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Is a traffic accident on the way to work a work injury

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Is a traffic accident on the way to work a work injury


        

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  • 2024-06-06 05:01:40

    If a traffic accident occurs on the way to work, and the employee does not bear the main responsibility for the accident, it shall be recognized as work-related injury. As for "on the way to and from work", Article 6 of the Provisions of the Supreme People's Court on Several Issues Concerning the Trial of Industrial Injury Insurance Administrative Cases has been further clarified, including:

    (1) On the way to and from the work place and the place of residence, the place of frequent residence and the unit dormitory within a reasonable time;

    (2) On the way to and from the place of work and the place where the spouse, parents and children live within a reasonable time;

    (3) Engaged in activities required by daily work and life, and on the way to and from work at a reasonable time and reasonable route;

    (4) On the way to and from work by other reasonable routes within a reasonable time.

    [Legal Basis]

    Article 14 of the Regulations on Industrial Injury Insurance stipulates that an employee who has one of the following circumstances shall be deemed as an industrial injury:

    (1) Injuries caused by accidents during working hours and in the workplace;

    (2) Those who are injured by accidents while engaged in preparatory or finishing work related to work in the workplace before and after working hours;

    (3) Accidental injuries such as violence during working hours and in the workplace due to the performance of work duties;

    (4) Suffering from occupational diseases;

    (5) Injured due to work or missing due to accident during the period of going out for work;

    (6) On the way to and from work, he is injured by a traffic accident for which he is not primarily responsible or an urban rail transit, passenger ferry or train accident;

    (7) Other circumstances that shall be recognized as work-related injuries according to laws and administrative regulations.

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