Urgent! ! ! My mother worked the night shift in Yonghe Soymilk, and had an accident on her way back at three in the morning because of the light. Is it a work injury?

Collect evidence that your mother works in the company and apply for work-related injury identification immediately.

The legal basis of law

Notice of the Ministry of Labor and Social Security on Relevant Matters Concerning the Establishment of Labor Relations

Two, the employer has not signed a labor contract with the employee, in determining the existence of labor relations between the two sides, you can refer to the following documents:

(a) payment vouchers or records (payroll), the payment of various social insurance premiums;

(2) Work Permit, Service Certificate and other documents that can prove the identity issued by the employer to the employee;

(3) Employment records such as Registration Form and Application Form filled out by employees;

(4) attendance records;

(5) Testimonies of other workers, etc.

Among them, the relevant documents in items (1), (3) and (4) shall be borne by the employer.

Regulations on industrial injury insurance

Chapter I General Principles

Chapter II Industrial Injury Insurance Fund

Chapter III Identification of Work-related Injury

Chapter IV Appraisal of Labor Ability

Chapter V Work-related Injury Insurance Benefits

Chapter VI Supervision and Administration

Chapter VII Legal Liability

Chapter VIII Supplementary Provisions

Regulations on industrial injury insurance

(Promulgated by Order No.375 of the State Council of the People's Republic of China on April 27th, 2003, revised according to the Decision of the State Council on Amending the Regulations on Industrial Injury Insurance on February 20th, 20 10).

Chapter I General Principles

Article 1 These Regulations are formulated in order to ensure that employees who suffer from accidents or occupational diseases at work receive medical treatment and economic compensation, promote work-related injury prevention and vocational rehabilitation, and disperse the risk of work-related injuries of employers.

Article 2 Enterprises, institutions, social organizations, private non-enterprise units, foundations, law firms, accounting firms and other organizations in People's Republic of China (PRC) and individual industrial and commercial households with employees (hereinafter referred to as employers) shall participate in work-related injury insurance in accordance with the provisions of these Regulations and pay work-related injury insurance premiums for all employees or employees (hereinafter referred to as employees).

Employees of enterprises, institutions, social organizations, private non-enterprise units, foundations, law firms, accounting firms and other organizations and employees of individual industrial and commercial households in People's Republic of China (PRC) have the right to enjoy treatment of industrial injury insurance in accordance with the provisions of these regulations.

Article 3 The collection and payment of work-related injury insurance premiums shall be carried out in accordance with the provisions of the Interim Regulations on the Collection and Payment of Social Insurance Fees on the collection and payment of basic old-age insurance premiums, basic medical insurance premiums and unemployment insurance premiums.

Article 4 The employing unit shall publicize the relevant information about participating in work-related injury insurance within the unit.

Employers and workers shall abide by the laws and regulations on production safety and occupational disease prevention and control, implement safety and health regulations and standards, prevent work-related accidents, and avoid and reduce occupational hazards.

When an employee suffers from a work-related injury, the employing unit shall take measures to enable the employee to receive timely treatment.

Article 5 The administrative department of social insurance in the State Council shall be in charge of the work of industrial injury insurance nationwide.

The social insurance administrative department of the local people's government at or above the county level shall be responsible for the work-related injury insurance within its administrative area.

The social insurance agency established by the administrative department of social insurance in accordance with the relevant provisions of the State Council (hereinafter referred to as the agency) specifically undertakes work-related injury insurance affairs.

Article 6 When formulating policies and standards for work-related injury insurance, social insurance administrative departments and other departments shall solicit the opinions of trade union organizations and representatives of employers.

Chapter II Industrial Injury Insurance Fund

Article 7 The work-related injury insurance fund consists of the work-related injury insurance premium paid by the employer, the interest of the work-related injury insurance fund and other funds incorporated into the work-related injury insurance fund according to law.

Article 8 The rate of work-related injury insurance shall be determined according to the principle of fixed income by expenditure and balance of payments.

According to the degree of industrial injury risk in different industries, the state determines the differential rates in different industries, and determines a number of rate grades in each industry according to the use of industrial injury insurance premiums and the incidence of industrial injuries. Industry differential rates and intra-industry rates shall be formulated by the administrative department of social insurance of the State Council, and promulgated and implemented after being approved by the State Council.

