Inductrial injury is the harm of the undesirable element that suffers when the activity that shows laborer is engaged in professional activity perhaps be being concerned with professional activity and occupational disease harm, generally speaking, the harm that causes in the job only just belongs to inductrial injury, but the harm that causes when the activity that has be concerneded with professional activity belongs to inductrial injury possibly also.
The netizen seeks advice:
During be away on official business, privately drives produce traffic accident to get hurt, calculate do not calculate inductrial injury?
Office of attorney of Zhejiang civilian state does Bai Xuan's lawyer to solve:
During be away on official business, privately drives traffic accident gets hurt, whether inductrial injury, by drive utility is definite. If be of working utility, although privately drives,put in fault, but our country inductrial injury is sure to execute be sure without fault responsibility, accord with " byelaw of inductrial injury insurance " the 14th the 5th regulation, ought to maintain for inductrial injury; Those who be not working utility, not be inductrial injury.
Gan Baixuan's lawyer is analytic:
" byelaw of inductrial injury insurance "
The 14th worker has one of following state, ought to maintain for inductrial injury:
(one) inside working hours and yard place, be harmed because of working reason by the accident;
(2) working hours around is inside yard place, the preliminary sex that is engaged in be being concerned with the job or ending sex job is harmed by the accident;
(3) inside working hours and yard place, because fulfill what working duty is harmed by the accident such as force;
(4) contract occupational disease;
(5) during going out because of labour, because harm or working reason is sent those who give birth to an accident to miss;
(6) in commute in road, be not oneself the traffic accident of main responsibility or accident of ferry of urban orbit traffic, passenger transport, train harms;
(7) regulation of law, administrative regulations ought to hold the other state that is inductrial injury.
Gan Baixuan's lawyer is compensatory:
How is traffic accident inductrial injury compensated for
1, traffic accident compensation already gave paid medical treatment cost, funeral expenses, nurse of salary of cost, deformity appliance cost, delay one's work. Enterprise or orgnaization of agency of inductrial injury insurance pays corresponding salary no longer (the salary of delay one's work that traffic accident compensates for is equivalent to) of inductrial injury allowance. Enterprise or pay for sb and expect to be repaid later of in advance of orgnaization of agency of inductrial injury insurance concerns charge, after worker or its relative obtain traffic accident damage, ought to give repay.
2, the dead compensation that the accident compensates for traffic to pay is expended or deformity extra allowance for living expanses is expended, already by casualties worker or the relative gets, the one-time project with safe inductrial injury is gone grant-in-aid is one-time perhaps disable grant-in-aid sends no longer. But the one-time project that the dead compensation that the accident compensates for traffic to pay is expended or cost of deformity extra allowance for living expanses is sure under inductrial injury is gone grant-in-aid is one-time perhaps disable of grant-in-aid, by the enterprise or orgnaization of agency of inductrial injury insurance is complemental balance part.
3, the worker dies because of traffic accident or cause damage, divide outside concerning pay according to two afore-mentioned processing, treatment of other inductrial injury insurance still can be enjoyed according to the regulation.
4, as a result of traffic cause trouble person escape or other reason, suffer harm worker to cannot obtain traffic accident to compensate for, enterprise or orgnaization of agency of inductrial injury insurance ought to give inductrial injury insurance treatment according to the regulation.
Took an exam through lawyer qualification 1999, it is solicitor of office of attorney of Zhejiang civilian state now.
