Traditional Culture Encyclopedia - Travel guide - Is an injury during a company-organized trip considered a work-related injury?
Is an injury during a company-organized trip considered a work-related injury?
Injuries during company-organized travel are considered work-related injuries.
If an employee is injured due to activities related to work or assignment by the employer to study or attend meetings while away from work, the social insurance administrative department shall determine it as a work-related injury.
The procedure for identification of work-related injuries includes the following steps:
1. Workers should report work-related injuries to the employer in a timely manner and provide relevant materials such as medical certificates and accident certificates as much as possible;
2. Employers should report work-related injuries in a timely manner and send workers to designated medical institutions for diagnosis and treatment;
3. Medical institutions should diagnose and treat workers and issue relevant certificates and Report;
4. Workers and employers should apply to the local labor and social security administrative department for identification of work-related injuries and submit relevant supporting materials;
5. The labor and social security administrative department should process the application Review and organize experts to conduct appraisal;
6. Based on the review and appraisal results, the labor and social security administrative department shall make a decision on work-related injury identification and notify the applicant and the employer;
7. If there is any objection, the employee or employer can submit a reconsideration or apply for administrative litigation to the labor and social security administrative department.
The conditions for identification of work-related injuries are:
1. Working time: In the workplace before and after working hours, while engaging in work-related preparatory or finishing work and being injured by an accident;< /p>
2. Workplace: Those who are injured due to accidents during working hours and in the workplace;
3. Work-related reasons: refers to injuries or occupational diseases that are caused directly or indirectly by work. Indirectly caused;
4. Intentional crime: refers to the employee's injury caused by intentional criminal behavior;
5. Gross negligence: refers to the employee's subjective gross negligence, and other Negligent behavior has caused serious consequences for employees to be injured or suffer from occupational diseases;
6. Accidents: An employee is injured or suffers from occupational diseases not intentionally by the employee himself, but due to other external reasons.
In summary, work-related injuries are accidental injuries or occupational diseases suffered by workers while engaging in occupational activities or activities related to occupational activities.
Legal basis:
Article 5 of the "Regulations of the Supreme People's Court on Several Issues Concerning the Trial of Administrative Cases of Work-related Injury Insurance"
The social insurance administrative department determines that the following situations are For "period of absence for work", the People's Court shall support:
(1) During the period when the employee is assigned by the employer or is required to engage in activities related to work responsibilities outside the workplace due to work needs;
(2) During the period when the employee is assigned by the employer to study or attend meetings;
(3) During the period when the employee is required to go out for other activities due to work needs.
If an employee is injured due to personal activities that have nothing to do with work or being assigned by the employer to study or attend meetings while away from work, and the social insurance administrative department does not identify it as a work-related injury, the people's court should support it.
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