Question: how to understand "the industrial injury on the way to and from work, is not my main responsibility of traffic accident or the city rail transit, passenger ferry, train accident"

Zhang Hongtao lawyer  Medical dispute and personal injury protection

From the following three aspects of understanding:

One way to work, understanding:

On the way to work includes both normal work time workers commute on the way, including temporary work time, also on the way to work overtime. In addition, the "commute" understanding, should be "reasonable time" and "reasonable route" restrictions, but should not be understood as strictly between the unit and the employee residence two first-line regulations "," industrial injury insurance is the welfare of workers, if the original intention of legislation to limit and the "Regulations" too strict is opposite.

Two, the traffic accident identification:

According to "road traffic safety law":"Traffic accident", refers to the vehicle caused by faults or accidents on road casualties or property loss events. "Vehicle" including motor vehicles and non motor vehicles. The road is refers to the highway, city road and although the unit jurisdiction but allow social vehicles, including squares, public parking lots and other places for public passing. The traffic accident was identified by the traffic control department of the public security organ.

The qualification of the three, not my main responsibility:

According to "road traffic accident handling procedures", the traffic control department of the public security organ shall, according to the acts of the parties to the road traffic accident as well as the role of the severity of the fault, determine the responsibility of the parties: (a) road traffic accidents caused by the fault of one party, bear full responsibility; (two) the road the traffic accident happened because of two or more than two parties fault, according to the seriousness of the behavior of the accident and fault, respectively bear the main responsibility, equal liability and secondary liability; (three) the parties are free to the faults of the road traffic accident, traffic accident belongs to all parties, no responsibility. A party intentionally causing a traffic accident, other non responsibility."
    In addition, vehicle outside the road traffic accident, according to "road traffic safety law", the traffic control department of the public security organ that receives the report shall be handled with reference to the relevant provisions of the law.

In order to solve the cognizance of traffic accident responsibility confirmation process difficult problems in industrial injury, all human resources and Social Security Bureau, Public Security Bureau promulgated the "opinions about worker commuting traffic accident reporting inductrial injury". For example, the provisions of Nantong city:1 workers on their way to work in the traffic accident happened to the timely alarm, the traffic control department of the public security organ shall promptly rushed to the scene after the alarm, conduct an inquest, inspection of the scene of the accident, and traffic accident report within the time specified in the "production".

    2 workers commute traffic accidents at the scene did not alarm, post request processing the traffic administrative department of the public security organ, the traffic administrative department of the public security organ within three days, according to the parties concerned to provide evidence or clues to the case, check the location of the accident, accident road vehicle condition, find and ask the parties and witnesses to the accident. After verification of road traffic accident facts, the traffic control department of the public security organ shall accept the application, notify the parties, and the traffic accident report within the time specified in the "production".

    3 workers took place on their way to work in the traffic accident, the perpetrators escape, escape from traffic accident has not yet been detected, injured workers party requirements issued by the "road traffic accident report", the traffic control department of the public security organ shall make "road traffic accident report" in ten days after receiving the written application, and also served a victim party. After escaping accident investigation, the traffic control department of the public security organ shall timely make accident, and served on the party.

4, workers on their way to work by traffic accident injury requirements to declare the inductrial injury, shall be issued by the traffic administrative department of the public security organ of the non my main responsibility (including myself bear equal responsibility, a secondary responsibility, no responsibility and can not identify the circumstances) affirmation of traffic accident, as work-related injury confirmation basis.