出交通事故可以认定工伤吗Can a traffic accident be classified as a work injury
工作是指工作期间发生意外造成的伤害或者从事的工作产生的职业病,出现工伤的时候需要对工作进行认定才能获得赔偿。
根据《工伤保险条例》第十四条 职工有下列情形之一的,应当认定为工伤:
(一)在工作时间和工作场所内,因工作原因受到事故伤害的;
(二)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;
(三)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;
(四)患职业病的;
(五)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;
(六)在上下班途中,受到非本人主要责任的交通事故或者城市轨道交通、客运轮渡、火车事故伤害的;
(七) 法律、行政法规规定应当认定为工伤的其他情形。
综合上述规定的情形可以得出结论,在工作场所或者因为工作需要外出而发生的交通事故是能够认定为工伤的;而在上下班期间,只有交通事故不是因为你而导致的才能认定工伤。
Work refers to injuries caused by accidents during work or occupational diseases resulting from work. When work-related injuries occur, it is necessary to identify the work in order to receive compensation.
According to Article 14 of the Regulations on Work Injury Insurance, if an employee falls under any of the following circumstances, it shall be recognized as a work 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) Those who are injured in traffic accidents or urban rail transit, passenger ferry, or train accidents that are not their main responsibility while commuting to and from work;
(7) Other circumstances that should be recognized as work-related injuries according to laws and administrative regulations.
Based on the above regulations, it can be concluded that traffic accidents occurring in the workplace or due to work needs can be recognized as work-related injuries; During commuting, work-related injuries can only be recognized if the traffic accident is not caused by you.