If I get into a car accident while participating in a trip organized by my employer, is it considered a work-related injury?

Legal analysis:

Whether an employee’s injury while participating in a travel activity organized by the employer constitutes a work-related injury should be based on the purpose of the activity, whether the employer encourages participation, whether it bears the expenses, Whether to use working days and other factors should be considered comprehensively. Employers organize travel to enhance team cohesion and mobilize employees' work enthusiasm through collective activities. The purpose is to allow employees to relax physically and mentally, strengthen communication, and then better devote themselves to work. This activity has an obvious collective nature and should be regarded as an extension of the reason for work. Therefore, this kind of travel activity organized by the employer can be regarded as part of the employer's work, and employees who are injured due to work arrangements during travel should be regarded as work-related injuries. Of course, if an employee breaks away from the team during a travel activity organized by the unit and is injured during private activities, it is not considered a work-related injury.

Legal basis: "Regulations on Work-related Injury Insurance"

Article 30: Employees who are injured in accidents or suffer from occupational diseases due to work receive treatment and enjoy medical treatment for work-related injuries. Employees who treat work-related injuries should seek medical treatment at a medical institution that has signed a service agreement. In an emergency, they can go to the nearest medical institution for first aid. If the expenses required to treat work-related injuries comply with the work-related injury insurance diagnosis and treatment item catalog, work-related injury insurance drug list, and work-related injury insurance hospitalization service standards, they shall be paid from the work-related injury insurance fund. The catalog of work-related injury insurance diagnosis and treatment items, the work-related injury insurance drug catalog, and the work-related injury insurance hospitalization service standards shall be stipulated by the social insurance administrative department of the State Council in conjunction with the health administrative department of the State Council, the food and drug regulatory department and other departments. The food subsidy for employees who are hospitalized for treatment of work-related injuries must be certified by the medical institution and approved by the handling agency. The transportation, food and accommodation expenses required for workers injured at work to seek medical treatment outside the coordination area shall be paid from the work-related injury insurance fund. The specific standards for fund payment shall be determined by the coordination agency. Regulations of the regional people's government. Employees injured at work who are treated for diseases not caused by work-related injuries do not enjoy work-related injury medical treatment and are treated according to the basic medical insurance methods. The cost of work-related injury rehabilitation for workers injured at work at a medical institution that has signed a service agreement shall be paid from the work-related injury insurance fund if it meets the regulations.

Article 31: If administrative reconsideration or administrative litigation occurs after the social insurance administrative department makes a decision to identify a work-related injury, the payment of medical expenses for the treatment of work-related injury to the injured employee will not be stopped during the administrative reconsideration and administrative litigation.

1. The criteria for identifying work-related injuries are:

1. Injury due to work-related accidents during working hours and in the workplace;

2. Work-related injuries Those who were injured by accidents while engaged in work-related preparatory or finishing work in the workplace before and after hours;

3. Those who were injured by violence or other accidents due to the performance of work duties during working hours and in the workplace .

2. The compensation standards for work-related injuries are:

1. Compensation is based on the disability level.

The first-level disability subsidy is my salary × 27 months; the second-level subsidy is my salary × 25 months; the third-level subsidy is my salary × 23 months; the fourth-level subsidy is my salary × 21 months, etc. ;

2. Pay living care fees according to the level of self-care impairment, usually 30%, 40% or 50% of the local average monthly salary of employees in the previous year;

3. Funeral The subsidy is paid based on the average six-month salary of local employees in the previous year;