Traffic accident on the way to work, fracture of fracture, second surgery cost, traffic accident has

1.First of all, it is necessary to apply to the local labor department for work-related injury recognition, which is the premise of all problems, without applying for work-related injury identification, it is impossible to obtain compensation through work-related injury, if the employer does not apply, the individual employee must apply within one year from the date of injury;

2.If the injury is determined to be work-related injury, after obtaining the work-related injury determination decision issued by the labor department, the medical expenses shall be paid in full by the employer, and the wages during the period of suspension of work (work-related injury **, **) shall be paid according to the original treatment. If nursing care is required during the suspension period, the unit shall be responsible, and the food allowance during the hospitalization shall be paid according to the standard of the place where the injured employee is located;

3.After the injury is stabilized, you can apply for a labor ability appraisal to identify the level of work-related injury, and then calculate the amount of disability compensation according to the level of disability;

4.If the employer fails to fulfill the above obligations, the injured employee can file a complaint with the local labor inspection brigade or directly go to the labor arbitration commission to apply for arbitration to protect his or her legitimate rights and interests.

1. A traffic accident on the way to work does not necessarily constitute a work-related injury.

2. The circumstances under which a traffic accident occurs on the way to work that constitutes a work-related injury are: being injured in a traffic accident or an accident in urban rail transit, passenger ferry, or train that is not the main responsibility of the person on the way to and from work;

3. If a traffic accident constitutes a work-related injury, the medical expenses for which the traffic accident has been compensated and the work-related injury compensation items are directly duplicated, the work-related injury will not be compensated. Compensation is required for all other compensation items.

Article 6 of the Provisions of the Supreme People's Court on Several Issues Concerning the Trial of Administrative Cases of Work-related Injury Insurance, which came into effect on September 1, 2014, stipulates that the people's court shall support the determination by the social insurance administrative department that the following circumstances are "on the way to and from work":

1) Commuting to and from work by a reasonable route between work and residence, habitual residence, or unit dormitory within a reasonable time;

2) Commuting to and from work within a reasonable time by a reasonable route between the place of work and the place of residence of the spouse, parents, or children;

3) Engage in activities that are necessary for daily work and life, and commute to and from work at a reasonable time and on a reasonable route;

4) Commuting to and from work on other reasonable routes within a reasonable time.

That is: 1. Circumstances that belong to a reasonable time:

There is a time zone for commuting, which may be a little earlier or a little later, such as after getting off work, you have to work a little overtime, or wait until the rush hour is over before going home.

2. The scope of the reasonable route:

On the way to work, you need to go to the vegetable market to buy some vegetables, and then go home, and it is a reasonable route.

Hello, if you are not primarily responsible for a traffic accident, you can apply for a work-related injury determination.

Legal analysis: A fall and fracture on the way to work is not considered a work-related injury. According to the law, a work-related injury is only considered if you are injured in a motor vehicle accident for which you are not primarily responsible while commuting to or from work.

For the injuries caused by accidental falls and fractures, they are within the scope of work-related injury insurance, and they can only use basic medical insurance to reimburse some medical expenses.

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) he or she is injured in an accident due to work-related reasons during working hours and in the workplace; (2) Injured in an accident while engaged in preparatory or finishing work related to the work of the cemetery 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.

Summary. Hello, for your question [the traffic accident is a work-related injury again, the traffic case has been closed, and there is a non-union of bones, and the second operation fee is required, can the work-related injury compensation be paid] This question is answered as follows. If a traffic accident requires a second **, the cost is still included in the compensation.

After the accident, the injured person can not be a one-time **, need a second operation**, then the cost of the second ** can be calculated in the negotiation of compensation, like some implanted steel plates, steel nails, etc. need a second operation to remove the steel plate and steel nails, the cost of the second operation can be asked to the doctor to estimate, and then in the negotiation of the compensation to add the second operation fee.

The traffic accident is another work-related injury, the traffic case has been closed, and now there is osseophyria, and the second operation fee is required, can it be compensated by the work-related injury?

