Migrant workers, work related injury compensation issues, migrant workers are subject to work relate

1. If the boss does not compensate, you can apply for labor arbitration.

2. Claims for suspected work-related injuries can be handled according to the following procedures:

1) First of all, you should apply to the local "Human Resources and Social Security Bureau" for work-related injury recognition. The application time is: if an employee is injured in an accident or is diagnosed or appraised as an occupational disease in accordance with the provisions of the Law on the Prevention and Treatment of Occupational Diseases, the employer shall work within 30 days from the date of the accident injury or the date of diagnosis or appraisal of the occupational disease; If the employer fails to submit an application for recognition of work-related injury in accordance with the above-mentioned provisions, the injured employee or his close relatives may also apply within one year from the date of occurrence of the accident injury or the date of diagnosis or appraisal of an occupational disease.

When applying, the following materials need to be submitted: application form for work-related injury determination, proof of the existence of labor relationship (including de facto labor relationship) with the employer, medical diagnosis certificate or occupational disease diagnosis certificate.

2) Secondly, if the employee has a disability that affects his or her ability to work after his or her injury is relatively stable, he or she shall apply for an appraisal of his or her ability to work. Appraisal Agency: Apply to the "Labor Ability Appraisal Committee of the City Divided into Districts", which is established in the Human Resources and Social Security Bureau at the same level.

Generally, the appraisal conclusion will be issued within 60 days (after one year from the date of the conclusion, if the employee believes that the disability has changed, he or she can apply for a review and appraisal of his or her working ability).

3) Finally, the employee shall determine the compensation item and the amount of compensation according to the appraisal conclusion made by the Labor Ability Appraisal Committee. The main compensation items are: medical expenses, wages for the period of leave of absence, one-time disability allowance, one-time medical allowance, one-time employment allowance, disability allowance, nursing expenses, food allowance, etc.

It is recommended to entrust a lawyer to collect evidence to apply for a determination of the de facto labor relationship first, and then apply for a determination of work-related injury and disability after the determination; If the de facto employment relationship cannot be established, a personal injury compensation lawsuit can be filed directly with the construction company.

In the case of work-related injury, work-related injury compensation can be claimed, and since the sixth-grade work-related injury has been compensated accordingly, then it can also claim compensation for moral damages, and other compensation is not supported at present. As for the lawyer's fees, there is a suspicion of violations.

I am a furniture carpenter, with a monthly salary of about 3,000, and I was injured during working hours. The ring finger can't be disconnected and started, and how much compensation can I get if I am private like me''''

Apply for work-related injury identification and labor ability appraisal, claim work-related injury insurance benefits according to the appraisal conclusion, and apply for labor dispute arbitration in the event of a dispute with the employer.

The determination of work-related injury is an administrative confirmation by the social insurance administrative department in accordance with the authorization of the law whether an employee's injury (or occupational disease) due to an accident is a work-related injury or is regarded as a work-related injury, and is a prerequisite for an employee to enjoy work-related injury insurance benefits after suffering an accident injury and to obtain relief through legal means in the event of a dispute.

Labor ability appraisal is the basis and prerequisite for the labor appraisal agency to comprehensively assess the degree of disability and loss of working ability of the injured employee according to the national appraisal standards and the methods and means of relevant policies and medical science and technology after the worker is injured due to work.

If a worker is injured in a work-related accident, he or she shall first apply to the human resources and social security bureau of the work-related injury insurance co-ordination area of the employer, and the employer shall apply within 30 days of the accident, and the labor union, the injured employee and his close relatives may submit an application for recognition within one year. The following materials shall be submitted to apply for a determination of work-related injury:

1. Application Form for Identification of Work-related Injury;

2. Proof of the existence of labor relationship with the employer;

3. Medical diagnosis certificate, etc.

If there is a disability that affects the ability to work after the work-related injury is determined and the injury is relatively stable, an application shall be submitted 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). To apply for labor ability appraisal, you should fill in the "Application Form for Labor Ability Appraisal" and submit:

1. The original and photocopy of the Decision on Determination of Work-related Injury;

2. Valid diagnosis certificates, examination and inspection reports and other complete medical record materials copied or reproduced in accordance with the relevant regulations of medical record management of medical institutions;

3. The original and photocopy of the worker's resident ID card or social security card and other valid identity certificates;

4. Other materials specified by the Labor Ability Appraisal Committee.

According to the appraisal conclusion, the work-related injury insurance benefits were asserted. Depending on the level of disability, the compensation received 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, hospital meal allowance, nursing expenses, disability allowance, etc.

In the event of a dispute with the employer over work-related injury insurance benefits, it is a labor dispute, and the employer shall apply to the labor dispute arbitration commission at the place where the employer is located or where the labor contract is performed for labor dispute arbitration. After the arbitral award, the award takes legal effect, and the employer fails to perform its obligations under the award and applies to the people's court for enforcement.

If the employee does not have a labor contract and the employer does not sign and seal the work-related injury determination, the labor relationship cannot be confirmed, and the work-related injury determination cannot be applied, the employee may first apply for labor arbitration to confirm the existence of an employment relationship between the employee and the employer. After the existence of an employment relationship is confirmed by labor arbitration, an application for work-related injury determination is made.

Legal analysis: According to the regulations on work-related injury insurance, it is necessary to apply for work-related injury recognition first, and the compensation amount can only be finalized after waiting for the labor ability appraisal level.

1. To apply to the Human Resources and Social Security Bureau for recognition of work-related injury, the company needs to report within one month of the accident, and 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;

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. The compensation standards are as follows:

1. Medical expenses. Compensation will be made based on the actual expenses incurred.

2. Hospitalization meal subsidy. The standards shall be prescribed by the people of each work-related injury insurance co-ordination area.

