Discussion questions on the determination of work-related accidents [Daily Question 090308]

According to the regulations on work-related injury management, an employee shall be recognized as having a work-related injury under any of the following circumstances: (1) Suffering an accident injury due to work reasons during working hours and in the workplace； (II) Suffering an accident injury while carrying out preparatory or concluding work related to the job inside the workplace before or after working hours ； (III) Suffering accidental injuries such as assaults while performing job duties during working hours and in the workplace ； (IV) Those suffering from occupational diseases ； (5) Injured due to work reasons or missing in an accident while on a business trip ； (6) Injured in a motor vehicle accident on the way to or from work ； (7) Other circumstances stipulated by laws and administrative regulations to be recognized as work-related injuries. Ling is a driver (for motor vehicles) at a certain company; he was injured in a traffic accident while transporting goods for the company last July. It should be considered an injury resulting from work, so it should be recognized as a work-related injury. Work-related injuries have nothing to do with liability in traffic accidents; as long as the conditions for recognizing a work-related injury are met, that’s sufficient. He should file a complaint with the court against the traffic police department.

Injured in an accident while carrying out preparatory or concluding work related to the job at the workplace before or after working hours； Injured due to work reasons or missing in an accident while on a business trip ； Judging from these two points, it’s definitely thio; moreover, if he hadn’t been delivering goods for the company, he wouldn’t have gotten injured, so it should be considered a work-related injury

In accordance with Article 14 of the Regulations on Work-related Injury Insurance regarding the determination of work-related injuries, an employee who suffers an accident injury due to work reasons while at work and in the workplace, or who is injured due to work reasons or goes missing in an accident while on a business trip, shall be recognized as having a work-related injury. Ling’s delivery work for the company constituted going out on business; he suffered an injury at work due to work-related reasons, and it should be recognized as a work-related injury according to the law, regardless of whether he violated the Road Traffic Safety Law or not. If the company fails to file a claim for work-related injury on its behalf, the individual can, in accordance with the regulations, file such a claim with the labor security administration department within 1 year of the accident occurring.

First of all, it should be noted that work-related injury determination and traffic liability are not the same concept; traffic police can only determine the responsibility for an accident, but they do not have the authority to decide whether it constitutes a work-related injury. Even if Ling is fully responsible for this accident, it does not prevent him from filing a claim for work-related injury.

If an injury occurs due to work reasons, it should be recognized as a work-related injury. It is possible to voluntarily file a claim for work-related injury with the labor security administrative department within 1 year from the date of the accident, as stipulated.

It should be recognized as a work-related injury, as it meets the criteria for such recognition. As mentioned above: work-related injury determination and traffic liability are not the same concept; they are two separate things. The employer is responsible for determining work-related injuries, while the traffic management department is responsible for determining liability; there is no causal relationship between the two. If the employer refuses to file a declaration, it shall bear the burden of proof. If the employer refuses to provide evidence, the labor security administrative department may, based on the evidence provided by the injured employee, render a decision regarding the recognition of the work-related injury in accordance with the law. Mr. Ling should seek to protect his legitimate rights by filing an application for work-related injury recognition through the labor security administrative department.

Work-related injuries have nothing to do with liability in traffic accidents; as long as the conditions for recognizing a work-related injury are met, that’s sufficient. He should file a complaint with the court against the traffic police department. Besides, work-related injuries shouldn’t be determined by traffic police; it should be determined by the employer.

It should be noted that employees in any of the following situations shall not be recognized as having suffered an industrial injury or shall not be treated as having such an injury: (1) Those who suffer injuries or deaths as a result of crimes or violations of public order regulations； 　　(II) Injuries or deaths caused by intoxication ； 　　(III) Those who self-harm or commit suicide. As mentioned earlier, according to the regulations on work-related injury recognition, his case falls within the scope of work-related injuries and is not excluded from that category; therefore, it is determined to be a work-related injury.

It should be considered a work-related injury; indeed, the determination of a work-related injury is not the same as determining traffic liability

It should be recognized as a work-related injury, as it meets the criteria for such recognition. As mentioned above: work-related injury determination and traffic liability are not the same concept; they are two separate things. The employer is responsible for determining work-related injuries, while the traffic management department is responsible for determining liability; there is no causal relationship between the two. If the employer refuses to file a declaration, it shall bear the burden of proof. If the employer refuses to provide evidence, the labor security administrative department may, based on the evidence provided by the injured employee, render a decision regarding the recognition of the work-related injury in accordance with the law. Mr. Ling should seek to protect his legitimate rights by filing an application for work-related injury recognition through the labor security administrative department.

Any accident that occurs at the workplace can be classified as a work-related injury, regardless of whether the person responsible for the accident violated regulations. The answer on the 2nd floor is very comprehensive.

It should be considered a work-related injury; work-related injury recognition is not the same as traffic liability, right?

It can be determined as a work-related injury; the reasons given on the second floor are already quite clear. Ling can then turn to the arbitration authority; if he is not satisfied with the arbitration decision, he can also file a lawsuit in court.

It should be recognized as a work-related injury; the legal basis has been clearly explained on the second floor. In this case, the most crucial criterion for making such a determination is that Ling was transporting goods for the company, and it doesn’t matter what extent of responsibility he had in the traffic accident, of course. Mr. Ling can protect his legitimate rights by filing an application for work-related injury recognition through the labor security administrative department.

It is considered an industrial injury. In accordance with Article 14 of the Regulations on Work-related Injury Insurance, an injury sustained by an employee during working hours and at the workplace as a result of work-related reasons, or an injury suffered by an employee while on a business trip due to work-related reasons or if the employee goes missing in an accident, shall be recognized as an industrial injury. Ling’s delivery work for the company constituted going out on business duties; he suffered an injury at work due to work-related reasons, and such injury should be recognized as a work-related injury in accordance with the law. Violations of the Road Traffic Safety Law do not fall within the category of situations where an injury cannot be recognized as work-related. An injury shall not be recognized as a work-related injury or treated as one only if the employee falls under one of the following circumstances: (1) Injury or death resulting from a crime or violation of public order regulations ； (II) Injuries or deaths caused by intoxication ； (III) Those who self-harm or commit suicide. Therefore, it should be recognized as a work-related injury. If the company fails to file a claim for it, Mr. Ling can, in accordance with the regulations, file a claim with the labor security authorities on his own within 1 year of the accident occurring.

It’s definitely a work-related injury; Yang Ling can seek arbitration through the labor arbitration authorities or have a court render a judgment

Ling should seek to protect his legitimate rights by filing an application for work-related injury recognition through the labor security administrative department； If obstacles arise during the determination process, labor arbitration should be pursued first; if that fails, legal proceedings shall be taken.

1. It should be recognized as a work-related injury. The criteria for determining a work-related injury are: working hours, the workplace, and performing job-related duties. 2. The degree of responsibility determined by the traffic police or who is at fault cannot be used as a basis for determining whether an injury is work-related; it can only indicate the responsibilities that the individual should bear or the penalties they may face. Unless it can be proven that the individual committed a criminal offense in this accident, then it can be shown that they failed to fulfill their job duties. Of course, this is something that falls under the jurisdiction of criminal investigators and court decisions. 3. The individual can request the company to re-evaluate the situation or file a complaint with the labor arbitration authority.

It is considered a work-related injury; he was injured while working for the company, and this has nothing to do with who is at fault for the accident. Work-related injuries generally refer to physical injuries sustained as a result of accidents that occur during working hours and at the workplace due to work-related reasons. Work-related injuries include those caused by motor vehicle accidents on the routes taken to and from work during commuting hours.