About labor law work related injuries, ask for expert answers!

According to Article 14 of the Regulations on Work-related Injury Insurance, an employee shall be deemed to have suffered a work-related injury if he or she has any of the following circumstances: (1) 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) Suffering violence or other accidental injuries during working hours and in the workplace as a result of performing work duties; (4) Suffering from an occupational disease; (5) During the period when they are away for work, they are injured due to work reasons or their whereabouts are unknown in an accident; (6) Being injured in a motor vehicle accident while commuting to or from work; (7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.

None of your friend fits into this range, and his injury is entirely his own. You can't claim from the company, your friend can only claim from another person, there is no way. If there is a safety problem with the glass, then you can ask the company to compensate for part of it, but it cannot be regarded as the cause of the work-related injury.

Your friend's condition is not a work-related injury, and the public security department should determine the extent of the person's responsibility, and then share the proportion according to the size of the responsibility. The unit has partial responsibility and bears the responsibility for insufficient management.

According to your description, your friend's situation is not a work-related injury. The cost of your friend's injury should be claimed from the colleague who hit him. Your friend can also go to the relevant department for an injury evaluation, if the injury is minor or above, the other party will also be held criminally responsible.

If the employer does not consider it to be a work-related injury, the employer shall bear the burden of proof. The social insurance administrative department shall, within 60 days from the date of accepting the application for work-related injury determination, make a decision on the determination of work-related injury, and notify the employee or his close relatives and the worker's unit in writing of the application for work-related injury determination.

Article 19 of the Regulations on Work-related Injury Insurance stipulates that after accepting an application for recognition of work-related injury, the social insurance administrative department may, according to the needs of the examination, investigate and verify the accident injury, and the employer, employee, trade union organization, medical institution and relevant departments shall provide assistance. The diagnosis of occupational diseases and the appraisal of diagnostic disputes shall be carried out in accordance with the relevant provisions of the Law on the Prevention and Treatment of Occupational Diseases. The social insurance administrative department will no longer conduct investigation and verification of those who have obtained a certificate of diagnosis of an occupational disease or an appraisal of an occupational disease in accordance with the law.

If the employee or his close relatives believe that it is a work-related injury, but the employer does not consider it to be a work-related injury, the employer shall bear the burden of proof.

Hello, to the problem you described, the lawyer replied as follows:

First of all, apply for a work-related injury appraisal, and after confirming the disability level, it is the basis for confirming the compensation. Refer to Article 18 of the Regulations on Work-related Injury Insurance.

Second, the main scope of claims includes medical treatment for work-related injuries, one-time disability allowance, hospital meal subsidy, assistive devices, original salary and benefits during the medical treatment period, living care expenses, etc.

Third, compensation shall be made with reference to Articles 33, 34, 35, 36, 37, 38, 39 and 40 of the Regulations on Work-related Injury Insurance.

Fourth, if the negotiation fails, bring the relevant materials to the labor inspection department to complain, or directly go to the labor arbitration commission where the unit is located to file labor arbitration. Blessing!

1.It should be judged as a work-related injury, and although Wang drove illegally, he still met the requirements of the work-related injury insurance regulations.

(6) Being injured in a motor vehicle accident while commuting to or from work;

In addition, if there is no fault liability at the time of the work-related injury, the work-related injury should be determined.

2.Pre-job training is based on the existence of an employment relationship, and the existence of an employment relationship should be established between the employer and the employee in accordance with Article 7 of the Labor Contract Law. The employer shall establish a roster of employees for future reference.

to make a judgment. Since 500 yuan is paid per month for living expenses, it can be seen that there is indeed an employment relationship.

3.If the company refuses to admit the existence of the employment relationship, it can provide evidence of the receipt form and training sign-in form of 500 yuan for living expenses.

4.The company's stipulation that training is not considered a formal employment has no legal basis and is therefore invalid.

