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Anonymous users2024-02-06Hello, this situation is considered a work injury. It is recommended to apply for a work-related injury determination before you can do a work-related injury identification. The amount of compensation can only be finalized after the appraisal level, and the amount of compensation will vary from place to place for the same level.
If you are not familiar with it, it is advisable to seek the help of a lawyer. Or do it as follows:
1. To apply to the Human Resources and Social Security Bureau for the recognition of work-related injury, the company needs to declare within one month of the accident, if the company does not apply, the injured employee or his close relatives shall apply for recognition within one year. Materials to be submitted: application form for work-related injury determination (**generally ** according to the Human Resources and Social Security Bureau), proof of labor relationship with the employer, medical diagnosis certificate, etc.;
2. If there is a disability that affects the ability to work after the injury is relatively stable, the applicant shall apply for labor ability appraisal and submit an application to the labor ability appraisal committee of the city divided into districts (generally established in the human resources and social security bureau at the same level);
3. According to different disability levels, the compensation obtained is different. The main compensation is: medical expenses, one-time disability allowance, one-time employment allowance, one-time medical allowance, salary during the period of leave of absence, food allowance, nursing expenses, etc.
4. If you do not have a labor contract or other evidence to prove the existence of an employment relationship, and cannot apply for a work-related injury determination, you can first apply for labor arbitration to confirm the existence of an employment relationship between you and the employer. After the existence of an employment relationship is confirmed by labor arbitration, an application for work-related injury determination is made.
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Anonymous users2024-02-051. Count the scope of work-related injuries.
Basis: Regulations on Work-related Injury Insurance
Article 14 An employee shall be deemed to have suffered a work-related injury under any of the following circumstances:
1) Being injured in an accident during working hours and in the workplace due to work-related reasons;
2) Being injured in an accident while engaging in work-related preparatory or finishing work in the workplace before or after working hours;
3) Injured by violence or other accidents during working hours and in the workplace due to the performance of work duties;
4) Suffering from occupational diseases;
5) Injured or unaccounted for in an accident while away for work;
6) Injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train for which they are not primarily responsible;
7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.
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Anonymous users2024-02-04Summary. Hello, an employee falls and breaks a bone when he goes to the toilet at work. If an employee goes to the toilet during working hours, it is a normal and necessary physiological need, and if he is injured as a result, he or she is also injured due to work-related reasons, which meets the provisions of Article 14, Paragraph 1 of the Regulations on Work-related Injury Insurance, and is a work-related injury.
Working on a construction site, is it considered a work-related injury to go to the toilet in the living area during working hours and falling a bone?
Hello, an employee falls and breaks a bone when he goes to the toilet at work. Going to the toilet during working hours is a normal and necessary physiological need, and if an employee is injured as a result, it is also injured due to work-related reasons, which meets the requirements of Article 14 of the "Regulations on Work-related Injury Insurance", and is a work-related injury.
Legal basis: Article 10 of the Regulations on Work-related Injury Insurance Article 4 An employee who has any of the following circumstances shall be deemed to be a worker: (1) During working hours and in the workplace, he or she was injured in an accident due to the cause of work-related injuries; 2) Being injured in an accident while engaging in work-related preparatory or finishing work in the workplace before or after working hours; 3) Injured by violence or other accidents during working hours and in the workplace due to the performance of work duties; 4) Suffering from occupational diseases; (5) Injured due to work-related reasons or whose whereabouts are not clear in the event of an accident while going out for work, (6) Being injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train for which they are not primarily responsible while commuting to or from work; 7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.
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Anonymous users2024-02-03Legal Analysis: The level of disability is determined according to the severity of the disability, and the level of general disability is divided into level 1 to 10 disability. There are two types of compensation standards for grade 10 disability:
If the contract has not expired, a one-time disability allowance will be paid at the rate of one month's salary; If the labor contract expires, or the employee himself or herself proposes to terminate the labor contract, he or she shall enjoy a one-time medical subsidy for work-related injuries of 6 months' salary and a one-time disability employment subsidy of 6 months' salary. The amount of Guang'an grade 10 disability compensation is determined according to the relevant statistical data of the previous year published by the ** statistical department. Therefore, the parties should check the relevant data when calculating the amount of compensation for Guang'an Grade 10 disability, so as to facilitate the determination of the calculation standard of compensation items.
Legal basis: Labor Contract Law of the People's Republic of China
Article 19 Where the term of a labor contract is more than three months but less than one year, the probationary period shall not exceed one month; If the term of the labor contract is more than one year but less than three years, the probationary period shall not exceed two months; The probationary period shall not exceed six months for fixed-term and indefinite-term labor contracts of more than three years.
The same employer and the same employee can only agree on a probationary period once.
Where a labor contract is for the completion of a certain work task or where the term of the labor contract is less than three months, a probationary period must not be stipulated.
The probationary period is included in the term of the employment contract. If the labor contract only stipulates a probationary period, the probationary period shall not be established, and the period shall be the term of the labor contract.
Article 20 The wages of a worker during the probationary period shall not be lower than 80% of the minimum wage of the same position in the employer or the wage agreed in the labor contract, and shall not be lower than the minimum wage standard of the place where the employer is located.
Article 21 During the probationary period, the employer shall not terminate the labor contract except for the circumstances provided for in Article 39 and Paragraphs 1 and 2 of Article 40 of this Law. If the employer terminates the labor contract during the probationary period, it shall explain the reasons to the employee.
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Anonymous users2024-02-02Falling from the toilet during work is a work-related injury, and going to the toilet during working hours is essentially the same as the situation on the way to and from work, except that traffic accidents are more common on the way to and from work, and falling from the toilet during working hours is more special. Therefore, commuting to and from work and going to the toilet constitute the whole of productive work during working hours, work area or simple area, just like engaging in work-related preparatory or finishing work before and after working hours.
