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How to determine the responsibility for traffic accidents

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How to determine the responsibility for traffic accidents


        

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  • 2024-07-01 22:00:03

    According to the provisions of Article 14 of the new Regulations on Industrial Injury Insurance, as long as there are two conditions of injury on the way to and from work and motor vehicle accident, it should be recognized as industrial injury.
    At the beginning of 2009, Qin rode her bicycle to work and collided with a car at a T-junction. The traffic accident resulted in a comminuted fracture of her right lower leg. The driver of the accident escaped before the traffic police arrived. Mr. Qin could not see the license plate number of the car, and there was no monitoring probe at the intersection. The traffic management department did not identify the responsibility for the accident. Since the perpetrator cannot be found, Mr. Qin cannot be compensated. Qin's husband was very worried. The next day, he applied to the labor and social security departments for identification of work-related injury, hoping to get compensation from the perspective of work-related injury insurance.
    However, the staff think that it is still impossible to identify Mr. Qin as a work-related injury, because the labor and social security departments cannot identify the work-related injury before the traffic management department has divided the responsibility for the traffic accident and made a letter of responsibility identification for the traffic accident. On the one hand, if the traffic control department can't find the perpetrator, it can't make a traffic accident identification. On the other hand, if the traffic control department doesn't issue a traffic accident responsibility identification letter, the labor and social security department will not make a work injury identification. What should Qin do
    This situation of Qin should be considered as work-related injury, and the practice of the labor and social security departments is wrong. According to the provisions of the Trial Measures for Industrial Injury Insurance for Enterprise Employees before January 1, 2004, the current situation of Qin cannot be identified as industrial injury. However, since the accident in the case occurred at the beginning of this year, the new Regulations on Industrial Injury Insurance has been implemented, while the old Trial Measures for Industrial Injury Insurance of Enterprise Employees has been abolished. According to the provisions of Article 14 of the new Regulations on Industrial Injury Insurance, as long as there are two conditions of injury on the way to and from work and motor vehicle accident, it should be recognized as industrial injury.
    The traffic accident happened in Qin has already met the above two conditions. Even if the main or full responsibility of the accident is identified after the perpetrators are caught in the future, it should also be identified as work-related injury. Therefore, it is wrong for the local labor and social security department to postpone the identification of work injury for Mr. Qin on the ground that the responsibility for the traffic accident was not identified.

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