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This is a legal solution because the factory is not insured, and your father is not insured himself, so this issue does not involve insurance.
The employer needs to be responsible for the employee, and it is not that the employee will not be reimbursed if he is not insured. The role of insurance is only to reduce the pressure on this aspect of the factory. So you still have to negotiate with the factory to deal with it.
Besides, it is best for your father to have a contract with the factory or something, if the factory does not solve the problem or does not have a good attitude, it is recommended that you go to the labor arbitration department to apply for labor arbitration.
Also, depending on your question, you should consult the legal side.
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Take the medical bill and apply for labor arbitration.
1.Evidence that you are working in the factory (meal card, salary card, work permit, work clothes, etc.) is acceptable.
2.Write a labor arbitration application (there is a sample in the library).
3.Print a factory registration form (50 yuan) in the local industry and commerce4Your own ID card and a photocopy.
Go to the local labor bureau and find the labor arbitration board to submit an application for 10 yuan or free of charge.
You can get:1Double wages without a labor contract, 2Insurance costs, 3100% compensation for medicine, mental compensation and other work-related injury subsidies.
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If your father has worked in the factory for three years, whether he has a salary slip (card), work clothes, recruitment registration form, attendance records, etc., or a worker's testimony, one of which can prove the existence of a de facto labor relationship between your father and the factory, can apply for a work-related injury determination. If there is no insurance, the workers' compensation will be fully covered by the factory.
Workers' compensation includes not only medical expenses, but also a one-time disability allowance if the disability level is assessed.
As long as your father is injured during working hours or in the workplace due to work-related reasons, he meets the conditions for work-related injury determination, even if the operation is improper, it does not affect the work-related injury determination.
The statute of limitations for the determination of work-related injuries is one year.
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Your father has formed a de facto employment relationship with the factory, and the factory must fulfill its obligation to purchase work insurance for the job.
So if your father is injured at work, you can go to the factory to claim compensation, which may be fully compensated. However, if it is compensated by work-related injury insurance, only the social security standard will be compensated.
It is best to gather proof that your parents have formed a de facto employment relationship. For example, a record of clocking in and out of the factory every day, or a written certificate from a co-worker that your father worked together in the factory.
If you can't get a claim from the factory, you may file a complaint with the labor bureau. Or go straight to court.
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1. First of all, through various methods, you can prove that your father worked in that unit, and form a de facto contractual relationship.
2. Prove that your father was injured at work and that there was no personal misconduct.
3. Appeal to the local labor arbitration department and ask the factory to compensate for the drug expenses.
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Summary. Hello dear, now for you to answer. The answer is:
Article 30 Employees who are injured in accidents or occupations due to their work shall enjoy medical treatment for work-related injuries. Work-related injuries cannot be covered by medical insurance, and work-related injuries are covered by work-related injury insurance. According to Article 30 of the Social Insurance Law, the following medical expenses are not included in the scope of basic medical insurance**
1) It should be paid out of work-related injury insurance**; (2) It shall be borne by a third party; (3) It shall be borne by public health;
If I was injured in the factory and didn't report the work-related injury, why can't I report the employee medical insurance?
Dear to you bright liquid, now for you to answer. The answer is: Article 30 Employees who are injured in accidents or suffer from occupations due to work shall enjoy the medical treatment of work-related injuries.
Work-related injuries cannot be covered by medical insurance, and work-related injuries are covered by work-related injury insurance. According to Article 30 of the Social Insurance Law, the following medical expenses are not included in the scope of payment of basic medical insurance**: (1) shall be paid from work-related injury insurance**; (2) It shall be borne by the third party and the third party; (3) It shall be borne by public health;
It means that if you don't report a work-related injury, you can't be covered by medical insurance, and all expenses are borne by the individual, right?
Yes, dear.
It's too tricky. No way, that's the rule.
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Who is responsible for the medical expenses that are not reimbursed by the work-related injury insurance? Who bears the medical expenses that are not reimbursed by the work-related injury insurance, and there is no stipulation in the work-related injury insurance who should bear the remaining medical expenses that are not reimbursed. You have to see whether the medical expenses that have not been reimbursed are in the work-related injury insurance diagnosis and treatment items, for example, whether the western medicine is in the work-related injury insurance drug list, and if it is a rock trouble, the part that does not belong to the work-related injury compensation project can only be borne by yourself.
Article 30 of the Regulations on Work-related Injury Insurance stipulates that employees who are injured in accidents or suffer from occupational diseases due to work shall enjoy medical treatment for work-related injuries. Employees who are injured at work shall seek medical treatment in a medical institution that has signed a service agreement, and in case of emergency, they can first go to the nearest medical institution for first aid. **If the expenses required for work-related injuries meet the requirements of work-related injury insurance diagnosis and treatment items, work-related injury insurance drug lists, and work-related injury insurance hospitalization service standards, they shall be paid from work-related injury insurance**.
The catalogue of work-related injury insurance diagnosis and treatment items, the catalogue of work-related injury insurance drugs, and the hospitalization service standards of work-related injury insurance shall be prescribed by the social insurance administrative department in conjunction with the health administrative department, the food and drug supervision and administration department and other departments. The food subsidy for the hospitalization of the employee and the work-related injury, as well as the transportation and accommodation expenses required for the work-related injury employee to seek medical treatment outside the co-ordination area shall be paid from the work-related injury insurance, and the specific type of payment shall be stipulated by the people in the co-ordination area. Injured employees are not entitled to medical treatment for work-related injuries and shall be dealt with in accordance with the basic medical insurance measures.
If the work-related injury employee goes to the medical institution that has signed the service agreement to carry out the work-related injury**, if it meets the requirements, it shall be paid from the work-related injury insurance**. Do you understand this explanation?
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The medical expenses that are not reimbursed in the work-related injury insurance shall be borne by the employer or the employee in accordance with the law. The following expenses incurred due to work-related injuries can be paid from work-related injury insurance** in accordance with national regulations:
1) Medical expenses and expenses for work-related injuries;
2) Hospitalization meal subsidy;
3) Transportation and accommodation expenses for medical treatment outside the overall planning area;
4) The cost of installing and configuring assistive devices for the disabled.
Article 38 of the Social Insurance Law The following expenses incurred due to work-related injuries shall be paid from work-related injury insurance in accordance with national regulations: (1) Medical expenses and expenses for work-related injuries; 2) Hospitalization meal subsidy; 3) Transportation and accommodation expenses for medical treatment outside the overall planning area; (4) The cost of installing and configuring assistive devices for the disabled; (5) For those who are unable to take care of themselves, the living care expenses confirmed by the Labor Ability Appraisal Committee; (6) A one-time disability subsidy and a monthly disability allowance for disabled employees at the first to first level of the skin; (7) A one-time medical subsidy to be enjoyed when the labor contract is terminated or dissolved; (8) In the case of work-related death, the funeral allowance, pension for dependent relatives and work-related death allowance received by the surviving family members; (9) Labor ability appraisal fee.
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