Is it responsible for the workers who deliberately violate the rules and regulations on the construc

According to the process, the work-related injury determination is applied for 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 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.

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.

Extended Materials. Case:

In March 2017, a construction company contracted the construction of an office building project to Chen, who in turn contracted the hydropower construction part of the project to Wang (Wang did not have the corresponding qualifications). It is stipulated in the contract that the hydropower installation of the project will be organized by Wang, and Wang is responsible for the quality of the project and the safety of the hired workers.

Subsequently, Wang hired Zhao and others to participate in the construction. In October 2017, Zhao was injured in the process of work and was promptly sent to the hospital for treatment by his co-workers, and Wang also rushed to the hospital to pay the corresponding medical expenses. However, after that, the two parties had a dispute over the compensation for lost work expenses, nursing expenses and other expenses, and the negotiations were unsuccessful many times.

As a result, Zhao found the construction company and Chen after being discharged from the hospital and asked them to compensate for their losses, but they were both refused. The construction company claimed that Zhao was not an employee of the unit, and the company had contracted the project to Chen, so Zhao's injury had nothing to do with the company.

Chen claimed that Zhao was a worker hired by Wang, and according to the contract he signed with Wang, Wang should be responsible for Zhao's safety, so it had nothing to do with him. In desperation, Zhao applied to the local labor department to determine that he had an employment relationship with the construction company, and his injury was a work-related injury.

Q: Does Zhao have an employment relationship with the construction company? Who should compensate for Zhao's losses?

Lawyer's comments. According to Article 59 of the Minutes of the 2011 National Civil Trial Work Conference of the Supreme People's Court, "if a construction unit contracts a project to a contractor, and the contractor illegally subcontracts or illegally subcontracts to the actual contractor, and the laborer recruited by the actual contractor requests confirmation of the existence of an employment relationship with the employer with the qualifications of the employing entity, it shall not be supported."

Therefore, there was no employment relationship between Zhao and the construction company.

If it is said that the worker's injury was caused by his own illegal operation, then he must pay some responsibility for the accident, and of course, the factory owner, as the main person in charge, is also responsible for this incident.

On the construction site, if a worker deliberately violates the rules and is injured, the worker must be responsible, because if you don't follow the rules and regulations, then you must be responsible for yourself, and you must be responsible for a certain amount of responsibility! It doesn't matter where you work? Whether it's for yourself, for your children, or for a private unit, don't deliberately violate the rules.

On the construction site, if a worker is injured in a deliberate violation of the law, is the worker responsible? Generally speaking, if a worker on the construction site deliberately violates the rules and works illegally, the worker himself must sleep and sleep part of the responsibility, because whether he is alas, intentionally or unintentionally, but if he is injured on the construction site, the construction site must also be responsible for him. 0

On the construction site, if a worker is injured in a deliberately illegal manner, is the worker responsible? You must be responsible on the construction site, you are deliberately working illegally, you are injured, you have to be responsible.

If the worker is indeed deliberately operating in violation of the law, I think the worker will definitely be held responsible for the injury, but why is it so difficult? That is, you have no evidence, and if there is enough evidence, the company can refuse to compensate.

If a worker deliberately violates the rules and regulations at work and is injured, he is mainly responsible, but out of humanitarianism, in line with the concept of people-oriented and humanistic care, he will report the work-related injury for him.

Worker violations. Even if you are injured, you must bear the responsibility for the violation. There is nothing to discuss at this point.

Hello, if the worker does not operate in accordance with the company's rules and regulations, the general injury is to be borne by themselves, specifically like this, I hope to help you.

On the construction site, the worker deliberately violated the rules and was injured at work, and under normal circumstances, the contractor was not responsible for the responsibility, because he was in violation of the work regulations.

You have to provide proof that the worker deliberately violated the rules and regulations, and now the injured worker is responsible, but few people will deliberately violate the rules and make themselves injured.

For example, the project department has the responsibility of safety management because the person in charge of the construction site is responsible for safety education. Workers themselves are also responsible, for example forty percent.

On the construction site, if the worker deliberately violates the rules and regulations, then the injured worker is also responsible. Of course, the construction site also bears some responsibility.

If a worker on the construction site is injured, basically the construction site is responsible, and if it is illegal work, he personally has to bear a part, and the factory itself has to bear a part.

If there is evidence that the worker was injured as a result of deliberately violating the rules of work, then the worker himself must be held responsible, and the primary responsibility is the primary responsibility.

On the construction site, if a worker is injured in a violation, is the worker responsible? If you are an individual in this company, you will definitely have to pay a certain amount of responsibility, but the employer is mainly responsible.

If you deliberately violate the rules, you will definitely be responsible.

When it is necessary to warn others, do not follow suit.

The air conditioner in the park is operating the dormitory in violation of regulations, otherwise he will be partially responsible, rather than taking it away.

This is where you need to strengthen safety education. There is no way around this. You can stipulate it in the safety manual.

This should be, because he is mainly responsible for not following the rules.

If the worker deliberately violates the rules and causes the injury, then he will definitely be responsible.

If you deliberately work in violation of regulations, you need to bear this responsibility.

It cannot be completely responsible for itself, which is not in place, and the company is mainly responsible.

