In August this year, Mr. Zhong fell into a dog on his way to work, resulting in a fracture of the distal left clavicle, a comminuted fracture of the left scapula, and eight rib fractures The judicial identification is grade 9 disability. The owner of the dog has spent nearly 80000 yuan, but has promised to change his mind about the follow-up costs. The application for work-related injury identification has been accepted by the local people’s and Social Security Bureau, but it is stuck in the traffic accident identification.
According to relevant traffic police departments, “the dog has no right of way, is not a legally recognized traffic participant, and cannot be divided into responsibilities for the dog”, so it cannot be identified as a traffic accident. But the traffic accident is the precondition of this work-related injury identification.
So, what are the “commutes”? Is “human dog collision” a traffic accident? What relief measures does Mr. Zhong have in the face of the embarrassing situation?
Zhao Zhanzhan, deputy director of Beijing Zhilin law firm, said:
According to Article 14 of the regulations of the people’s Republic of China on work related injury insurance, if an employee suffers a traffic accident that is not his / her main responsibility on the way to work, he / she shall be deemed as work-related injury.
Among them, “on the way to and from work” refers to a reasonable time and a reasonable way to and from work. Article 6 of the provisions of the Supreme People’s Court on Several Issues concerning the trial of industrial injury insurance administrative cases, “on the way to and from work” specifically includes four situations, for example, on the way to and from work within a reasonable time on a reasonable route between the workplace and the place of residence and the dormitory of the unit; on the way to and from work within a reasonable time on a reasonable route between the workplace and the place of residence of the spouse, parents and children To engage in activities that are necessary for daily work and life, and on the way to and from work with reasonable time and reasonable routes, the most common is to buy vegetables on the way to and from work.
The identification of “non personal main responsibility” accident shall be based on the relevant legal documents issued by the traffic management, transportation, railway and other departments or judicial organs of the public security organ, and certainly not limited to the identification of traffic accident responsibility made by the traffic police. According to Article 119 of the road traffic safety law of the people’s Republic of China, a traffic accident refers to an event of personal injury or property loss caused by a fault or accident of a vehicle on the road. The vehicles here include motor vehicles and non motor vehicles. As for the causes of traffic accidents, they may be caused by the fault of traffic participants or by accident.
In this case, the dog is not a traffic participant, and there is no right of way, but the owner of the dog is not well tied and kept. When the owner of the dog is walking around the road, he is already a traffic participant, and the dog is only a means of causing other people to be hurt. Therefore, in this case, there is not only one traffic participant, but two, including the victim and the owner of the dog. In addition, even if the owner of the dog is not a traffic participant, the appearance and injury of the dog is also an accident, which can also constitute a traffic accident.
Finally, if you are not satisfied with the determination of traffic accident liability, you can apply to the superior public security organ for review. If you are still not satisfied with the result, you can bring a civil lawsuit to the court. The people’s court can determine according to the facts found out. If you believe that the victim does not bear the main responsibility, the victim can apply for the determination of work injury according to the judgment.