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Depending on the specific cause, injuries sustained during working hours and in the workplace are considered work-related injuries.
Falling outside the workplace is not a work-related injury.
After evaluation, an application for determination of work-related injury may be submitted.
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It should be considered a work injury! The unit shall apply to the Labor Bureau for a work-related injury determination.
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It cannot be counted as a work-related injury.
A traffic accident that is not the main responsibility of the person on the way to and from work can be regarded as a work-related injury, and the first case said by the landlord is not a traffic accident, and the second is that if he falls and is injured, he is the main responsibility.
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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 An employee who is injured, disabled or dies due to one of the following circumstances shall be deemed to have suffered 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.
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Legal analysis: If you are injured at the place of work during working hours and because of work-related reasons, it is a work-related injury. If the company does not apply for work-related injury recognition, you can apply for work-related injury recognition by yourself.
According to the process, the work-related injury determination is applied for first, and the compensation amount can only be finalized after waiting for the labor ability appraisal level. To apply to the Human Resources and Social Security Bureau for recognition of work-related injury, the company needs to report within one month of the accident, and if the company does not apply, the injured employee or his close relatives shall submit an application for recognition within one year.
Legal basis: 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:
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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It is considered a work-related injury, and it meets the requirements for being injured by an accident while engaged in work-related preparatory or finishing work in the workplace before and after working hours. You can claim general compensation even if it is not a work-related injury. Work-related injuries refer to injuries caused by adverse factors and occupational diseases suffered by workers in the course of occupational activities or activities related to occupational activities.
If an employee is injured in an accident or is diagnosed or appraised as an occupational disease in accordance with the law, the unit to which he or she 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 region. In case of special circumstances, the time limit for application may be appropriately extended with the consent of the social insurance administrative department.
1. What is the reimbursement process for workers' work-related injuries?
Work-related injury compensation must go through three necessary stages: work-related injury identification, labor ability appraisal, and labor arbitration. Many migrant workers do not have labor contracts, work permits and other certificates, and often need to be recognized as labor relations. Work-related injury insurance is an important part of the social insurance system, which refers to a social security system in which the state and society provide necessary medical treatment, living security, economic compensation, medical, social and occupational assistance to workers and their relatives when they suffer accidental injuries and occupational diseases, as well as death caused by these two circumstances, or temporary or permanent loss of working ability.
1. If an employee (including migrant workers) 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 the accident injury or the date of diagnosis or appraisal of an occupational disease, submit an application for work-related injury recognition to the work-related injury recognition agency of the labor and social security administrative department of the coordinating region.
2. If the employer fails to submit an application for recognition of work-related injury within the prescribed time limit, the injured employee or his immediate family members or trade union organization may, within one year from the date of occurrence of the accident injury or the date of diagnosis or appraisal of an occupational disease, directly submit an application for recognition of work-related injury to the labor and social security administrative department of the coordinating area.
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Legal Analysis: Falling at the door of the unit is considered a work injury.
1. According to the regulations, as long as the injury is caused by work reasons at the place of work during working hours, it is a work-related injury;
2. Falling in the unit is considered a work-related injury, and you can apply for recognition of work-related injury and enjoy work-related injury benefits. There are three conditions that need to be met to constitute a rubber injury injury:
1) There is an employment relationship between the employee and the employer;
2) The employee must have personal injury, and the employee's personal injury must occur in the course of performing his or her duties;
3) The accident must be the cause of the damage to the employee; The accident was not caused by the employee's own will.
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 shall be recognized as work-related injuries as provided by laws and administrative regulations prepared by Liangzhou.
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Not really. On the way to and from work, only those who are injured by traffic or accidents for which they are not primarily responsible, or accidents related to urban rail transit, passenger ferries, or trains, are considered work-related injuries. If you fall and do not ambush yourself, you meet the conditions for determining a work-related injury, and it should not be a work-related injury.
Legal basis: 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:
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 the person 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.
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A fall on the way to work is not considered a work-related injury, and the employer does not need to be liable for compensation at this time. On the way to and from work, if you are injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train, you can be recognized as a work-related injury.
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