Is it considered a work related injury if you fall on a bicycle on the way to and from work?

Legal analysis: Accidentally falling while riding a bicycle on the way to and from work is not considered a work-related injury. Traffic accidents for which the person is not primarily responsible are considered work-related injuries.

Non-primary responsibility refers to the situation of equal responsibility, secondary responsibility and no responsibility; If you are injured in a traffic accident for which you are primarily and fully responsible, it is not a work-related injury. If an employee commits to and from work and is recognized as a work-related injury, three conditions must be met at the same time, namely, a reasonable time, a reasonable route, and non-personal primary responsibility, all of which are indispensable.

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**.

Legal analysis: China's work-related injury insurance regulations stipulate that whether a fall on a bicycle to work is considered a work-related injury should be based on the actual situation. If the intracerebral hemorrhage is caused by an injury sustained at work during working hours and in the workplace, it is considered a work-related injury.

If a cerebral hemorrhage occurs in the workplace before or after working hours and is engaged in work-related preparatory or finishing work, it is a work-related injury. During working hours and in the workplace, if the brain suffers from a hemorrhage due to the performance of work duties, it is considered a work-related injury. If there is also an occupational disease, it is considered a work-related injury.

Legal basis: Article 14 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) he or she is injured in an accident due to work-related reasons during working hours and in the workplace; 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.

For employees who fall and injure themselves on the way to and from work, it is generally not considered a work-related injury, but if an employee falls and injures himself on the way to and from work, which is not the main responsibility of the employee, such as an accident caused by a road problem, it shall be recognized as a work-related injury.

A bicycle accident can be recognized as a work-related injury. To qualify for a work-related injury, it is necessary to be involved in a car accident for which the person is not primarily responsible while commuting to or from work. If a bicycle is involved in a motor vehicle accident, it is a motor vehicle and a non-motor vehicle accident compensation, and if the non-motor vehicle is not at fault, the motor vehicle party is fully and primarily liable.

Legal basis: Article 14 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) he or she is injured in an accident due to work-related reasons during working hours and in the workplace; 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.

If a traffic accident occurs while returning home from work, the following three conditions must be met to determine the work-related injury: 1. It is on the way to and from work; 2. I bear non-primary responsibility; 3. Injured due to traffic accidents or urban rail transit, passenger ferries, and train accidents. Therefore, if the injury is met by the above three conditions, it can be recognized as a work-related injury, and if it does not meet the requirements, it cannot be recognized as a work-related injury.

A fall is not considered a work-related injury.

An accident on a bicycle on the way to work is not considered a work-related injury.

According to the notice of the Ministry of Labor on the issuance of the "Trial Measures for Work-related Injury Insurance for Employees of Enterprises", Article 8 If an employee is injured, disabled or dies due to one of the following circumstances, it shall be recognized as a work-related injury:

1) Engaged in the daily production or work of the unit, or the work temporarily designated by the responsible person of the unit, and in an emergency, engaging in work directly related to the major interests of the unit, although not designated by the responsible person of the unit;

2) Engaging in scientific experiments, inventions, creations, and technological improvements related to the unit upon arrangement or consent by the responsible person of the unit;

3) Occupational diseases caused by exposure to occupational harmful factors in the production and work environment;

4) In the time and area of production and work, accidental injury caused by unsafe factors, or death due to sudden illness due to work tension or total loss of working ability after the first rescue;

5) Causing personal injury as a result of performing their duties;

6) Engaging in activities to preserve the interests of the state, society, or the public, such as emergency rescue, disaster relief, or rescuing people;

7) Injured after demobilization and transfer to work in an enterprise by a serviceman who has been disabled in the line of duty or war;

8) During the period of going out on business, due to work reasons, the injury or disappearance caused by traffic accidents or other accidents, or the death caused by sudden illness or the total loss of the ability to work after the first rescue**;

9) On the prescribed time and necessary route to and from work, there is a road traffic motor vehicle accident for which there is no personal responsibility or no primary responsibility;

10) Other circumstances provided for by laws and regulations.

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.