1. Is a fall on the way to work considered a work-related injury?
1. It does not count . According to the provisions of Article 14, Paragraph 6 of the "Regulations on get off work-related Injury Insurance": Only those who are injured by a traffic accident that is not the main responsibility of the individual or an urban rail transit, passenger ferry, or train accident on the way to and from work can be recognized as a work-related injury.
2. According to the provisions of Article 14, Paragraph 6 of the "Regulations on Work-related Injury Insurance": On the way to and from get off work, if you suffer a traffic accident or urban injury that is not your main responsibility, Only injuries caused by rail transit, passenger ferries, and train accidents can be recognized as work-related injuries. Therefore, first of all, there must be a traffic accident certification issued by the traffic control department, and secondly, it must be clearly stated in the certification that it is not the employee's main responsibility, so that it can be recognized as a work-related injury.
3. Falling while avoiding obstacles on the sidewalk on the way to work is neither a traffic accident nor the full or main responsibility of the worker, so it is not a traffic accident. It is a work-related injury. A traffic accident occurs on the way to work and the worker does not bear the main or full responsibility for the accident, which is considered a work-related injury.
4. Legal basis:
Article 14 of the "Work-related Injury Insurance Regulations" Employees have Any of the following circumstances shall be deemed as a work-related injury:
(1) Injury due to work-related accidents during working hours and in the workplace;
(2) Being injured by an accident while engaging in work-related preparatory or finishing work in the workplace before and after working hours;
(3) Suffering from violence or other accidental injuries while performing work duties during working hours and in the workplace;
(4) Suffering from occupational diseases;
(5) While away from home for work, who is injured due to work or whose whereabouts are unknown in an accident;
(6) On the way to and from get off work, he is subject to a traffic accident or urban rail transit that is not his main responsibility. , passenger ferry, train accident injuries;
(7) Other circumstances that should be recognized as work-related injuries according to laws and administrative regulations.
2. It’s okay if you don’t pay work-related injury insurance Work-related injury identification?
1. Work-related injury identification is made by the Labor and Social Security Administration Department, not the Labor Arbitration and Supervision Brigade. Failure to pay social insurance does not affect the identification of work-related injuries and subsequent compensation issues.
2. If the employer fails to submit a work-related injury determination to the labor and social security administrative department within one month, the individual employee injured at work can apply to the labor and social security administrative department. After the work-related injury is determined, a disability level assessment is required, which is the standard for compensation. Finally, a labor dispute involving workers’ compensation can be filed with the labor arbitration department.
A fall on the way to work is not considered a work-related injury. Only those who are injured by traffic accidents or urban rail transit, passenger ferry, or train accidents that are not the main responsibility of the individual during commuting to and from work can be recognized as work-related injuries. The above is the relevant knowledge compiled by the editor for you. If your situation is more complex, the Legal Savior Network also provides online lawyer consultation services. You are welcome to seek legal consultation.
