律师文集

律师文集

您当前的位置: 首页>>法律文集 Law Works>>劳动工伤 labor injury

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.