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If you commute to work normally and are not primarily responsible, it will be considered a work-related injury:
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) 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 15 An employee shall be deemed to have suffered a work-related injury under 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, were disabled due to war or duty injuries, and have obtained the certificate of revolutionary disabled soldiers, and were injured 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.
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Probably counted! Probably not! It depends on the division of responsibilities. Let me show you how Article 14 of Chapter 3 of the Regulations on Work-related Injury Insurance stipulates that Article 14 of the work-related injury determination is:
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) 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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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) Being injured in a motor vehicle accident while commuting to or from work;
7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.
Article 16 In any of the following circumstances, an employee shall not be deemed to have suffered a work-related injury or be treated as a work-related injury:
1) Due to a crime or violation of the administration of public security**;
2) Drunkenness causes **;
3) Self-harm or suicide.
Those who meet the requirements of Article 14 above shall be classified as work-related injuries.
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Legal analysis: An accident on the way to and from work can also be recognized as a work-related injury, and there must be two major limitations: first, a traffic accident; Second, the designator is not primarily responsible.
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) 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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Not necessarily, it depends on the actual situation. According to the sixth paragraph of Article 14 of the Regulations on Work-related Injury Insurance, a person who 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 while commuting to or from work may be deemed to have suffered a work-related injury.
In other words, the following three conditions need to be met at the same time to be considered a work-related injury:
1. On the way to and from work at a reasonable time and on a reasonable route;
2. The injury is caused by "traffic accidents or urban rail transit, passenger ferries, or train accidents";
3. The accident must be "not the main responsibility of the person".
The Provisions of the Supreme People's Court on Several Issues Concerning the Trial of Administrative Cases of Work-related Injury Insurance clarify the circumstances under which the people's court should support the determination of "commuting to and from work":
1. Commuting to and from work on a reasonable route between work and residence, habitual residence, and unit dormitory within a reasonable time.
2. Commuting to and from work on a reasonable route between the place of work and the place of residence of spouse, parents and children within a reasonable time.
3. Engage in activities that are required for daily work and life, and commute to and from work at a reasonable time and reasonable route.
1. How to compensate for traffic accident work-related injuries?
Work-related injuries caused by traffic accidents shall first be handled in accordance with the Road Traffic Safety Law and relevant provisions, and then paid by work-related injury insurance**.
When applying for work-related injury insurance benefits, the road traffic accident liability determination, the road traffic accident compensation mediation letter, the mediation document or judgment of the people's court, and the original hospitalization invoice shall be provided (if it has been paid by commercial insurance, a copy of the original invoice and the payment certificate of commercial insurance shall be provided).
Work-related injuries caused by traffic accidents should be distinguished from the responsibility for traffic accidents, and medical expenses should be paid according to the responsibility.
1. If the other party bears full responsibility for the accident, the medical expenses for the work-related injury shall be borne by the responsible other party;
2. If the other party pays part of the responsibility for the accident, the injured employee can provide a copy of the invoice for medical expenses. The medical expenses for work-related injuries shall be reviewed in accordance with the relevant regulations, and the expenses outside the overall plan and the part borne by the other party and commercial insurance shall be deducted, and the remaining shall be paid by the work-related injury insurance**;
3. If the other party is fully or partially responsible for the accident and is unable to pay, the judgment of the people's court or the certificate of inability of the people's court to repay shall be issued, and the work-related injury insurance** can pay the medical expenses for the work-related injury, and the invoice for the medical expenses shall be the original.
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On the way to work, only those who are injured in a traffic accident for which they are not primarily responsible can be recognized as having suffered a work-related injury within a reasonable time and within a reasonable route. If a worker or employee is injured on the job, all the medical expenses, medicine expenses, hospitalization expenses, meals during hospitalization and travel expenses for medical treatment shall be borne by the enterprise administration.
[Legal basis].Article 14 of the Regulations on Work-related Injury Insurance.
If an employee's hand is torn in 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 preparatory or finishing work related to the completion of 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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During working hours, as long as you take the same route and take the same means of transportation, as long as you are not injured by external forces (traffic accidents), it will be counted as a work-related injury. If it is affected by external forces, such as a traffic lead accident, it will be compensated by the insurance company according to the source wheel traffic accident, and the hail and injury cannot be reported.
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On the way to work, if you are injured, you must make it clear that one is to go to work, on the road, not responsible.
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Legal analysis: If you are injured in a traffic accident or an urban rail transit, passenger ferry, or train accident that is not your main responsibility on the way to and from work, it is a work-related injury, and if you fall and are injured, it is not a work-related injury. Work-related injury refers to the sudden accidental injury of body tissues caused by the direct action of external factors in the process of production and labor bridge, such as ** and its acute chemical poisoning caused by occupational accidents.
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) 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 preparatory or finishing work related to silver elimination 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 their duties and 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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1. If a traffic accident occurred on the way to work, and the person does not bear primary responsibility for the traffic accident, it can be recognized as a work-related injury.
2. 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 14 of the Regulations on Work-related Injury Insurance provides 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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According to paragraph 6 of Article 14 of the Regulations on Work-related Injury Insurance, a person who 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 while commuting to or from work may be deemed to have suffered a work-related injury.
In other words, for an injury sustained on the way to and from work to be recognized as a work-related injury, the following conditions must be met:
1.on the way to and from work;
2.The cause of the injury was a traffic accident;
3.In the determination of responsibility for the traffic accident, the person is not primarily responsible.
Therefore, if the road is slippery on a rainy day and you fall and are injured, although it occurred on the way to and from work, you have not been injured in a traffic accident for which you are not primarily responsible, and you cannot be recognized as a work-related injury.
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Injuries sustained on the way to and from work can be recognized as work-related injuries.
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On the way to and from work, a person who 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 shall be deemed to have suffered a work-related injury. According to the regulations, injuries sustained on a reasonable route are within the scope of work-related injury determination, and the route may be to return to one's own residence, which may be more than one residence, and to and from the residence of spouse, parents, and children, which can also be regarded as a reasonable route. On the way to the old class, you need to go to the vegetable market to buy some vegetables, and then go home, and it is a route to engage in activities that are necessary for daily work and life.
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) Injured in an accident while engaged in work-related preparatory or finishing work in the workplace before or after returning to the workplace; 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 a work-related injury shall be determined.
My husband drives at the construction site and takes a shower at the construction site during the off-duty time, so since it is off-duty time, although it is really at the construction site, it cannot be counted as a work-related injury, and of course the company also has to pay a certain amount of compensation.
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