Supplement: Seeing that the other two believe that the injury caused by illegal driving of a motor vehicle should not be judged as a work-related injury, it is specifically explained here that the work-related injury is determined whether you violate the rules or not, as long as the accident caused by a motor vehicle is definitely considered a work-related injury, for example: Is the hardware factory judged to be a work-related injury due to the illegal operation of the worker's hand is broken?

Or can it only be judged as an accidental injury?

There are indeed many similar cases of this kind, which can only be judged according to traffic laws or industrial accidents, but as far as I have dealt with similar cases, there are still many cases that are judged by industrial accidents. In fact, the key to this case depends on how the Social Security Bureau decides, not that you want to count the work-related injury as a work-related injury!

I think your two questions should be one question. If there is no employment relationship, how can it be recognized as a work-related injury?

In the past 3 months, Wang has been receiving pre-job training, not work. It cannot be regarded as an employment relationship. He had a traffic accident on his way home and should be handled by the traffic police. And he drove a scrapped motor vehicle, at least the main responsibility.

That's what I thought.

1. Work-related injuries cannot be recognized.

Self-driving motor vehicle does not meet the provisions of "(6) Being injured in a motor vehicle accident while commuting to or from work"; In addition, driving a scrapped motor vehicle must be fully responsible for it according to road traffic regulations.

2. Pre-job training is a labor relationship.

Apply for work-related injury recognition first, and the compensation amount can only be finalized after waiting for the appraisal level.

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, 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.

1. According to Article 14 of the Regulations on Work-related Injury Insurance, an employee shall be deemed to have suffered a work-related injury if he or she has 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) Suffering violence or other accidental injuries during working hours and in the workplace as a result of performing work duties;

(4) Suffering from an occupational disease;

(5) During the period when they are away for work, they are injured due to work reasons or their whereabouts are unknown in an accident;

(6) Being injured in a motor vehicle accident while commuting to or from work;

(7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.

Your condition may qualify for a work-related injury;

2. You can ask the employer to apply for a work-related injury determination, if the employer refuses to compensate, the individual applies for a period of one year;

3. After the injury is stabilized, if you are left with a disability, you can apply for a disability evaluation;

4. If it constitutes a disability level, you can enjoy work-related injury insurance benefits in accordance with the law; Your concerns can be resolved in accordance with the law.

5. If the employer refuses to compensate, it may apply for labor arbitration.

7,000 yuan for a grade 3 work-related injury is too little.

1-4 level work-related injury, the unit is to provide for the elderly, do not have to go to work to receive 80% of the monthly salary, and pay a one-time disability allowance for 20 months' salary, and pay all insurance, until retirement, after retirement no longer pay wages and labor insurance, receive a monthly pension.

If there is no such thing as a buyout, the buyout may be a problem of the unit itself and is not in accordance with the provisions of the law. It is recommended that you consult the work-related injury insurance department of the local labor and social security department, free of charge.

According to the Regulations on Work-related Injury Insurance, the one-time disability allowance for Grade 9 work-related injuries is eight months' salary.

According to the Measures for the Implementation of the Regulations on Work-related Injury Insurance of Jiangsu Province, when the labor relationship is terminated, the employer shall pay a one-time medical subsidy for work-related injuries and a one-time employment subsidy for disability. In your case, the average monthly wage of local employees for the previous year is 30 months. Among them, the one-time work-related injury medical subsidy is the average monthly salary of the previous year for 20 months.

The calculation is as follows;

The average life expectancy in the local area is 75 years, so the one-time medical allowance for work-related injuries is (75 -25 ) x x the average monthly salary of local employees in the previous year.

The one-time disability employment subsidy is: 20-30 years old, grade 9, 10 months of the average monthly salary of local employees in the previous year.

【Work-related Injury Level 9】The Regulations on Work-related Injury Insurance stipulate that employees who are identified as Grade 9 disabled due to work-related disability are entitled to the following benefits:

1) A one-time disability allowance from work-related injury insurance** is 8 months' salary;

2) If the labor contract is terminated upon expiration or the employee himself or herself proposes to terminate the labor contract, the employer shall pay a one-time medical subsidy for work-related injuries and a disability employment subsidy in accordance with the standards prescribed by each province, autonomous region or municipality directly under the Central Government.

