Who is responsible for the serious illness of the worker who is on the construction site and has not

This situation needs to be dealt with in different situations. First of all, if the person's critical illness is an occupational disease, then it can be subject to the relevant provisions of the Regulations on the Management of Work-related Injuries. Treat it as a work-related injury.

If the person's critical illness is a chronic disease that he himself suffers from, then this situation does not fall within the scope of liability for work-related injuries, but falls within the scope of reimbursement from his personal medical insurance and urban insurance. If he has purchased town medical insurance, then from medical insurance, if he has not purchased then. At his own expense.

However, in this case, the worker is required to be required to purchase five insurances and one housing fund, and if there is no purchase, the construction site can be required to bear certain responsibilities, that is, to make up the insurance premiums you have owed over the years. If the critical illness is caused by him suddenly and not caused by a work-related injury, then the illness is also borne by himself, and the company does not bear the relevant responsibility.

Although the worker has not signed a labor contract, the employer should be responsible for the serious illness of the worker, and although the labor contract has not been signed, the labor relationship has objectively existed, and the labor unit he serves should be responsible.

There was an accident at height, the worker fell and was seriously injured, and the employer: did not sign a labor contract.

There is a Ms. Wang in Yuhang who wants us to help her recover her husband's medical bills. Ms. Wang said that some time ago, when her husband was working for other units, he accidentally fell from a height and was seriously injured, and now no one has to pay the 200,000 yuan medical bill. Let's take a look.

Note: **From the Internet.

Ms. Wang said the accident happened one day in early December, when her husband, Mr. Wang, was helping to install a crane at a factory in Tangxi, Yuhang. Ms. Wang said that it was to install a slip line on the track, which was more than 7 meters high and 20 centimeters wide against the wall, and then fell down just when she went up. Ms. Wang said that at the time of the incident, her husband was working on the tracks, and accidentally fell off because of the narrow platform, and after the doctor's rescue, his life was saved, but now he is still under observation in the intensive care unit.

Ms. Wang said that the doctor said that the injuries were equally serious, and that there were many fractures on her body, and she has been in the intensive care unit all along.

Later, Ms. Wang learned that Mr. Wang did not take any safety measures during the operation, and she believed that the factory should bear some responsibility for the accident. Then we rushed to the factory in Tangxi, Yuhang, and the person in charge of the factory said that Mr. Wang had nothing to do with them, that he didn't know him, and that he was not a worker in their factory, so he could only remind him to pay attention to safety, and he fell off all of a sudden. The person in charge of the factory said that some time ago, the factory purchased a new crane, and the workers who had the accident were sent by the seller to carry out the installation work, not the employees of the factory.

So we contacted the seller of the crane, and the other party admitted that he had indeed called him to install the crane, but did not sign a formal labor contract.

Manager Li said that he was also at the scene at the time, but he only gave a verbal warning, and did not prevent Mr. Wang from going to the high platform to carry out his work, and he was willing to take corresponding responsibilities for this. Ms. Wang said that it is now expected that her husband's medical expenses will be about 200,000 yuan, the car seller has paid 60,000 yuan, the factory has paid 20,000 yuan, and the rest of the money will be further negotiated by the three parties. In this case, the lawyer suggested that although the injured party and the employer do not have a direct employment contract relationship, this does not affect the establishment of the actual employment relationship, and the injured person can first apply for labor arbitration to determine the labor relationship, and then apply for the determination of the work-related injury, and if it can be recognized as a work-related injury, the employer can be required to compensate accordingly.

If you feel that it is dangerous to do high-altitude work, you must do a good job of safety measures, don't be reckless, feel that this is not high, and you will not do anything wrong without safety measures. Remind all workers who work at height to be sure to take safety measures.

Although you don't sign an employment contract when you work on the construction site, after all, the seniority is there, so you can go to the local labor department to apply for some sanctions.

