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There is a possibility that being hit in a factory will be recognized as a work-related injury.
If an employee is injured in the factory, during working hours and in the workplace because of the performance of his duties, it shall be recognized as a work-related injury if it meets the provisions of Article 14 (3) of the Regulations on Work-related Injury Insurance; If you are injured because you are defending the national and public interests, you meet the requirements of Article 15 (2) of the Regulations on Work-related Injury Insurance, and you will be treated as a work-related injury.
If you are injured in other circumstances, it cannot be recognized as a work-related injury or treated as a work-related injury.
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 15 An employee shall be deemed to have suffered a work-related injury under any of the following circumstances:
1) Died of a sudden illness during working hours and at work, or died within 48 hours after rescue efforts failed;
2) Suffering harm in emergency rescue and disaster relief or other activities to preserve national or public interests;
3) Employees who previously served in the army, were disabled due to war or duty injuries, and have obtained the certificate of revolutionary disabled soldiers, and were injured after arriving at the employer.
Where employees have any of the circumstances in items (1) or (2) of the preceding paragraph, they shall enjoy work-related injury insurance benefits in accordance with the relevant provisions of these Regulations; Employees who have the circumstances in item (3) of the preceding paragraph shall enjoy work-related injury insurance benefits other than a one-time disability subsidy in accordance with the relevant provisions of these Regulations.
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Generally speaking, injuries sustained during working hours, work locations, or activities related to the content of the work are work-related injuries, and injuries sustained by a colleague are theoretically not classified as work-related injuries and should be claimed against the injured person. The law stipulates that an employee who returns to the post during working hours and at work, dies of sudden illness or dies within 48 hours after rescue fails; Suffering harm in activities to safeguard national interests or public interests, such as emergency rescue and disaster relief; Hospitalization due to the leakage of toxic and harmful substances in the working environment or acute poisoning caused by eating in the canteen of the employer**, and verified by the health and epidemic prevention department at or above the county level; A person who is assigned by the employer to work in an epidemic area declared by the state and is infected with an epidemic disease shall be regarded as a work-related injury.
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) Being injured in an accident due to work-related reasons during working hours and in the workplace; 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 shall be recognized as work-related injuries as provided by laws and administrative regulations.
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Generally speaking, injuries sustained during working hours, work locations, or activities related to the content of the work are work-related injuries, and injuries sustained by a colleague are theoretically not classified as work-related injuries and should be claimed against the injured person. The law stipulates that an employee dies of sudden illness during working hours and at work, or dies within 48 hours after rescue efforts fail; Suffering harm in activities to safeguard national interests or public interests, such as emergency rescue and disaster relief; Hospitalization due to the presence of toxic and harmful substances in the working environment or acute poisoning caused by eating in the canteen of the employer**, and verified by the health and epidemic prevention department at or above the county level; A person who is assigned by the employer to work in an epidemic area declared by the state and is infected with an epidemic disease shall be regarded as a work-related injury.
Legal basisArticle 40 of the Regulations on Work-related Injury Insurance.
Disability allowances, pensions for dependent relatives, and living care expenses shall be adjusted by the social insurance administrative department of the coordinating area in a timely manner according to changes in the average salary and cost of living of employees. The adjustment measures shall be formulated by the people of provinces, autonomous regions, and municipalities directly under the Central Government.
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Legal analysis: Being injured by a colleague while working in a factory is not considered a work-related injury. This is an injury caused by a personal dispute, not an injury caused by work.
Legal basis: 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 the workplace before or after working hours while engaged in work-related preparatory or finishing work;
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) Excavation and merging during the period of going out for work, and being injured due to work reasons or missing whereabouts in an accident;
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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Analysis of Fafeng's matching law: fighting in the factory is not considered a work injury. As long as the following conditions are met, it is considered a work-related injury
1. Injured during working hours and in the workplace due to work-based reasons; 2. Injured in the workplace before or after working hours because of work-related preparatory or finishing work; 3. During working hours and in the workplace, the injury is caused by the performance of work duties in the early morning; 4. Those with occupational diseases. If an employee is injured in a fight and does not meet the conditions for a work-related injury, the injured employee's medical expenses, lost work losses and other expenses shall be dealt with in accordance with the relevant provisions of civil torts, and even if the perpetrator constitutes a crime, the victim may file a civil lawsuit attached to the criminal case to claim compensation.
Legal basis: Article 36 of the Social Insurance Law of the People's Republic of China If an employee is injured in an accident or suffers from an occupational disease due to work-related reasons, and the work-related injury is recognized, he or she shall enjoy work-related injury insurance benefits; Among them, those who lose their ability to work after the appraisal of their ability to work enjoy disability benefits. The determination of work-related injuries and the evaluation of labor ability shall be simple and convenient.
Article 37: Where an employee is at work due to any of the following circumstances, it is not to be found to be a work-related injury: (1) Intentional crime; (2) Drunkenness or drug abuse; (3) Self-harm or suicide; (4) Other circumstances provided for by laws and administrative regulations.
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Legal Analysis: Yes. If an employee is injured in the line of duty, he or she can enjoy work-related injury insurance benefits. The subsidy shall be applied to the social insurance department according to the level of the appraisal of the working ability. Depending on the level of disability, the level of benefit that can be received is different.
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.
Injured workers who are indebted should 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**.
Article 32 Due to the needs of daily life or employment, an injured worker may be fitted with prostheses, orthoses, artificial eyes, dentures, wheelchairs and other assistive devices upon confirmation by the Labor Ability Appraisal Committee, and the required expenses shall be paid from the work-related injury insurance** in accordance with the standards prescribed by the State.
Article 33 Where an employee is injured in an accident or suffers from an occupational disease at work and needs to suspend work to receive medical treatment for work-related injuries, the original salary and benefits shall remain unchanged during the period of suspension with pay, and shall be paid by the employer on a monthly basis. The period of leave without pay is generally not more than 12 months. If the injury is serious or the circumstances are special, it may be appropriately extended upon confirmation by the labor ability appraisal committee at the districted city level, but the extension shall not exceed 12 months.
After the work-related injury is assessed, the original benefits shall be suspended and the disability benefits shall be enjoyed in accordance with the relevant provisions of this Chapter. If the injured employee still needs to be injured after the expiration of the suspension period, he or she will continue to enjoy the medical treatment of the work-related injury. If an injured employee who is unable to take care of himself needs nursing care during the period of suspension of work with pay, the unit to which he or she belongs shall be responsible.
According to different levels of disability, the items of compensation are different, mainly including: 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. Who should compensate for the above-mentioned items should be handled differently according to the following circumstances: >>>More
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In fact, many children have experienced such as you, in fact, you don't say anything to him, let alone fight him, don't do anything, maybe it seems that you are weak, but you must know that he is unreasonable, and one day when he sees you and does not resist. He doesn't think it's interesting, and it's useless if you reason with him, because the little gangsters don't care what you say, they think they're great at everything; It's a great loss for you to fight them, because even if you have a lot of strength, but once they are beaten by you, they will find a lot of thugs to bully you, and one day they beat you in a small corner, and you will be very hurt. >>>More