How to deal with work related injuries in criminal cases

1. Submit an application for recognition of work-related injury. 2. Fill in the application form for work-related injury identification. 3. The labor and social security department shall conduct a review and determination.

4. The labor and social security departments make a decision on the determination of work-related injuries. 5. If they are not satisfied with the determination of work-related injuries, they shall file a reconsideration or administrative lawsuit. 6. Apply for labor ability appraisal.

7. Negotiate with the employer on work-related injury compensation matters, and if the negotiation fails, the employer shall apply for labor arbitration in a timely manner. 8. If one of the parties is dissatisfied with the arbitral award, it shall file a lawsuit with the people's court. 9. Those who are dissatisfied with the first-instance judgment shall submit an appeal within 15 days.

The second-instance judgment is final and takes legal effect after it is served.

If it is a criminal case attached to a civil case, and the injured party has no ability to compensate, it may apply for local legal assistance** compensation. However, the employer is responsible for handling work-related injuries.

Count as a work-related injury. Because it happened in the workplace, it was injured because of work. Let the unit compensate, and sue him if you don't give it.

Injuries sustained at work by outsiders are considered work-related injuries.

If the employer pays social insurance premiums for the employee, it shall apply to the labor and social security department for work-related injury benefits for the employee;

If the employer fails to pay social insurance premiums for its employees in accordance with the law, it shall compensate the employees for their losses, including medical expenses, nursing expenses, hospital meal subsidies, transportation expenses, and various expenses that should be compensated to the employees according to the level of disability.

Paragraph 3 of Article 14 of the Regulations on Work-related Injury Insurance stipulates that during working hours and in the workplace, if a person suffers an accidental injury such as violence due to the performance of work duties, it may be recognized as a work-related injury.

If the employer is covered by work-related injury insurance, the medical expenses will be borne by the social security office, but the wages during the work-related injury period will still be paid by the employer as usual.

Legal Analysis: Work-related injuries are civil cases.

Legal basis: Regulations on Work-related Injury Insurance

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 and the work-related injury, as well as the transportation and accommodation expenses required for the injured 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.

Employees injured at work do not enjoy medical treatment for work-related injuries and are handled 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**.

Article 34 Where an injured worker has been assessed for disability and is confirmed by the Labor Ability Appraisal Committee to be in need of daily care, he or she shall be paid a monthly living care allowance from the work-related injury insurance.

The living care expenses are paid according to three different levels: completely unable to take care of themselves, most of them unable to take care of themselves, or part of their lives cannot take care of themselves, and the standards are respectively % or 30% of the average monthly salary of employees in the overall planning area in the previous year.

Legal Analysis: Yes, the dispute over the determination of work-related injuries is a labor dispute, a civil case in a broad sense. For labor disputes, arbitration shall be conducted, and if the arbitration result is not satisfied, a civil lawsuit may be filed. This is what is often said to be "adjudication before adjudication" of labor disputes.

Legal basis: "Regulations on Work-related Injury Insurance" Article 55 In any of the following circumstances, the relevant units or individuals may apply for administrative reconsideration in accordance with the law, and may also file an administrative lawsuit with the people's court in accordance with the law: (1) The employee applying for the determination of work-related injury or his close relatives or the unit to which the employee belongs is dissatisfied with the decision not to accept the application for work-related injury determination; (2) The employee applying for a work-related injury determination, his or her close relatives, or the employee's unit is not satisfied with the work-related injury determination conclusion; (3) The employer is not satisfied with the unit payment rate determined by the handling agency; (4) The medical institution or assistive device allocation institution that signed the service agreement finds that the institution has not performed the relevant agreement or provisions; (5) The injured employee or his close relatives have objections to the work-related injury insurance benefits approved by the handling agency.

