Is it a work-related injury if an employee comes home from work and dies in a car accident?

Whether it is a work-related injury depends mainly on whether the employees are mainly responsible for traffic accidents, and traffic accidents that are not their main responsibilities are work-related injuries; The traffic accident for which I am mainly responsible is not a work-related injury.

Basis: Article 14 of the Regulations on Work-related Injury Insurance "An employee shall be deemed as a work-related injury under any of the following circumstances: (6) He is injured by a traffic accident that is not his primary responsibility or an urban rail transit, passenger ferry or train accident on his way to and from work.

As for the employee who usually lives in the dormitory and goes home on his own after working overtime that night, it should not be regarded as an employee who does not meet the requirements of "on the way to work". It's natural to go home from work. Disputes on the way are common in law, but they are generally supported.

Extended data:

Suggestions on safeguarding rights: When an industrial accident occurs, workers should learn to use legal weapons to safeguard their legitimate rights and interests. For safeguarding rights, some lawyers suggested to judge whether it belongs to the scope of work-related injuries first. After a work-related injury occurs, workers must first judge whether it belongs to the scope of work-related injuries.

Collect evidence and seek evidence to prove the existence of labor relations. Proof of labor relations is a prerequisite for applying for work-related injury identification. Without the materials to prove the labor relationship, the administrative department of labor security can't identify the work-related injury. The evidence that can prove labor relations mainly includes labor contract, work permit, work permit, salary slip, etc.

Clarify the name and address of the work-related injury unit. Without work-related injury insurance, the employer is the undertaker of work-related injury insurance benefits; In the case of participating in work-related injury insurance, generally speaking, the unit should also bear part of the work-related injury insurance benefits.

If you don't know the exact name and address of the employer, you can't determine the object of recourse. In this case, once a work-related injury occurs, the worker cannot claim compensation.

It is very important to know whether the unit has applied for work-related injury identification. The identification of work-related injuries is first and foremost the obligation of employers. If the employer fails to apply for work-related injury identification within the prescribed time limit, the employee and his close relatives may apply within one year after the work-related injury occurs.

It should be noted that there is a clear time limit for applying for work-related injury identification. The overdue administrative department of labor and social security will not accept it, and recourse for work-related injury insurance benefits will not be supported by arbitration and the court. Therefore, for workers, don't trust the false promises of employers, so as not to miss the time limit for applying for work-related injury identification.

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