The laws and regulations that identify work-related injuries include: Regulations on Work-related Injury Insurance, etc. Work-related injury identification is a qualitative administrative confirmation by the labor administrative department according to the authorization of law whether the injury (or occupational disease) to employees belongs to work-related injury or is regarded as work-related injury. Qualitative process to identify the behavior of the infringing subject caused by improper operation or other reasons during work or deemed work. According to the relevant regulations of our country, it is generally confirmed by the labor administrative department.
Second, the types of work-related injuries
According to the Regulations on Work-related Injury Insurance implemented in China on June 5438+1 October12004, work-related injuries generally include work-related injuries and occupational diseases, and the following situations should be recognized as work-related injuries: Article 14 of the Regulations on Work-related Injury Insurance stipulates that employees should be recognized as work-related injuries in any of the following circumstances:
(1) Being injured by an accident during working hours and in the workplace. The prerequisite is that "working hours" and "workplace" are two conditions that must be met at the same time, and they must be injured, disabled or killed at work. Accidental injury refers to personal injury, acute poisoning accident and other similar injuries of employees in the process of labor.
(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. "Before and after working hours" refers to non-working hours, specifically a period of time before or after work, such as 9:00- 12 working hours and then 14- 18, but employees go to work at 8: 30 in advance or finish the finishing work at18. It can be considered as "before and after working hours", and its purpose must be to engage in preparation or finishing work, such as preparing to start the machine, or cleaning up the work-related machines and tools after closing the machine.
(three) during working hours and workplaces, due to the performance of duties by violence and other accidental injuries. Working Hours and Workplace must be available at the same time, and they must be performing work. The injuries here are caused by "non-work reasons" and "violence, accidents, etc." From the unit or outside. For example, someone deliberately retaliates against employees while performing their duties, and directly attacks employees, resulting in injuries, disabilities or deaths of employees.
(4) Suffering from occupational diseases. In other words, workers in enterprises, institutions and individual economic organizations are exposed to diseases caused by dust, radioactive substances and other toxic and harmful substances in their professional activities.
(five) during the business trip, work-related injuries or accidents, missing. "Non-working period" includes business trip due to work, temporary business trip due to work, etc. At the same time, the accident must be in the performance of work duties, that is, the accident occurred because of work, injury or missing.
(six) on the way to work, personal injury accidents. "On the way to and from work" refers to personal injury accidents that occur at the necessary time from residence to work area. Personal injury accidents encountered when visiting relatives and friends cannot be identified as work-related injuries. For those injured by motor vehicle accidents, the problem of illegal driving should also be added. Generally, such problems are mostly caused by driving a two-wheeled motorcycle, and those who drive illegally (in driving without a license) cannot be regarded as work-related injuries.
(seven) other circumstances that should be recognized as work-related injuries as stipulated by laws and administrative regulations. This is the law. Due to the complexity and uncertainty of work-related injuries, not only the normative mandatory provisions of special laws and administrative regulations are needed, but also other laws and regulations need to be adjusted accordingly. Other circumstances stipulated by laws and administrative regulations as work-related injuries shall also be included in the scope of work-related injuries adjusted by these regulations.
The Regulations on Work-related Injury Insurance clearly stipulates the standards and conditions for work-related injury identification and compensation for work-related accidents. It should be noted that if the employer has purchased work-related injury insurance for workers, if it does not involve work-related accidents caused by the violation of relevant laws and regulations by workers or employers, the insurance company will generally make compensation, and the specific standards will be determined according to the results of work-related injuries.