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Do your own thing on the way to work and have a traffic accident. Is it a work-related injury?
Legal analysis
1. Medical expenses: The medical expenses are determined according to receipts and vouchers such as medical expenses and hospitalization expenses issued by medical institutions, combined with relevant evidence such as medical records and diagnosis certificates. 2. Lost time: The lost time is determined according to the lost time and income of the victim. 3. Nursing expenses: The nursing expenses are determined according to the income of nursing staff, the number of nurses and the nursing period. 4. Transportation expenses: The transportation expenses shall be calculated according to the actual expenses incurred by the victims and their necessary accompanying personnel for medical treatment or transfer to other hospitals. 5. Hospitalization food subsidy: Hospitalization food subsidy can be determined by referring to the standard of food subsidy for ordinary staff of local state organs. 6. Nutrition fee: The nutrition fee is determined according to the disability of the victim and referring to the opinions of medical institutions. 7. Disability compensation: according to the degree or level of disability of the victim, the disability compensation is calculated according to the per capita disposable income of urban residents or the per capita net income of rural residents in the last year where the appeal court is located, and it is calculated as 20 years from the date of disability. However, for those over 60 years of age, the age will be reduced by one year for each additional year; Seventy-five years of age or older, calculated by five years.
legal ground
Article 14 of the Regulations on Work-related Injury Insurance shall be deemed as a work-related injury if an employee has one of the following circumstances: (1) Being injured by an accident during working hours and in the workplace due to work reasons; (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; (six) on the way to work, I was injured by a traffic accident or an urban rail transit, passenger ferry or train accident for which I was not primarily responsible; (seven) other circumstances that should be recognized as work-related injuries as stipulated by laws and administrative regulations.
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