Please note: (6) Those injured by motor vehicle accidents on the way to and from work;
Reference:
Chapter III Identification of Work-related Injury
Fourteenth employees in any of the following circumstances, should be identified as work-related injuries:
(1) Being injured by an accident during working hours and in the workplace;
(two) before and after working hours, in the workplace, engaged in preparatory or finishing work related to the work and was injured by an accident;
(three) during working hours and workplaces, due to the performance of duties by violence and other accidental injuries;
(4) Suffering from occupational diseases;
(five) during the business trip, injured or missing due to work reasons;
(6) Being injured by a motor vehicle accident on the way to work;
(seven) other circumstances that should be recognized as work-related injuries as stipulated by laws and administrative regulations.
Fifteenth employees in any of the following circumstances, as a work-related injury:
(a) died of sudden illness during working hours and at work, or died within 48 hours after being rescued;
(2) safeguarding national interests and public interests in emergency rescue and disaster relief activities;
(3) An employee who was formerly in the army and was disabled due to war or business has obtained a revolutionary disabled soldier's certificate, and the old injury recurs after going to the employer.
Employees who fall under the circumstances mentioned in Items (1) and (2) of the preceding paragraph shall enjoy the treatment of work-related injury insurance in accordance with the relevant provisions of these Regulations; In case of item (3) of the preceding paragraph, the employees shall enjoy the treatment of work-related injury insurance in addition to the one-time disability allowance in accordance with the relevant provisions of these regulations.
Sixteenth employees in any of the following circumstances, shall not be identified as work-related injuries or as work-related injuries:
(a) casualties caused by crime or violation of public security management;
(2) Drunkenness causes casualties;
(3) Self-mutilation or suicide.
Article 17 If an employee is injured by an accident or is diagnosed and identified as an occupational disease according to the provisions of the Law on the Prevention and Control of Occupational Diseases, the unit to which he belongs shall, within 30 days from the date of the accident injury or the date of diagnosis and identification as an occupational disease, apply to the administrative department of labor and social security in the overall planning area for work-related injury identification. Under special circumstances, with the consent of the administrative department of labor and social security, the application time limit may be appropriately extended.
If the employing unit fails to apply for work-related injury identification in accordance with the provisions of the preceding paragraph, the employees with work-related injuries or their immediate family members and trade unions may apply for work-related injury identification directly to the administrative department of labor and social security in the area where the employing unit is located within 1 year from the date of accident injury or occupational disease diagnosis and identification.
In accordance with the provisions of the first paragraph of this article, matters that should be identified by the provincial administrative department of labor security shall be handled by the municipal administrative department of labor security where the employer is located in accordance with the principle of territoriality.
If the employer fails to file an application for work-related injury identification within the time limit specified in the first paragraph of this article, the employer shall bear the relevant expenses such as work-related injury treatment in accordance with the provisions of these regulations during this period.
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