According to the use of work-related injury insurance premiums and the occurrence of work-related injuries by employers, agencies in various regions shall determine the unit payment rate according to the corresponding rate grades of their respective industries.

Article 9 The administrative department of social insurance in the State Council shall regularly know about the income and expenditure of industrial injury insurance funds in various regions of the country, and put forward a plan to adjust the industry differential rates and intra-industry rates in time, which shall be promulgated and implemented after being approved by the State Council.

Article 10 The employing unit shall pay the work-related injury insurance premium on time. Individual employees do not pay work-related injury insurance premiums.

The amount of work-related injury insurance premium paid by the employer is the product of the total wages of employees multiplied by the unit payment rate.

For industries that have difficulties in paying work-related injury insurance premiums according to the total wages, the specific payment methods of work-related injury insurance premiums shall be stipulated by the administrative department of social insurance of the State Council.

Eleventh industrial injury insurance fund gradually implemented at the provincial level as a whole.

Cross-regional industries with large production mobility can participate in industrial injury insurance in different places in a relatively centralized way. The specific measures shall be formulated by the administrative department of social insurance of the State Council in conjunction with the relevant departments in charge of industry.

Article 12 Work-related injury insurance funds shall be deposited in the financial special account of social security funds to pay for work-related injury insurance benefits, labor ability appraisal, publicity and training on work-related injury prevention and other work-related injury insurance fees as stipulated by laws and regulations.

Specific measures for the proportion, use and management of work-related injury prevention expenses shall be formulated by the administrative department of social insurance of the State Council in conjunction with the departments of finance, health administration and safety production supervision and management of the State Council.

No unit or individual may use the industrial injury insurance fund for investment, operation, construction or decoration of office space, bonus payment or other purposes.

Thirteenth industrial injury insurance fund should keep a certain proportion of reserves for the overall payment of industrial injury insurance benefits for major accidents in the region; If the reserve fund is insufficient to pay, it shall be paid in advance by the people's government of the overall planning area. The specific proportion of the reserve fund to the total fund and the measures for the use of the reserve fund shall be formulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.

Chapter III Identification of Work-related Injury

Fourteenth employees in any of the following circumstances, should be identified as work-related injuries:

(1) Being injured by an accident during working hours and in the workplace;

(two) before and after working hours, in the workplace, engaged in preparatory or finishing work related to the work and was injured by an accident;

(three) during working hours and workplaces, due to the performance of duties by violence and other accidental injuries;

(4) Suffering from occupational diseases;

(five) during the business trip, injured or missing due to work reasons;

(six) on the way to work, I was injured by a traffic accident or an urban rail transit, passenger ferry or train accident for which I was not primarily responsible;

(seven) other circumstances that should be recognized as work-related injuries as stipulated by laws and administrative regulations.

Fifteenth employees in any of the following circumstances, as a work-related injury:

(a) died of sudden illness during working hours and at work, or died within 48 hours after being rescued;

(2) safeguarding national interests and public interests in emergency rescue and disaster relief activities;

(3) An employee who was formerly in the army and was disabled due to war or business has obtained a revolutionary disabled soldier's certificate, and the old injury recurs after going to the employer.

Employees who fall under the circumstances mentioned in Items (1) and (2) of the preceding paragraph shall enjoy the treatment of work-related injury insurance in accordance with the relevant provisions of these Regulations; In case of item (3) of the preceding paragraph, the employees shall enjoy the treatment of work-related injury insurance in addition to the one-time disability allowance in accordance with the relevant provisions of these regulations.

Article 62 If an employer fails to participate in work-related injury insurance in accordance with the provisions of these Regulations, the social insurance administrative department shall order it to participate within a time limit, pay back the work-related injury insurance premium that should be paid, and impose a daily overdue fine of 0.5 ‰ from the date of default; Failing to pay within the time limit, a fine of 1 times shall be imposed.

If an employee of an employer who should participate in work-related injury insurance in accordance with the provisions of these regulations suffers from work-related injuries, the employer shall pay the fees in accordance with the treatment items and standards of work-related injury insurance stipulated in these regulations.

After the employer participates in work-related injury insurance and pays back the work-related injury insurance premium and overdue fine, the work-related injury insurance fund and the employer shall pay new fees in accordance with the provisions of these regulations.