My salary refers to the average monthly salary of the injured employee in the 12 months before the accident; The salary standard shall not be less than 60 of the average salary of local employees.

Before March 15, 2011, it is sufficient to go to the local human resources and social security department to file a work-related injury determination, but after 15 days, it will not work. From your proposal "The contractor asked for a private matter, how much should I ask him?" According to the Ministry of Labor's "Notice on Several Matters Concerning the Confirmation of Labor Relations", there is no labor relationship between you and the contractor, and the contractor you are talking about is also subcontracted from other large contractors, you have to figure out what the unit with qualifications, legal representatives, tax registration, and business licenses is calledIf the materials are incomplete and you are required to complete the materials, and you cannot provide them, you should first apply for suspension of the application for work-related injury identification, and apply to labor arbitration or the court for confirmation of the labor relationship, and the time for confirming the labor relationship is not counted in the time of work-related injury determination, and then re-apply for work-related injury recognition after the labor relationship is confirmed, if it is not a labor relationship, it is an employer-employee relationship, then you will directly go to the court to sue. Sue the contractor together with the legal employer.

Judging from the condition you said, it seems that there is no external injury, it is a condition inside the brain, the most ideal and safest way is to participate in the work-related injury appraisal, identify the disability level, according to national regulations, you can calculate the amount of compensation yourself, it is best not to be private, you will suffer if you are private, just go through the normal legal procedures. If it is a relationship between an employer and an employee, they will file a lawsuit for compensation for personal injury, participate in a judicial appraisal, and the court will calculate the amount of compensation after the appraisal is obtained. I don't know who paid for the 200,000 yuan medical expenses, if it is from the contractor, you can consider it privately, indicating that the contractor is more benevolent, if the 200,000 yuan is taken by himself, don't ink with him as soon as possible, the application should be applied, and the lawsuit should be sueed.

Apply for work-related injury recognition immediately, and go to the local human resources and social security department for a good consultation, and good luck.

One year of aging, it's okay, there is less than a month left. Hold on.

Paragraph 2 of Article 17 of Chapter 3 of the Regulations on Work-related Injury Insurance stipulates that: "If an employer fails to submit an application for recognition of work-related injury in accordance with the provisions of the preceding paragraph, the injured employee, his close relatives or trade union organization may, within one year from the date of occurrence of the accident injury or the date of diagnosis or appraisal of an occupational disease, directly submit an application for recognition of work-related injury to the social insurance administrative department of the area where the employer is located." ”

Therefore, time is running out, and you need to hurry up and apply. First read the entire content of Chapter 3 of the "Regulations on Work-related Injury Insurance", and then look at the "Regulations on Work-related Injury Insurance" of your province, prepare the relevant materials, and apply for work-related injury recognition as soon as possible.

The maximum period is one year, and it is now possible to apply for recognition.

It stands to reason that if you are injured while playing, it cannot be considered a work injury, but if you are injured while working on a construction site, you can also get away with it!

It is impossible for a construction company not to participate in the insurance, and the law stipulates that the current construction site is not allowed to start construction without participating in work-related injury insurance.

In the case of your boss taking your medical records, ID cards, and invoices, it may be that he has declared a work-related injury to you, because these are all necessary materials for declaring a work-related injury, but your boss has paid for your medical expenses, then your boss is quite kind, and you don't have to fight for any other compensation.

But if your boss asks you to participate in the labor ability appraisal, then you should pay attention, if you have a rating in the labor ability appraisal, the compensation money is for your own, at least level 10 have 6 months of work-related injury insurance salary, at least there must be more than 6000, this money must not let your boss get! If you are not asked to do a labor capacity test, then forget it! (The labor ability appraisal must be done by the injured employee himself).