Who is responsible for work related accidents among migrant workers in the construction industry 40

In the case of work-related accidents involving migrant workers in the construction industry, the employer with employment qualifications shall bear the liability for work-related injury compensation.

Opinions of the Ministry of Human Resources and Social Security on Several Issues Concerning the Implementation of the Regulations on Work-related Injury Insurance: 7. Where a contractor with the qualifications of an employing entity violates the provisions of laws and regulations by subcontracting or subcontracting the contracting business to an organization or natural person that does not have the qualifications of an employing entity, and the worker recruited by the organization or natural person engages in the contracting business due to work, the contractor with the qualifications of the employing entity shall bear the work-related injury insurance liability that the employer shall bear in accordance with law.

If the labor relationship can be determined, you should apply for work-related injury identification and labor ability appraisal as soon as possible, and then apply for labor arbitration as soon as possible according to the appraisal results, and request the employer to compensate for work-related injuries as soon as possible, because the statute of limitations is only 1 year, and the law does not support it if the statute of limitations is exceeded.

Compensation items for disability caused by work-related injuries: medical expenses, food allowance during hospitalization, living care expenses, wages during work-related injuries, transportation and accommodation expenses, assistive device expenses, one-time disability allowance, disability allowance, one-time medical subsidy for work-related injuries, one-time disability employment subsidy, etc.

If the labor relationship cannot be determined, you can go to the judicial appraisal agency for the disability level appraisal, and the injured person needs to bring a copy of the ID card, medical records, **, etc.

Then, according to the appraisal results, file a lawsuit with the court as soon as possible to demand that the employer and the employer bear joint and several liability for personal injury compensation, because the statute of limitations is only one year, and the law does not support it if the statute of limitations is exceeded.

Personal injury compensation includes medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, necessary nutrition expenses, and if the victim is disabled due to injury, it is also necessary to increase disability compensation, disability assistive device expenses, as well as necessary expenses, nursing expenses, and follow-up expenses actually incurred due to nursing care and continuation.

If it is an employment relationship, the employer is responsible.

In the case of an employment relationship, the employer is responsible.

1. The contractor shall be liable for compensation.

2. After the work-related injury is identified, the work-related injury grade shall be appraised and the work-related injury compensation shall be applied for labor arbitration.

The unit with which the labor relationship is established is responsible.

Zongheng Legal Network-Jilin Siding Law Firm-Zhang Xueming lawyer.

Legal Analysis: Yes. As long as the injury suffers in accordance with Articles 14 and 15 of the Regulations on Work-related Injury Insurance, and there is no Article 16, it is a work-related injury.

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 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.

Article 16: Where an employee meets the requirements of Articles 14 and 15 of these Regulations, but in any of the following circumstances, it shall not be recognized as a work-related injury or treated as a work-related injury:

1) Intentionally committing a crime;

2) Drunk or drug addiction;

3) Self-harm or suicide.

After the construction industry migrant workers are injured at work, they will first go to the nearest medical institution for treatment, and then they or their relatives will go through the following procedures:

Step 1: Apply for a work-related injury determination. First, after a migrant worker in the construction industry is injured on the job, the construction enterprise where he or she works shall submit an application for work-related injury determination to the human resources and social security administrative department where the construction is located within 30 days from the date of the accident or the date of diagnosis or appraisal of occupational disease; Second, if the construction enterprise fails to submit an application for work-related injury recognition in accordance with the regulations, the migrant worker himself, his or her immediate family members, or the trade union organization may directly submit an application for work-related injury recognition to the human resources and social security administrative department where the construction is located within one year from the date of occurrence of the accident injury or the date of diagnosis or appraisal of the occupational disease.

Step 2: Labor ability appraisal is slow to grind. If a migrant worker in the construction industry suffers a work-related injury and has a disability that affects his or her ability to work after the injury is relatively stable, he or she shall submit an application for labor ability appraisal to the labor ability appraisal committee where the construction is located.

Step 3: Declare work-related injury benefits. The construction enterprise shall declare to the work-related injury insurance agency where the construction is located for work-related injury medical treatment (including hospitalization expenses, outpatient expenses, inpatient meal expenses, transportation and accommodation expenses outside the overall planning area), disability treatment (one-time disability subsidy, disability allowance for employees injured at grades 1 to 4, living care expenses, one-time medical subsidy for work-related injuries, and installation of assistive devices) and work-related death benefits (one-time work-related death subsidy, pension for dependent relatives).

If a migrant worker is injured at a construction site, the employer shall, even if it takes measures to treat the worker, then apply to the social insurance administrative department for recognition of the work-related injury within 30 days from the date of the accident.

Article 30 of the Regulations 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 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. Article 33 of the Regulations on Work-related Injury Insurance If an employee is injured in an accident or suffers from an occupational disease due to 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 of work and salary, and shall be paid by the employer on a monthly basis.

Legal analysis: In the event of a work-related accident involving a migrant worker, the following process shall be followed: the migrant worker shall be sent to a medical institution**; Apply to the social insurance administrative department of the coordinating area for recognition of work-related injury, and if the employer has not made an application, the injured employee or his close relatives or trade union organization shall apply; After the worker's injury is relatively stable, he or she shall submit an application for labor ability appraisal to the Labor Ability Appraisal Committee; Apply for work-related injury insurance benefits from work-related injury insurance institutions.

Legal basis: Regulations on Work-related Injury Insurance Article 17 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 unit to which he belongs shall, within 30 days from the date of the accident 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 area. In the absence of special circumstances, the time limit for application may be appropriately extended with the consent of the social insurance administrative department.

If the employer fails to submit an application for recognition of work-related injury in accordance with the provisions of the preceding paragraph, the injured employee, his or her immediate family members, or the trade union organization may directly submit an application for determination of work-related injury to the labor and social security administrative department of the co-ordinating area where the employer is located within one year from the date of occurrence of the injury or the date of diagnosis or appraisal of the occupational disease.

Matters that shall be determined by the provincial-level social insurance administrative department in accordance with the provisions of the first paragraph of this Article shall be handled by the social insurance administrative department at the districted-city level where the employer is located in accordance with the principle of territoriality.

If an employer fails to submit an application for determination of work-related injury within the time limit specified in the first paragraph of this Article, the employer shall bear the relevant expenses such as work-related injury benefits incurred during this period that comply with the provisions of these Regulations.

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.