Is a fall on a bicycle to work considered a work injury?

Updated on society 2024-08-03
7 answers
  1. Anonymous users2024-02-15

    Legal analysis: If an employee is injured in a traffic accident or urban rail transit, passenger ferry, or accident on the way to and from work for which he or she is not primarily responsible, it is a work-related injury. If an employee falls down on a bicycle while commuting to and from work, he or she should protect the scene as soon as possible, call the police to deal with it at the same time, and ask the traffic police department to issue a certificate of accident identification, which can be used as a valid evidence for the above reasons that are not the main reasons of the employee.

    Legal basis: Article 8 of the Trial Measures for Work-related Injury Insurance for Employees of Enterprises shall be deemed to be a work-related injury if an employee "has a road traffic motor vehicle accident for which he or she is not responsible or is not primarily responsible for himself or herself on the specified time and route to and from work".

    Article 19 If an employee or his or her immediate family member considers that it is a work-related injury, but the employer does not consider it to be a work-related injury, the employer shall bear the burden of proof.

  2. Anonymous users2024-02-14

    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) 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.

  3. Anonymous users2024-02-13

    Summary. If it is caused by oneself, it is not considered a work-related injury.

    Is it considered a work injury if I fell on my bicycle while I was at work?

    Hello, I'm happy to answer your questions. Dear I am a special guest lawyer in May. Your questions I'll come to you!! Pro: This needs to be judged by friends and friends. Is the distance you walk a lot of way? If so, it can be classified as a work injury!!

    It's the way I commute to and from work every day.

    It was a fall on my own bike, not a traffic accident.

    And then is it caused by natural causes or is it caused by someone else?

    Naturally, they fell.

    If it is caused by oneself, it is not considered a work-related injury.

    Rainy day. It's the same on a rainy day. This is not a work-related injury caused by yourself.

    Falling while riding a bicycle during work cannot be recognized as a work-related injury?

    Determination of work-related injury, you can only determine work-related injury if you are often walking in a car accident or a pedestrian scraping.

    This is not a work-related injury determination. The first one is not caused by the environment. It's your fault.

  4. Anonymous users2024-02-12

    Legal analysis: If you fall on an electric vehicle on the way to work, if it constitutes a work-related injury, you need to meet: 1. It must be within a reasonable route to work; 2. It must be injured in a traffic accident or urban rail transit, passenger ferry, or train accident; 3. It must be the main reason for the non-employee himself.

    An employee falls on an electric vehicle on the way to and from work, as long as the posture meets the above three points, then even if the employee falls due to a unilateral accident, it can also be recognized as a work-related injury.

    Legal basis: Article 14 of the Regulations of the People's Republic of China 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 due to work-related reasons during the time of work 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 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.

  5. Anonymous users2024-02-11

    If the injury is caused by work-related reasons, it is a work-related injury, and you can apply to the Labor Bureau for a work-related injury determination. If it is injured by a fall on the way up and down the foundation excavation class, it is not considered a work-related injury.

    Legal basis] Article 14 of the Regulations on Work-related Injury Insurance, if an employee has one 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) 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.

  6. Anonymous users2024-02-10

    Article 14 of the Regulations of the People's Republic of China on Work-related Injury Insurance stipulates that "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) 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 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 15 also stipulates: "If an employee has any of the following circumstances, it shall be regarded as a work-related injury:

    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. ”

    According to your statement, your situation is similar to that of section 14(6), but you were not injured in a motor vehicle accident. Therefore, there is no specific rule on whether your injury should be recognized as a work-related injury.

  7. Anonymous users2024-02-09

    Yes, but to prove that it is indeed on the way to work, the route must also be clear.

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If you are riding a bicycle and then accidentally fall, this is not a traffic accident in law, it can only be regarded as an accident, and if you buy insurance, you can charge for it.