工伤认定范围包括哪些What are the scope of work-related injury identification
1、职工有下列情形之一的,应当认定为工伤:
(1)在工作时间和工作场所内,因工作原因受到事故伤害的;
(2)工作时间前后在工作场所内,从事与工作有关的预备性或者收尾性工作受到事故伤害的;
(3)在工作时间和工作场所内,因履行工作职责受到暴力等意外伤害的;
(4)患职业病的;
(5)因工外出期间,由于工作原因受到伤害或者发生事故下落不明的;
(6)在上下班途中,受到机动车事故伤害的;
(7)法律、行政法规规定应当认定为工伤的其他情形。
2、职工有下列情形之一的,视同工伤:
(1)在工作时间和工作岗位,突发疾病死亡或者在48小时之内经抢救无效死亡的;
(2)在抢险救灾等维护国家利益、公共利益活动中受到伤害的;
(3)职工原在军队服役,因战、因公负伤致残,已取得革命伤残军人证,到用人单位后旧伤复发的。
1. If an employee falls under any of the following circumstances, it shall be recognized as a work-related injury:
(1) Injuries caused by accidents during working hours and in the workplace due to work-related reasons;
(2) Engaging in preparatory or finishing work related to work in the workplace before and after working hours and being injured by accidents;
(3) Those who suffer accidental injuries such as violence during working hours and in the workplace due to fulfilling their job responsibilities;
(4) Suffering from occupational diseases;
(5) Those who are injured or have an accident due to work reasons during their absence from work, and their whereabouts are unknown;
(6) Injured by motor vehicle accidents during commuting;
(7) Other circumstances that should be recognized as work-related injuries according to laws and administrative regulations.
2. If an employee falls under any of the following circumstances, it shall be deemed as a work-related injury:
(1) Death due to sudden illness or ineffective rescue within 48 hours during working hours and at work;
(2) Those who have been harmed in activities such as emergency rescue and disaster relief to safeguard national and public interests;
(3) Employees who were originally serving in the military and were injured or disabled due to war or official duties have obtained a revolutionary disability soldier certificate, but their old injuries recur after arriving at the employer.