Research On Work Injury Recognition System Of Traffic Accidents On The Way To And From Work ——From The Perspective Of Three Cases

The social security system is regarded as the country’s last safety net,which uses the power of the country and society to protect the basic rights of life of members of society,maintain social stability,and promote social progress.As an indispensable part of the social security system,work-related injury insurance provides work-related injury insurance benefits for workers who are identified as work-related injuries,and protects the legitimate labor rights of workers.The importance of work injury identification as a prerequisite for workers to enjoy work injury insurance benefits is self-evident.With the continuous development of China’s transportation system and the rapid increase of road vehicles,the risk of workers suffering from traffic accidents on the way is increasing,and the number of traffic accidents and work injury cases on the way to and from work is also increasing.The cases are complicated,and the work injury identification system for traffic accidents on the way to and from work seems to be inadequate,and the existing problems are becoming more and more prominent.It is more difficult for workers to protect their rights.It is urgent to improve the work injury identification system for traffic accidents on the way to and from work.This article mainly takes three cases of work injury identification in traffic accidents on the way to and from work as an entry point of view,explores the problems in the work injury identification system of traffic accidents on the way to and from work,and proposes corresponding countermeasures,hoping to contribute to the improvement of the work injury identification system in traffic accidents on the way to and from work in China Meager force.This article mainly consists of three parts,the detailed content is as follows:The first part mainly introduces the details of the case and the focus of the dispute.First,explain the basic facts,results and reasons of three traffic accidents and work injury cases on the way to and from get off work.Summarizing the focus of disputes in the case again,the focus of disputes in case one is whether Wang was on his way to and from get off work when he had a traffic accident? The focus of the dispute in the second case was whether Zhang XX was on his way to and from get off work when he had a traffic accident? The focus of the dispute in case three is whether the traffic accident that happened during Wang’s commute to and from get off work is not the main responsibility of the person? Provide direction for legal analysis of subsequent cases.The second part mainly analyzes the jurisprudence of the dispute focus of the case.Legal analysis is divided into two major sections,namely the analysis on the way to and from work and the analysis of the responsibility for traffic accidents on the way to and from get off work.The analysis part on the way to and from get off work mainly focuses on the legislative history of get off work-related injuries on the way to and from work,the necessity of including work-related injuries on the way to and from get off work,the methodology of interpretation on the way to and from work,and the definition of standards on the way to and from get off work.In the part of the analysis of liability identification of traffic accidents on the way to and from get off work,the analysis is mainly conducted from three aspects: the identification elements of the traffic accident liability,the evidence attributes of the traffic accident identification,and the main constitution elements of the non-person’s main liability.Through the above legal analysis,a theoretical foundation has been laid for resolving the focus of disputes in the case.The third part,based on the content of the first and second parts,resolves the focus of the case and draws conclusions and enlightenment of the case study.First,use the analysis content on the way to and from get off work to draw the research conclusions of Case 1 and Case 2.It also uses the content of the responsibility determination of traffic accidents on the way to and from get off work to clarify whether the traffic accidents that occurred during the trip to and from get off work by Wang in the third case are not the main responsibility of the person,so as to draw the research conclusion of the case three.Second,use the case summary to analyze the problems in the work injury recognition system for traffic accidents on the way to and from get off work.By comparing the first case of Wang’s get off work injury on the way to and from work and case two Zhang’s get off work injury on his way to and from work,it was found that they belonged to the same case with different judgments.This was mainly due to the lack of specificity of the definition standards on the way to and from get off work.Through the study of case three,Wang XX was on the way to and from work,and found that the responsibility for the accident on the way to and from get off work is unknown and the work injury lacks detailed regulations.In addition,judging from the legal provisions involved in the three cases,it can be seen that the scope of get off work-related accidents on the way to and from work is relatively limited.The above three shortcomings are the problems that cannot be ignored in the work injury identification system for traffic accidents on the way to and from get off work.Finally,the countermeasures are put forward one by one,namely,clarifying the standards for defining on the way to and from get off work,improving the regulations on unclear responsibility for accidents on the way to and from work,and expanding the scope of accidents on the way to and from get off work.To clearly define the standard level on the way to and from get off work,on the one hand,we must grasp the lenient and strictness of the standard,and on the other hand,limit and quantify a reasonable time interval,refining routine element.At the same time,it also provided a personal opinion on whether the laborers leaving early or arriving late in practice belong to a reasonable commuter time.At the level of improving the regulations on get off work-related accidents with unclear responsibility for accidents on the way to and from work,distinguishing different situations to analyze whether the unclear responsibility for accidents is recognized as a work-related injury problem,and put forward countermeasures on how to optimize investigation and evidence collection,so as to reduce the situation of unclear responsibility for accidents and facilitate the efficient identification of work-related injuries.Work.At the level of expanding the scope of accidents on the way to and from get off work,it is recommended that aircraft accidents on the way to and from get off work,accidents caused by falling objects,violent personal injuries,and accidents caused by animals should be included in the scope of work injury.Statutory circumstances,so as to better protect the legitimate rights and interests of workers.