Hello, for your question [the traffic accident is another work-related injury, the traffic case has been closed, and there is a non-union of bones, and the cost of a second operation is required, can it be compensated by the work-related injury] This question makes the following lead sign answer for you. If a traffic accident requires a second **, the cost is still included in the compensation. After an accident, the injured person can not be a one-time **, need a second operation**, then the cost of the second ** can be calculated in the negotiation of compensation, like some implanted steel plates, steel nails, etc.

The traffic case is closed.

Now go to court again.

I was injured at work and had a traffic accident.

The present bone is not united and requires surgery.

Yes, if you need a second surgery, you can apply for compensation, and workers' compensation insurance can pay for it.

If I need to have another surgery, can I be fully reimbursed for medical expenses and work-related injuries?

At that time, the cost of the second operation was not included in the compensation.

Take the steel to let me know that the money traffic has compensated me, but I didn't expect that the bone is not connected, and now the doctor wants me to re-operate and I don't know how to scatter the branches, and I don't know if the work injury can be reported.

Employees who need a second operation after the work-related injury and disability identification can still apply for work-related injury benefit review for reimbursement.

Summary. If the car insurance company pays for the accident fracture surgery, the work-related injury insurance can pay for the re-operation.

If the car insurance company pays for the accident fracture surgery, can the re-operation work-related injury insurance cover it?

If the car insurance company pays for the accident fracture surgery, the work-related injury insurance can pay for the re-operation.

Legal basis: "Regulations of the People's Republic of China 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; (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) Injured in a traffic accident for which they are not primarily responsible, or an accident involving an urban rail transit source, passenger ferry, or train while commuting to or from work; (7) Other circumstances in which laws and administrative regulations provide shall be found to be a stupid burial injury in the section.

Is it a work-related injury caused by a traffic accident?

Summary. The court did not solve the problem or clarify the facts of the case for the first time, that is, the court did not solve the problem for the first time, and then proceeded to the second time to solve the problem. It is normal for the court to have two times in the first instance.

In court proceedings, after the first trial, if the presiding judge believes that the first trial has not been able to fully ascertain the circumstances of the case, or believes that some evidence and facts need to be further verified and investigated, or that new evidence needs to be cross-examined by both parties, etc., he may decide to conduct a second trial, or even a third time, as long as it is within the specified time limit, it is legal.

The traffic accident has been a bone fracture for almost a year, and I have not been able to recover from the loss of work at that time, and now I need surgery ** can be used twice.

Hello, a traffic accident injury requires a second operation after one year, and a lawsuit can be filed, and a one-time lawsuit can be filed after the second operation.

The court fought Li Fang for the second time in the first instance, that is, the first time ** did not solve the problem, disturbed or did not clarify the facts of the case, and then carried out the second time ** in order to solve the problem. It is normal for the court to have two times in the first instance. In court proceedings, after the first trial, if the presiding judge believes that the first trial has not been able to fully investigate the circumstances of the case, or believes that some evidence and facts need to be further verified and investigated, or that new evidence needs to be cross-examined by both parties, etc., he can decide to conduct a second trial, or even a third time, as long as it is within the specified time limit for the trial of empty fibers, it is legal.

At that time, it was paid by the insurance company.

Not necessarily. First, it is a traffic accident, and the parties are mainly responsible in the accident, that is, the liability is determined to be equal responsibility, secondary responsibility or no responsibility; Second, it must be on a reasonable route to and from work.

Legal basis. Article 14 of the Regulations on Work-related Injury Insurance.

If an employee has 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 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. During working hours and in the workplace, due to violence and other accidental injuries 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. On the way to and from work, being injured in a traffic accident for which he or she is not primarily responsible, or an accident involving urban rail transit, passenger ferry, or fire and dead car;

7. Other circumstances that shall be recognized as work-related injuries as provided by laws and administrative regulations.

The Opinions of the Ministry of Human Resources and Social Security on Several Issues Concerning the Implementation of the Regulations on Work-related Injury Insurance (II) (No. 29 of 2016 issued by the Ministry of Human Resources and Social Security) stipulates that a reasonable route between the employee's work unit and his or her place of residence within a reasonable time for the purpose of commuting to and from work shall be deemed to be on the way to and from work.