on their way to and from work; 2.
There has been a sudden unexpected; 3.As a direct result of the incident, the worker or worker was injured or suffered from illness; 4.This event is directly related to work.
There are four conditions that must be met for the determination of work-related injuries on the way to and from work
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The following four conditions need to be met for the determination of work-related injuries on the way to and from work: 1Workers or workers on their way to and from work; 2.
There has been a sudden unexpected; 3.As a direct result of the incident, the worker or worker was injured or suffered from illness; 4.This event is directly related to work.
If the above four conditions are met, then the worker or employee can apply to the employer for recognition of work-related injury. If it is recognized as a work-related injury, you can get work-related injury insurance compensation and related expenses.
Legal basis: Article 17 of the Regulations on Work-related Injury Insurance stipulates that an accident that occurs on the following occasions due to one of the following reasons shall be regarded as a work-related accident:
1) Injuries or occupational diseases caused by work during working hours and in the workplace; (2) Performing official duties or emergency tasks, participating in professional and technical activities, or activities organized by trade unions, and being injured or suffering from occupational diseases during the course of work; (3) Participating in work-related activities such as public welfare activities, cultural and sports activities, etc., under the arrangement or consent of the work unit, and being injured or suffering from occupational diseases due to work; (4) Injuries or occupational diseases occur on the way to and from work.
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Legal Analysis: 1. The establishment of labor relations by the two hungry wild parties is made;
2. The injury accident occurred on a reasonable commute to and from work;
3. In the determination of the liability accident, it is not the main responsibility of the person;
4. The injury is caused by a traffic accident or an accident in urban rail transit, passenger ferry, or train.
Legal basis: Article 14 of the Regulations on Work-related Injury Insurance.
If an employee has any of the following circumstances, Zheng Hu shall be found to be injured at work:
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 he or she is not primarily responsible;
7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.
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