Summary. Kiss <>

We'll be happy to answer for you. <>

The compensation for sudden illness without a labor contract while working on a construction site is as follows: If you are hospitalized due to illness while working on a construction site without a labor contract, and are recognized as a work-related injury, as long as there is evidence to prove that there is a de facto labor relationship, then you can enjoy work-related injury benefits in accordance with the law. If the employer has paid work-related injury insurance, the work-related injury compensation shall be paid from the work-related injury insurance**; If the work-related injury insurance is not paid, the employer shall pay compensation.

How to compensate for sudden illness without a labor contract for working on the construction site.

Kiss <>

We'll be happy to answer for you. <>

The compensation for sudden illness without a labor contract while working on the construction site is as follows: If you are hospitalized due to illness while working at a construction site without a labor contract, and are recognized as a work-related injury, as long as there is evidence to prove that there is a de facto labor relationship, then you can enjoy work-related injury treatment according to the law. If the employer has paid work-related injury insurance, the work-related injury compensation shall be paid from the work-related injury insurance**; If the employer fails to pay the work-related injury insurance, the employer shall pay Zheng Funai compensation.

Legal basis: Article 38 of the Social Insurance Law of the People's Republic of China The following expenses incurred due to work-related injuries shall be paid from the work-related injury insurance in accordance with national regulations: (1) medical expenses and expenses for work-related injuries (2) hospital meal subsidies (3) transportation and accommodation expenses for medical treatment outside the overall planning area (4) expenses required for the installation and configuration of assistive devices for the disabled (5) living care expenses confirmed by the labor ability appraisal committee if the orange bush cannot take care of themselves (6) One-time disability subsidy and monthly disability allowance for employees with a disability from the fourth grade (7) A one-time medical subsidy that should be enjoyed when the labor contract is terminated or terminated (8) In the event of a work-related death, the funeral subsidy, pension for dependent relatives and work-related death subsidy received by the surviving family (9) Labor ability appraisal fee.

Summary. Legal basis: According to Article 19 of the Labor Contract Law of the People's Republic of China, an employer shall enter into a written labor contract with an employee.

If the employer does not sign a written employment contract with the employee, the employee may request the employer to pay economic compensation. However, this does not affect the employee's right to work-related injury insurance. According to Article 21 of the Regulations of the People's Republic of China on Work-related Injury Insurance, work-related injury insurance is applicable to work-related injuries in one of the following circumstances:

1) Being injured in an accident or suffering from an occupational disease due to work-related reasons during working hours and in the workplace; (2) Injured in an accident or suffering from an occupational disease due to work-related reasons outside of working hours and the workplace, but has a close relationship with work; (3) During working hours and inside or outside the workplace, being harmed by violence, terrorist activities, or other acts that are not intentional to the person, resulting in injury or death. <>

Hello, dear, I'm glad to answer for you! Death due to work-related causes during working hours and in the workplace can be recognized as a work-related injury, even if there is no labor contract. However, it should be noted that you need to provide relevant evidence to prove that you are work-related** and report the work-related injury to the employer in time to enjoy the work-related injury insurance benefits.

Legal analysis: According to the Labor Law of the People's Republic of China, an employer shall sign a written labor contract with an employee. If you work on the construction site without signing an employment contract, then the employer has violated the law.

If you Yuansui died of illness due to work-related reasons during the hail boom at the construction site, then according to the provisions of the Regulations of the People's Republic of China on Work-related Injury Insurance, your family members can apply for work-related injury insurance benefits. Since you do not have an employment contract, your employer may refuse to recognize your work-related injury status on this ground. <>

Legal basis: According to Article 19 of the Labor Contract Law of the People's Republic of China, an employer shall enter into a written labor contract with an employee. If the employer does not sign a written employment contract with the employee, the employee may request the employer to pay economic compensation.

