Takeaway riders who are injured during the delivery of takeaways, since they are injured during the delivery of takeaways, are also injured at work. Of course, it is a work-related injury and should be protected by the Workers' Compensation Insurance Ordinance.

Because of the special nature of the work of the delivery rider, to determine whether the delivery rider was injured because of the work of the accident, should be combined with the actual evidence of the delivery rider, the day of the incident work track and focus on analysis. The characteristics of the Internet delivery catering business, takeaway rider's work time is very flexible, after punching the clock to work, takeaway riders are through their own grab a single get the work task, to the designated place to pick up the food for delivery, the user receives the order items after the delivery task is over, takeaway rider's work place is also at any time to send the location of the location of the different, at any time in the change.

To determine whether the accidental injury suffered by the takeaway rider is due to work-related injuries, and takeaway rider is not clocked in to work, is not to take orders, is not in the process of picking up and delivering the food is closely associated with, if not accepting the delivery task, it can not be determined to be the accidental injuries suffered in the period of time related to the performance of work. So takeout riders should always clock in at work. Make sure you don't ignore this one for anything.

Takeaway riders injured in the process of delivering takeaways, is it considered a work injury with one of the following circumstances, it should be recognized as a work injury:

According to the provisions of Article 14 of the Work Injury Insurance Regulations,

1, work time and workplace, due to work-related accidental injuries;

2, before and after the work time in the workplace, to engage in work-related Preparatory or finishing work in the workplace before or after working hours;

3, accidental injuries caused by violence or other accidents during working hours and in the workplace as a result of the performance of work duties;

4, suffering from an occupational disease;

5, injuries caused by work or accidents occurring during the period of absence from home for work, whereabouts of which are not known;

6, injuries caused by a person who is not personally responsible for the accident or the accident in a city railroad on his/her way to and from work;

7, injuries caused by a person who is not personally responsible for the accident in a traffic accident or a city railroad accident.

Obviously, according to the Work Injury Insurance Regulations, the takeaway rider's traffic accident belongs to the 5th item of the work out of work, because of work-related injuries, and should be recognized as work-related injuries according to the law.

If it is because of traffic accidents, traffic accidents must be reported to the police in a timely manner, so that you can better maintain their own power.

Takeaway riders must also understand that the acceptance of the application for the recognition of work injuries as well as the time

According to Article 17 of the Regulations on Work Injury Insurance, the organization that accepts the application for the recognition of work injuries shall be the insurance administrative department of the co-ordinated area. Matters that should be recognized as work-related injuries by the provincial social insurance administrative department shall be handled by the municipal social insurance administrative department of the district where the employer is located according to the principle of territoriality. If an employee who has not participated in work-related injury insurance is involved in a traffic accident, the social insurance administrative department in the location of the unit shall be responsible for the determination of work-related injuries.

The phenomenon of takeaway riders being called self-employed has sparked heated debate. Research shows that there are now more than 1.9 million individual businesses operating in the country, including takeaway delivery services. There is a big legal risk hidden in this, if the takeaway riders become "at their own risk, self profit and loss" of the individual entrepreneurs, it means that in the legal level of the main qualification of the "laborer" is lost.

It is recommended that takeaway riders pay attention to the following four things.

1, sign a written labor contract, try to avoid the contract appears "outsourcing", "cooperation", "dispatch", "contracting", "labor", "labor", "labor", "labor", "labor", "labor", "labor", "labor" and so on. ", "labor service" and other words.

2, cell phones, distribution tools, etc. It is best to choose the company uniformly equipped, which will help identify the labor relationship.

3, pay attention to the collection and preservation of evidence that can prove the labor relationship.

4, fixed working hours, the system of attendance, management norms, the system of remuneration is to determine the establishment of labor relations have a certain significance.