Sometimes life will encounter some unimaginable accidents, such asI was hit by a dog on the way to get off work, should the company be responsible for it?。
According to Shanhai Video, Judgment Documents Network had previously disclosed a rare but instructive case. At around 18:20 on April 12, 2016, Xia, who was working in Shanghai, was riding a battery car home from get off work when a road suddenly appeared on the road. The collision between the dog and the car caused Xia to be injured, and was diagnosed by the hospital with head trauma, subarachnoid hemorrhage, skull base fracture, and left clavicle fracture.
Passers-by saw this and helped to call the police. The traffic police inspected the scene and made a road traffic accident certificate.It was determined that Xia was not responsible for the accident, and the determination also listed the dog as the party not responsible for the accident。
After the incident, the Bureau of Human Resources and Social Security determined that Xia’s accidental injury was a work-related injury, but his company refused to accept it and filed lawsuits twice. The court held that Xia had collided with a dogIt is a traffic accident and it is legally recognized as a work-related injury。
So under what circumstances does it qualify as a work-related injury? According to Article 14 of the “Regulations on Work-related Injury Insurance”, if an employee has one of the following circumstances, it should be recognized as a work-related injury:
(1) Injured by accidents due to work reasons during working hours and workplaces;
(2) Injured by an accident while engaged in work-related preparatory or finishing work in the workplace before or after working hours;
(3) Accidental injury such as violence due to performance of work duties during working hours and workplaces;
(4) Suffering from occupational diseases;
(5) During the period of going out for work, the whereabouts are unknown due to work-related injuries or accidents;
(6) On the way to and from get off work, he is injured by a traffic accident for which he is not primarily responsible, or an urban rail transit, passenger ferry, or train accident;
(7) Other circumstances that should be identified as work-related injuries as stipulated by laws and administrative regulations.
The case of being hit by a dog and identified as a work-related injury is indeed of reference value. Some netizens also pointed out the key points:Go to the hospital as soon as you get hit, don’t go home first.
