Since the "work injury insurance regulations" listed the traffic accident injury occurred on the way to and from work as the work injury identification situation, many work injury identification centers received many calls from the masses, asking whether the fall injury on the way to and from work is a work injury or not? Let's get to know.
case analysis
Chen is an employee of a company in Pan'an County. On the morning of October 13 this year, Chen, who went to work by bike, fell down and injured his waist due to slippery road in rainy days. Chen thought that he fell down on the way to work and should be identified as an industrial injury, so he submitted an application to Pan'an industrial injury identification center. Later, Pan'an industrial injury identification center conducted an investigation on the case, and learned that Chen did fall to his waist on the morning of October 13, and that the place where the accident happened was close to the company, but did not reach the company, which was the only way from his residence to the company. Although Chen was injured on his way to work, the accident was Chen's personal responsibility, and he was not injured in a traffic accident not his main responsibility, and I could not provide the accident identification certificate, so the work injury identification center did not recognize the application submitted by Chen.
Legal provisions
The work injury identification center reminded that according to Article 14 of the regulations on work injury insurance, if an employee is injured by a traffic accident or urban rail transit, passenger ferry or train accident that is not his / her main responsibility on his / her way to work, the applicant should provide the traffic accident identification document issued by the public security traffic management department or other relevant departments, and the injured employee should bear the responsibility Only in this way can it be regarded as work-related injury.
At the same time, the provisions of the Supreme People's Court on Several Issues concerning the trial of industrial injury insurance administrative cases, which came into effect on September 1 of this year, clearly defined four kinds of recognition situations that the people's court should support: on the way to and from work:
On the way to and from work and residence, habitual residence and dormitory within a reasonable time;
On a reasonable way to and from the place of work and the place of residence of spouse, parents and children within a reasonable time;
Engage in activities required by daily work and life, and on the way to and from work at a reasonable time and route;
On other reasonable routes to and from work within a reasonable time.