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Your uncle's bus driver, that is, a contract worker of the bus company, during the contract period, whether he encounters an accident at work or off work, is within the scope of work-related injuries, and can apply for work-related injury claims with the company, and if the company does not handle it properly, he can protect his rights and interests through legal channels.
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If an employee has a motor vehicle traffic accident that is not his main cause on the way to and from work, it is regarded as a work-related injury and can be declared, but this is obviously not the case for your uncle.
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According to Article 14 of the Regulations on Work-related Injury Insurance, if an employee is injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train for which he or she is not primarily responsible while commuting to or from work, it shall be deemed to be a work-related injury. There are two points to note here, one is that the injury must occur "on the way to and from work", that is, on the way from the employee's place of residence to the workplace, both during the employee's normal working hours and on the way to and from work overtime. The second must be injured in a traffic accident for which the person is not primarily responsible.
As long as these two conditions are met, it should be recognized as a work-related injury.
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On the way to and from work, it should be said that you can ask the bus company to start the work-related injury claim procedure, and generally pay the five-risk insurance unit, as long as you cooperate with the work-related injury evidence and hospitalization information, if the disability is caused, there is a grade appraisal to do.
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If there is a collision on the way to and from work at the specified time and on the designated road section, you can report a work injury!
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This can be applied for by the employer to report the work-related injury.
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The Ministry of Justice has a legal aid centre to guide and coordinate the development of legal aid. If a person wants to seek legal help due to a work-related injury, he or she can seek legal help at the legal aid center of the local judicial bureau.
Legal 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.
Article 30 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 for the work-related injury, as well as the transportation, accommodation 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 standard of payment shall be stipulated by the people of 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**.
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Legal analysis: According to the relevant laws and regulations of the People's Republic of China on Legal Aid, citizens who do not have a client due to financial difficulties and request social insurance benefits or minimum living security benefits may apply for legal aid from legal aid institutions, so they can apply for legal aid for work-related injuries.
Legal basis: Article 10 of the "Regulations of the People's Republic of China on Legal Aid" Citizens may apply to legal aid institutions for the following matters that require ** and do not have a ** person due to financial difficulties: Sen Xun.
1) Requesting state compensation in accordance with law;
2) Requests for social insurance benefits or minimum livelihood security benefits;
3) Requests for the payment of bereavement pensions or relief funds;
4) Requests for alimony, child support, or alimony;
5) Requesting payment of labor remuneration as soon as possible;
6) Asserting the civil rights and interests of Lu Chunyingsheng as a result of acts of righteousness and courage.
The people** of provinces, autonomous regions, and directly governed municipalities may make supplementary provisions on legal aid matters other than those provided for in the preceding paragraph.
Citizens may apply to legal aid institutions for legal consultation on matters provided for in paragraphs 1 and 2 of this article.
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According to the actual situation, if the employee has practical difficulties, he or she can apply for legal assistance. Legal aid refers to a legal disability system in which lawyers from the legal aid organization set up by the government provide legal assistance to people with financial difficulties or special cases free of charge. Special cases refer to cases in which the defendant in a criminal case is blind, deaf, mute, or a minor who has not retained a defender, or who may be sentenced to death without a defender, shall receive legal assistance from the People's Republic of China in accordance with Article 34 of the Criminal Procedure Law of the People's Republic of China.
According to Articles 10 and 11 of the Regulations of the People's Republic of China and the People's Republic of China on Legal Assistance, if a public servant has any of the following matters and has not retained a representative or defender, he or she may apply for legal assistance or have a defense appointed by the People's Court of the People's Republic of China
1. Requesting compensation from the state in accordance with the law.
2. Requests for social insurance benefits or minimum subsistence insurance disability benefits.
3. Requests for payment of pensions and relief funds.
4. Requests for alimony, child support, or alimony.
5. Requests for payment of labor remuneration.
6. Asserting civil rights and interests arising from acts of righteousness and courage.
7. Personal injury compensation cases caused by medical treatment, traffic accidents, and work-related injuries.
8. Cases in which the victim requests divorce and personal injury compensation due to domestic violence, abuse, bigamy, etc.
9. The criminal suspect has not hired a lawyer due to financial difficulties after being questioned for the first time by the investigation machine or since the date on which compulsory measures are taken.
10. Victims and their legally-designated agents or close relatives in a public litigation case have not retained a litigation agent due to financial hardship since the date on which the case was transferred for trial for investigation and prosecution.
11. The private prosecutor and his legal representative in a private prosecution case have not retained a litigation agent due to financial difficulties since the date on which the case was accepted by the civil law court.
12. In a case where the public prosecutor appears in court to file a public lawsuit, and the defendant has not retained a defender due to financial difficulties or other reasons, and the civil law court appoints a defense for the defendant, the legal aid organization shall provide legal assistance.
13. Where the defendant is blind, deaf, mute, or a minor and has not retained a defender, or where the defendant may be sentenced to death but has not retained a defender, and the People's Court of Civil Justice appoints a defense for the defendant, the legal aid organization shall provide legal assistance, and there is no need to conduct an examination of the defendant's financial status.
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The rural land contracting and management right certificate is a legal document that the state confirms in accordance with law that the contracting party enjoys the right to contract and operate the land after the rural land contracting contract takes effect. Certificates such as land contracting and management rights certificates or forest rights certificates shall include all family members who have land contracting and management rights. The registration agency shall not charge other fees except for the cost of the certificate in accordance with the regulations.
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You can apply for help at the legal aid center of your local judicial office, where the assigned lawyer does not charge a fee.
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The identification of work-related injuries needs to be based on the employment relationship, and you must first determine the employment relationship between the father and the construction site. As far as I know, the workers all work with the contractor, who is generally entrusted by the construction contractor, and generally does not buy insurance or sign a labor contract, so there is no way to solve it in many cases. At this time, you can collect the testimony of the workers working on the construction site and other proof of labor relationship, and then go to the local labor and social security department to apply for a work-related injury appraisal.
If none of the above works, there is another channel for appraisal agencies in the society, which can assess the disability and then apply for civil compensation.
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Require the employer to conduct a work-related injury appraisal. The time limit for an individual's application for recognition of work-related injury rejected by the employer is one year from the date of occurrence of the accident injury. Claim compensation based on the results of the work-related injury appraisal.
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Hello, is there a way to solve this, do you need to consult?
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The circumstances are very minor, and there is no need to take the initiative to explain, and making a fuss is only a violation of the Public Security Administration Punishment Law. Leave him alone, pretending not to know about it.