The workers themselves must be responsible, and even the construction site is responsible.

In this case, he himself has to bear part of the responsibility.

Workers are responsible, but so is the construction site.

Workers deliberately operate in violation of regulations on the construction site. Injured workers. You should be responsible. You can punish him by imposing a fine.

On the construction site, the worker deliberately violated the rules and operated and was injured, and the worker should be fully responsible.

If a worker deliberately violates the rules and causes an injury on the construction site, the worker must also bear the corresponding responsibility for his own actions. This is in line with the principle of legal fairness and justice.

Legal basis: Article 30 of the Regulations of the People's Republic of China on Work-related Injury Insurance 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 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 the work-related injury insurance diagnosis and treatment items, the work-related injury insurance drug list, and the work-related injury insurance hospitalization service standards, they shall be paid from the work-related injury insurance base. 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 34 Where an injured employee has been assessed for disability and his limbs are confirmed by the Labor Ability Appraisal Committee to be in need of life 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: Unless the company has scattered evidence to prove that the worker's injury at work was intentional by himself, it is generally a work-related injury liability.

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) During working hours and in the workplace, he or she is injured or injured by an accident due to work; (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 traffic accident or an urban rail transit, passenger ferry, or train accident for which they are not primarily responsible while commuting to or from work; (7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.

Punch Finger.

Apply for work-related injury recognition first, and then do a labor ability appraisal to claim work-related injury compensation from the boss. Specific compensation items and standards for general work-related injuries (1) Medical expenses 1. Requirements: **The expenses required for work-related injuries meet the requirements of work-related injury insurance diagnosis and treatment items, work-related injury insurance drug list, and work-related injury insurance hospitalization service standards.

2. Legal basis: Article 30, paragraph 3 of the Regulations on Work-related Injury Insurance. If the employer does not participate in work-related injury insurance, it is not required to go to a medical institution with a service agreement**.

2) Transportation and accommodation expenses 1. Standards: The specific standards shall be stipulated by the people of the co-ordination area 2. Requirements: The medical institution shall issue a diagnosis certificate, and the handling agency shall agree, and the injured employee shall seek medical treatment outside the co-ordination area.

3. Legal basis: Article 30 of the Regulations on Work-related Injury Insurance, Paragraph 4. (3) **** fee 1, standard:

**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. 2. Legal basis: Article 30, paragraph 6 of the Regulations on Work-related Injury Insurance.

According to local regulations, the **** needs to be assessed by experts organized by the handling agency. (4) Assistive device fee 1Standard:

Quota standards for work-related injury assistive devices in all provinces and municipalities directly under the Central Government. 2.Requirements:

Due to the needs of daily life or employment, after confirmation by the Labor Ability Appraisal Committee, prostheses, orthoses, artificial eyes, dentures, wheelchairs and other assistive devices are installed. 3.Article 32 of the Regulations on Work-related Injury Insurance.

5) Suspension of work and salary retention 1. Standard: The original salary and benefits remain unchanged and are paid by the unit on a monthly basis. 2. Requirements:

The period of suspension with 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. If the injured employee still needs to be ** after the expiration of the period of suspension of work with pay, he or she shall continue to enjoy the medical treatment of work-related injury. 3. Legal basis:

Article 33 of the Regulations on Work-related Injury Insurance. 4. Remarks: The suspension period shall be determined according to the diagnosis certificate of the medical institution and the classification catalogue of the suspension period in various places, but the departments and procedures determined shall be in accordance with local regulations.

6) Nursing expenses.

Article 14 of the Regulations on Work-related Injury Insurance An employee shall be deemed to have suffered a work-related injury under 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 traffic accident or an urban rail transit, passenger ferry, or train accident for which they are not primarily responsible while commuting to or from work; (7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.

Legal Analysis: If an employee is injured in an accident during working hours and in the workplace due to work-related reasons, it shall be deemed to be a work-related injury. In addition, the principle of work-related injury insurance is no-fault liability.

The principle of no-fault liability refers to the principle of imputation of liability in accordance with the law that the subjective fault of the parties is not a necessary element for constituting a tort, that is, regardless of whether the parties are subjectively at fault or not, they should bear the corresponding legal liability for the rapid burial. In short, if an employee is injured in an accident during working hours, in the workplace, or in the performance of his or her job duties, the employer should be liable for the work-related injury regardless of whether the employer is subjectively at fault or not. It is an international practice for work-related injury insurance to implement the principle of non-liability compensation.

The work-related injury insurance system established in China is to ensure that workers receive medical treatment and economic compensation when they are injured by accidents and suffer from occupational diseases in production work. In order to protect the rights and interests of employees, a distinction should be made between accidental negligence and deliberate violations, and all accidental negligence, even if the employee is injured, disabled or killed in the course of labor and has some responsibility or fault, should generally be recognized as a work-related injury and enjoy work-related injury insurance benefits; If it is an illegal or criminal act, suicide or self-harm, fight, alcoholism, or intentional violation of rules and regulations, it should not be recognized as a work-related injury.

Legal basis: Article 14 of the Regulations on Work-related Injury Insurance 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) 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) On the way to and from work, being injured in a traffic accident for which he or she is not primarily responsible, or in an accident involving rail transit, passenger ferries, or trains in the city;

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