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Determination of whether traffic accidents on the way to work are work-related injuries

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Determination of whether traffic accidents on the way to work are work-related injuries


        

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  • 2024-05-26 07:00:23

    On the way to and from work, traffic accidents occurred at the time and reasonable route specified for normal commuting, including traffic accidents occurred on the way to and from work for overtime or on the way to and from work earlier when the unit agrees to ask for leave.

    Traffic accident injuries can be caused by employees' driving or riding accidents, or by employees' other motor vehicle accidents. If a single car accident occurs on the way to and from work, it should also be considered as a traffic accident.

    The employer shall apply to the labor and social security administrative department for identification of work-related injury within 30 days after the accident; If the employer has not applied for the identification of work-related injury for the employee according to law;

    Employees or their immediate family members and trade union organizations can apply for identification of work-related injuries to the local labor and social security administrative department of the employer within one year from the date of the accident.

    [Legal basis] According to Article 14 of the Regulations on Work related Injury Insurance, if an employee has any of the following circumstances, he/she 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.

    A***

    2024-05-26 07:00:23

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