Article 14 of the Regulations on Work-related Injury Insurance stipulates that an employee shall be deemed as a work-related injury in any of the following circumstances:
(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.
Construction vehicles assigned by the unit and the staff of the construction team of the project department were injured in traffic accidents when they went out to cut firewood, which belongs to "going out on business" and work-related injuries belong to work-related injuries.
Even if the vehicle is overloaded (with a nuclear load of 5 people, 1 1 person), it will not affect the identification of work-related injuries.
If the unit fails to apply to the relevant departments for work-related injury identification according to law, resulting in the inability to enjoy work-related injury treatment, you can apply to the administrative department of labor and social security where the company is located, and have the right to ask the company to compensate you for all the losses caused by work-related injuries.
Article 17, paragraph 1 of the Regulations on Industrial Injury Insurance stipulates: "If an employee suffers from an accident injury 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." The company has not applied to the administrative department of labor and social security for work-related injury identification for more than 30 days, no matter what the reason, it shows that it is lazy in fulfilling its legal obligations. In this case, you have the right to take the following measures to save yourself:
First, it has the right to directly apply for work-related injury identification in its own name. In order to prevent losses caused to employees due to the employer's failure to perform its obligations, the Regulations on Work-related Injury Insurance clearly stipulates that if the employer fails to apply for work-related injury identification according to the regulations, the injured employees or their immediate family members and trade unions may directly apply to the administrative department of labor and social security in the co-ordination area where the employer is located within 1 year from the date of the accident injury or the date of diagnosis and identification as an occupational disease. Those identified as work-related injuries can enjoy work-related injury treatment according to law.
Second, according to the fourth paragraph of Article 17 of the Regulations on Work-related Injury Insurance, "The employer fails to apply for work-related injury identification within the time limit stipulated in Article 1 of this article, and the relevant expenses such as work-related injury benefits that meet the provisions of this Ordinance shall be borne by the employer during this period", it can apply to the labor dispute arbitration committee for labor arbitration, requiring the employer to compensate for the losses.