In criminal cases, the victim's forgiveness only has an impact on the sentencing of the criminal suspect, and whether compensation is required depends on the victim's request, and if the victim agrees not to pay compensation, then compensation may not be paid. If the victim does not agree, then compensation is required within a reasonable range. In day-to-day cases, it is generally easier to obtain the victim's forgiveness by making positive compensation, so that the suspect can be mitigated from the crime.

Article 280 of the Criminal Procedure Law of the People's Republic of China, Article 290 of the Criminal Procedure Law of the People's Republic of China.

Article 155 of the Supreme People's Court's Interpretation Chain on the Application of the "Criminal Procedure Law of the People's Republic of China" Article 155 When making a judgment in an attached civil lawsuit, the amount of compensation that the defendant shall pay shall be determined on the basis of the material losses caused by the criminal conduct and in consideration of the specific circumstances of the case. Where the criminal conduct causes personal injury to the victim, compensation shall be made for reasonable expenses such as medical expenses, nursing expenses, and transportation expenses, as well as the loss of income due to lost work. where the victim's disability is caused, compensation shall also be made for expenses such as the cost of living aids for the disabled; Where the victim's death is caused, compensation shall also be made for funeral expenses and other expenses.

In criminal cases, it is not necessary that the investigation will be sentenced, and it shall be analyzed on the basis of the specific circumstances of the case. For public prosecution cases, if the procuratorate does not deserve to prosecute Sun Yu during the review and prosecution stage, and the criminal suspect is exempted from criminal punishment, he will not be sentenced; In private prosecution cases, if the private prosecutor and the defendant reach a settlement, the private prosecutor will not be sentenced if he withdraws the prosecution; During the trial phase, if the court finds that the facts of the case are unclear and the evidence is insufficient, it may also render a not-guilty verdict.

Article 16 of the Criminal Procedure Law: In any of the following circumstances, criminal responsibility is not pursued, and where it has already been pursued, the case shall be withdrawn, or not prosecuted, or the trial shall be terminated, or acquitted: (1) The circumstances are obviously minor and the harm is not great, and it is not considered a crime; (2) The statute of limitations for prosecution has already expired; (3) Exemption from criminal punishment by amnesty order; (4) Crimes that were handled in accordance with the Criminal Law, and there is no accusation or withdrawal of the accusation; (5) The criminal suspect or defendant is deceased; (6) Other laws provide for exemption from criminal responsibility.

In this case, not burying the middle brother is a work-related injury, and the offender bears the corresponding liability for damages. 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: 1. Engaged in the daily production or work of the unit or the work temporarily designated by the person in charge of the unit, and in an emergency, although not designated by the person in charge of the unit, is engaged in work that is directly related to the major interests of the unit.

2. Engaged in scientific experiments, inventions, and technological improvements related to the unit with the arrangement or consent of the person in charge of the unit. 3. Occupational diseases caused by exposure to occupational harmful factors in the production and working environment. 4. During the production working hours and 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 from a traffic accident or other accident caused by injury or disappearance, or dies due to sudden illness or loses labor force after the first rescue**. 9. An accident occurs during the commuting to and from work on other reasonable routes within a reasonable time is a work-related injury.

1) Commuting to and from work by a reasonable route between work and residence, habitual residence, or unit dormitory within a reasonable time;

2) Commuting to and from work within a reasonable time by a reasonable route between the place of work and the place of residence of the spouse, parents, or children;

3) Engage in activities that are necessary for daily work and life, and commute to and from work at a reasonable time and on a reasonable route;

4) Commuting to and from work on other reasonable routes within a reasonable time. (Injuries on the way to and from work refer to traffic accidents that occur at a reasonable time and route, and for which the person is not primarily responsible.) 10. Other circumstances stipulated by laws and regulations.

In summary, a criminal case is an act that has constituted a crime, and if an employee is injured, whether during work or outside of work, this situation will generally not be recognized by the work-related injury department, and thus does not fall within the scope of work-related injury, so the determination of work-related injury has a legal basis, so that the corresponding compensation can be obtained.