3. **** fee. **The expenses required for work-related injuries are in line with the work-related injury insurance diagnosis and treatment items catalog, work-related injury insurance drug catalog, and work-related injury insurance hospitalization service standards.

4. Assistive device fee. Quota standards for work-related injury assistive devices in all provinces and municipalities directly under the Central Government.

5. Suspension of work and retained wages. The original salary and benefits remain unchanged and are paid by the unit on a monthly basis.

6. Nursing fees. For those who need nursing care after being assessed as disabled, and are completely unable to take care of themselves, 50% of the average monthly salary of employees in the previous year shall be used as a whole; Most of them are unable to take care of themselves, and 40% of the average monthly salary of employees in the previous year will be planned; Some of them are unable to take care of themselves, and 30% of the average monthly salary of employees in the previous year will be coordinated.

Legal basis: Article 32 of the Regulations on Work-related Injury Insurance Article 32 If an injured employee has been assessed for disability and is confirmed by the Labor Ability Appraisal Committee to be in need of life care, he or she shall pay a monthly living care fee from the work-related injury insurance**. The living care expenses are paid according to three different levels: being completely unable to take care of themselves, most of them cannot take care of themselves, or they are unable to 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: After a migrant worker is injured in an accident, the employer shall promptly send the injured person to a designated medical institution for treatment of work-related injury insurance, and file the case with the labor and social security administrative department and the handling agency within 24 hours. Within 30 days from the date of the accident or the date of diagnosis of an occupational disease, the unit to which the migrant worker belongs shall submit an application for recognition of work-related injury to the administrative department of labor and social security of the city or county.

If the employer fails to submit an application for recognition of work-related injury in accordance with the regulations, the injured employee or his relatives may directly apply to the administrative department for work-related injury determination within one year. Legal basis: Measures for the Determination of Work-related Injuries Article 4 If an employee is injured in an accident or is diagnosed or appraised as an occupational disease in accordance with the provisions of the Law on the Prevention and Control of Occupational Diseases, the unit to which he or she belongs shall, within 30 days from the date of occurrence of the injury or the date of diagnosis or appraisal of an occupational disease, submit an application for recognition of work-related injury to the social insurance administrative department of the coordinating region.

In case of special circumstances, the time limit for application may be appropriately extended with the consent of the social insurance administrative department. Where an application for determination of work-related injury shall be submitted to the provincial-level social insurance administrative department in accordance with the provisions of the preceding paragraph, it shall be submitted to the social insurance administrative department of the districted city level where the employer is located in accordance with the principle of territoriality.

Migrant workers who are injured at work can receive the following compensation in accordance with the law: **Wages and benefits during the work-related injury; A one-time disability employment subsidy and a one-time medical subsidy that shall be enjoyed when the labor contract is terminated or dissolved; For those who are unable to take care of themselves, the living care expenses confirmed by the Labor Ability Appraisal Committee; Transportation, accommodation and transportation expenses for medical treatment outside the co-ordination area; Medical expenses and expenses for work-related injuries; Other.

Article 6 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases: Medical expenses are to be determined on the basis of receipts issued by medical establishments, such as medical and hospitalization fees, combined with relevant evidence such as medical records and diagnosis certificates. If the person obligated to indemnify has objections to the necessity and reasonableness of **, it shall bear the corresponding burden of proof. The amount of compensation for medical expenses shall be determined on the basis of the amount actually incurred before the conclusion of the debate in the court of first instance.

Article 7 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases: Compensation for lost time is to be determined on the basis of the victim's lost time and income. The lost time is determined on the basis of a certificate issued by the medical institution to which the victim received. Where the victim continues to miss work due to disability due to injury, the time of missing work may be calculated to the day before the date of disability.

If the victim has a regular income, the compensation for lost work shall be calculated on the basis of the actual reduced income. If the victim has no regular income, it is calculated on the basis of his average income in the last three years; Where the victim is unable to provide evidence to prove his or her average income in the last three years, it may be calculated by referring to the average wages of employees in the same or similar industry in the previous year at the location of the court where the lawsuit is filed.

It's the contractor himself who is injured, and he finds a big construction company to claim compensation.

No formal contract has been signed, however, the contractor has a de facto labor relationship with the large construction company, which is the employing unit, and can apply for a work-related injury determination.

However, in order to apply for a work-related injury determination, the contractor must be able to prove that there is a de facto labor relationship with the large construction company, that there is no formal contract, that there is an "informal" contract, agreement, etc., and that the payment settlement, some signatures on the work, witness testimony, and going to the large construction company to request a declaration of the work-related injury can be proved. In short, it is necessary to prove that the contractor is a "part of the project of a large construction company", and if it can be proved that there is a de facto labor relationship, he can apply for a work-related injury determination and claim work-related injury compensation.

To apply for work-related injury determination, the large construction company should report within 30 days from the date of the accident, and if it does not report within the specified time limit, the individual can directly report to the local labor department within one year, and need to submit proof of labor relationship (including de facto labor relationship), hospital medical records, doctor's diagnosis certificate, etc.

After the work-related injury is identified, after the ** injury is relatively stable, apply for labor ability appraisal, assess the disability level, and claim work-related injury compensation according to the assessed disability level, including work-related injury medical treatment, suspension of work and pay treatment, one-time disability subsidy, etc.

If it is not possible to prove that there is a de facto employment relationship, the employee will claim compensation for personal injury. Judicial appraisal, assessment of disability level, based on this claim, first negotiate compensation, negotiation fails, can be sued to the court, compensation includes medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, necessary nutrition expenses, disability compensation due to injury, etc., can be searched online "Supreme People's Court Interpretation on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases", see Article 17 and the following relevant provisions.

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!