Home >

Does The Employee Return To Work For A Car Accident?

2010/6/26 18:01:00 38

??? 日本語 Fran?ais English 中文

Pay attention to work-related injuries, not to lose ten thousand.

Experts dispel doubts

The "expert puzzle" column aims to better meet the needs of the majority of human resources workers in handling labor relations properly and reasonably.

You are welcome to send your labor legal or labor dispute cases to hrmanager@vip.chinahr.com in your daily work. We will select typical cases to invite experts to answer questions for you.

readers' letters

Legal experts in human resources HR Manager:

Hello! Recently, I have a retired technician working in the unit. I had a car accident on the way to work. According to the regulations, the unit agreed that he had done two months in his home and paid 80% monthly wages.

When he returned to the unit to leave work, he found the human resources department with the medical expenses bill of the accident, and demanded the unit to reimburse it according to the industrial injury.

Can he get a work-related injury? Does my unit not take part in industrial injury insurance for him? Must he pay for his work injury? (Chen Ning)

Experts dispel doubts

Chen Ning:

Hello, according to the situation of your company, we make the following answer:

First of all, the comrade who returned from your company was injured in a traffic accident on the way to work.

Injury on-the-Job

。

Since the technician has gone through the retirement formalities, he no longer has the main qualification of the laborers who have been adjusted by the labor law. His agreement with the unit is labor service (employment) agreement, not a labor contract, which has labor relations with the unit, rather than labor relations, and is not within the scope of the labor law stipulated in the labor contract law and the industrial injury insurance Ordinance.

If the "reemployment agreement" signed between your unit and the comrade is lawful and effective, the civil legal relationship formed by both sides is the employment relationship, and the objection between the two sides should apply to the civil law.

As to whether the cost of the accident should be reimbursed by the expensive unit, according to the eleventh interpretation of the Supreme People's Court on Several Issues concerning the application of the law in the case of personal injury compensation, the employer shall bear the liability for compensation if he suffers personal injury in his employment activities.

If the third party outside the employment relationship causes personal injury to the employee, the compensation holder may request the third party to bear the liability for compensation or the employer to bear the liability for compensation.

After undertaking the liability of compensation, the employer can recover the claim from the third party. "

Therefore, if the comrade was injured in a traffic accident on his way to work, he should be deemed to have suffered third personal injuries in the employment work. The employer (unit) should bear civil liability for the personal injury suffered by the comrade in engaging in the employment activities.

Expert tips

Influenced by the characteristics of the industry, the requirements for the development of new and high technology industries, and the fierce competition in the market, the employing units usually choose to hire part-time and retirees to engage in such jobs as "more and more valuable", such as product research and development, technical support, consultants, finance and so on, so as to enhance the core competitiveness of enterprises and ensure the rapid development of enterprises.

However, many employers ignore the occurrence of such personnel.

Injury on-the-Job

The legal liability should greatly increase the cost of employment and legal risks.

Therefore, the employing units should actively pay for work-related injury insurance for part-time workers, and pay employer liability insurance or accidental injury insurance for retirees, so as to reduce employer's cost of labor and avoid legal risks.