Introductory remarks:Normally, traffic accidents that occur during commuting to and from work can only be recognized as work-related injuries.
If an accidental injury occurs on the way to and from work, there is a possibility of work-related injury. According to Article 14 of the Regulations on Work-related Injury Insurance, a person who is injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train for which he or she is not primarily responsible shall be deemed to have suffered a work-related injury while commuting to or from work.
Where there are conditions for recognition of work-related injuries, an application for recognition of work-related injuries shall be made, which is crucial to the protection of employees' rights and interests. For work-related injury compensation, the identification of work-related injury is the first step, followed by the identification of labor ability (work-related death cases can be omitted), and then the calculation and payment of work-related injury benefits.
Determination of work-related injuries
It can be determined by the unit or by the employee himself. If the unit identifies it, it shall submit an application for work-related injury determination to the social insurance administrative department of the coordinating area within 30 days from the date of occurrence of the injury in the car accident. If the employee is determined, he or she shall submit an application for determination of work-related injury to the social insurance administrative department of the co-ordinating area where the employer is located within one year from the date of occurrence of the accident injury.
Labor ability appraisal
If an employee suffers a work-related injury and has a disability that affects his or her ability to work after the injury is relatively stable, an appraisal of his or her ability to work shall be conducted. The appraisal standard of the disability level refers to the "Disability Rating of Work-related Injuries and Occupational Diseases of Employees in the Appraisal of Labor Ability".
Calculation of work-related injury benefits
According to the size of the injury, you can claim for work-related injury medical treatment, food allowance for work-related injury, suspension of work and salary treatment, nursing expenses for the victim, one-time disability subsidy, one-time medical subsidy for work-related injury, one-time disability employment subsidy, disability allowance, installation of disability assistive devices, funeral subsidy, pension for dependent relatives and one-time work-related death subsidy.
The calculation of each item refers to the relevant local regulations on work-related injury insurance, such as the Regulations of Guangdong Province on Work-related Injury Insurance, the Regulations on Work-related Injury Insurance of Jiangsu Province, and the Regulations on Work-related Injury Insurance of Guizhou Province.
Dispute Resolution
The diagnosis of work-related injuries can be resolved through administrative reconsideration or administrative litigation; Compensation disputes with employers can be resolved through labor arbitration or litigation.
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