However, this does not affect the employee's right to work-related injury insurance. According to Article 21 of the Regulations of the People's Republic of China on Work-related Injury Insurance, work-related injury insurance is applicable to work-related injuries in one of the following circumstances: (1) being injured in an accident or suffering from an occupational disease due to work-related reasons during working hours and in the workplace; (2) Injured in an accident or suffering from an occupational disease due to work-related reasons outside of working hours and the workplace, but has a close relationship with work; (3) During working hours and inside or outside the workplace, being harmed by violence, terrorist activities, or other unintentional acts in the performance of work assignments, resulting in injury or death.

As long as an employment relationship is established between the employer and the employee, even if there is no labor contract, as long as the circumstances that should be recognized as a work-related injury are met, it can be recognized in accordance with the law.

Dear, you're not good with Lu! I'm glad to answer for you, I know that if you work on the construction site and die of illness without signing a labor contract, it will be counted as a work-related injury, and if you die of a work-related injury without signing a labor contract, it can be recognized as a work-related injury. As long as an employment relationship is established between the employer and the employee, even if there is no labor contract, as long as the circumstances that should be recognized as a work-related injury are met, it can be recognized in accordance with the law.

Legal basis: 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) During working hours and in the workplace, Min Yumo is injured in an accident due to work-related reasons; (2) Being injured in an accident while engaging in work-related preparatory or finishing work in the workplace bridge or yard 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 of going out for work, they are injured due to the demolition work or the whereabouts of the accident are unknown; (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 Shenhong:

If you suddenly fall ill while working on a construction site, the construction site is of course responsible, because it is what happens during the work and at the place of work, and the construction site should bear the corresponding responsibility. Not only that, but you can also apply for sick leave.

1. It is covered by insurance.

As long as all accidents that occur during the worker's work are covered by insurance, the construction site needs to be responsible. If it can be proved that it is due to the illness suffered from at work, then it has an inseparable relationship with the construction site, and the construction site needs to bear all the responsibility. Workers working on the construction site are its employees, and when an accident occurs, they need to pay for it, rather than ignore it.

2. Serve the construction site.

Workers work on the construction site, serve the front wheels of the construction site, and the construction site is responsible for everything. When a worker suddenly falls ill during work, no matter who the reason is, he should be sent to the hospital for treatment as soon as possible, which is precious in the face of life, and should help employees successfully survive the danger at the first time. Working on the construction site is a very hard job, you need to withstand more pressure, and you need to be physically fit enough to have results.

Legal basis: Provisions on the period of medical treatment for sick or non-work-related injuries of enterprise employees》 Article 3 When an employee of an enterprise needs to stop working for medical treatment due to illness or non-work-related injury, the State stipulates that outpatient sick leave shall be held for a maximum of a few days, and a medical treatment period of three months to 24 months shall be given according to the actual number of years of work and the number of years of work in the unit: (1) if the actual working experience is less than 10 years, three months if the actual working experience is less than five years; Six months for more than five years.

2) Where the actual working experience is more than 10 years, the working experience in the unit is less than 5 years, and 6 months is the actual working experience; 9 months for those between five and ten years; 12 months for those who have been in the book of repentance for more than 10 years and less than 15 years; 18 months for between 15 and 20 years; 24 months for more than 20 years.

Legal Analysis: On the premise that you have an employment relationship with your boss: If your situation meets one of the conditions not listed above, it can be counted as a work-related injury.

1) Suffering from occupational diseases (identification report is required to prove).

2) During working hours and at work, death from sudden illness or death within 48 hours after rescue efforts failed;

Legal basis: "Regulations on Work-related Injury Insurance".

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;

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 occurrence 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 region. In case of special circumstances, with the consent of the social insurance administrative department, the time limit for application may be appropriately extended.

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 close relatives or the trade union organization may, within one year from the date of occurrence of the accident injury or the date of diagnosis or appraisal of an occupational disease, directly submit an application for recognition of work-related injury to the social insurance administrative department of the area where the employer is co-ordinating.