China's "Labor Law" stipulates that workers have the right to obtain labor safety and health protection, and going to the toilet is a natural physiological phenomenon of human beings, and any employer or individual shall provide necessary labor health conditions for workers and safeguard the basic rights of workers. Although going to the toilet has nothing to do with the content of the worker's work-comeback work, it is a necessary and reasonable physiological need of human beings, and it is inseparable from the normal work of the worker.
Chapter 3 of the Regulations on Work-related Injury Insurance stipulates the scope of work-related injuries, and any of the following circumstances shall be recognized as work-related injuries or treated as work-related injuries.
1) Being injured in an accident during working hours and in the workplace due to work-related reasons;
2) Being injured in an accident while engaging in work-related preparatory or finishing work in the workplace before or after working hours;
3) Injured by violence or other accidents during working hours and in the workplace due to the performance of work duties;
4) Suffering from occupational diseases;
5) Injured or unaccounted for in an accident while away for work;
6) Injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train for which they are not primarily responsible;
7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.
8) Death from sudden illness during working hours and at work, or death within 48 hours after rescue efforts failed;
2) Harmed in the course of emergency rescue and disaster relief or other activities to preserve the national interest or the public interest.
9) Employees who previously served in the army, were disabled due to injuries sustained in war or in the line of duty, and have obtained a disabled military certificate, and were injured after arriving at the employer.
Article 16 Employees who meet the requirements of Article 14 and Article 15 of these Regulations, but have any of the following circumstances, must not be found to be a work-related injury or treated as a work-related injury: intentional crime; drunk or addicted to drugs; Self-harm or suicide.
Falling on the toilet while at work is considered a work-related injury. The working period is considered to be during working hours and in the workplace, which meets the conditions for recognition as work-related injury or deemed work-related injury under the Regulations on Work-related Injury Insurance. Going to the toilet is a natural physiological phenomenon of human beings, and falling on the toilet during work is a work-related injury during working hours, so it is a work-related injury.
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Anonymous users2024-02-01Hello, dear, I am happy to answer for you: it is considered a work-related injury, but if it is caused by illegal reasons, it shall not be recognized as a lead work-related injury. In 1996, the former Ministry of Labor of China promulgated the Trial Measures for Work-related Injury Insurance for Employees of Enterprises, which clearly stipulates the scope of work-related injuries.
If an employee is injured, disabled, or dies due to any of the following circumstances, it shall be deemed to be a work-related injury, and its scope is as follows: 1Those who are engaged in the daily production or work of the unit or the work designated by the responsible person of the unit when they are in a hurry, and in an emergency, engage in work that is directly related to the major interests of the unit, although they have not been designated by the responsible person of the unit.
2.Upon arrangement or consent of the responsible person of that unit, engaging in scientific experiments, inventions, creations, and technological improvement work related to that unit. 3.
Occupational diseases caused by exposure to occupational harmful factors in the production and working environment. 4.During the production working hours and in the area, accidental injuries caused by unsafe factors, or death due to sudden illness due to work tension or total loss of labor after the first rescue**.
5.Personal injury caused by the performance of duties. 6.
Engaging in rescue, disaster relief, rescue, and other activities to safeguard the interests of the state, society, and the public. 7.Disabled servicemen who have been disabled in the line of duty or because of the war have been injured after recovering from their majors and working in the enterprise.
8.During the period of going out on business, due to work reasons, the person suffers a traffic accident or other accident that causes injury or disappearance, or dies due to a sudden illness or loses labor force after the first rescue**. 9.
An accident occurs during the commute to work on other reasonable routes within a reasonable time is a work-related injury. Dear, I hope my answer will be helpful to you, look forward to it, and finally wish you good health and a happy mood again!
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Anonymous users2024-01-31What is the position of the person? Does it happen during normal working hours? If there is no problem, it can generally be recognized as a work-related injury.
According to the appraisal results, according to the disability level, salary, and local economic level, the compensation is calculated: nursing expenses, lost work expenses, hospital meal subsidies, nutrition expenses, transportation expenses, follow-up expenses, disability compensation, mental injury solace, living expenses for dependents, etc. Of course, you can bring the medical records and other materials, and we will find a cooperative forensic doctor to help you take a look.
Article 14 of the Regulations on Work-related Injury Insurance shall be deemed to be a work-related injury if an employee has any of the following circumstances: (1) he or she is injured in an accident during working hours and in the workplace due to work-related reasons; 2) Being injured in an accident while engaging in work-related preparatory or finishing work in the workplace before or after working hours; 3) Injured by violence or other accidents during working hours and in the workplace due to the performance of work duties; 4) Suffering from occupational diseases; (5) Injured or unaccounted for in an accident during the period when they are out of the field due to work reasons; 6) Injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train for which they are not primarily responsible; 7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.
An employee's injury while at work can be recognized as a work-related injury. >>>More
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Buy it a big cow stick bone or pig stick bone must be hard without cracks, let it bite, because the dog just likes to bite things, the puppy in the process of growth to continue grinding teeth, it is recommended that you make some small toys for it or something, specifically let it play, prepare a small stick rolled with paper, and find that it bites indiscriminately while it does not pay attention to knock it (be sure to insist on it), so that it will feel that biting this thing will be punished for a long time will not bite. Going to the toilet is very simple, you find that it asks and asks in a circle, which means that it is about to poop, quickly hold it to the toilet or a fixed position, and after holding it a few times, the dog will smell its smell and automatically run to a fixed place when you think about poop. And if it is disobedient, you can spray it with a sprayer, the dog is very afraid of this place, if you scare it, it will not dare. >>>More
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