The issue of compensation after a worker s injury! Ask a legal expert for help

According to China's labor law and relevant laws and regulations, the employment relationship between the employee and the factory is applicable, and the work-related injury compensation is applicable.

The following situations should be recognized as work-related injuries:

Injured in an accident during working hours and in the workplace due to work-related reasons; Injured in an accident while engaged in work-related preparatory or finishing work in the workplace before or after working hours; Injured by violence or other accidents during working hours and in the workplace due to the performance of work duties; suffering from occupational diseases; During the period of going out for work, the person is injured due to work reasons or the whereabouts of the accident are unknown; Injured in a motor vehicle accident while commuting to or from work; Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.

The following conditions are considered as work-related injuries.

Death from sudden illness during working hours and at work, or death within 48 hours after rescue efforts failed; Suffering harm in activities to safeguard national interests or public interests, such as emergency rescue and disaster relief; Employees who originally 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.

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The owner of the goods and the owner of the vehicle are jointly responsible.

Legal Analysis: As a worker, you can apply for work-related injury compensation when a work-related injury occurs in the workplace, and every worker has this right. If the other party does not compensate and cannot be resolved through negotiation with the employer, it may initiate arbitration proceedings in accordance with labor arbitration regulations.

Those who are dissatisfied with labor arbitration may file a lawsuit with the court for resolution. Those who are dissatisfied with the judgment of the court of first instance may appeal to the court of second instance in accordance with law.

Legal basis: Article 14 of the Regulations of the People's Republic of China 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 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) Being injured in a motor vehicle accident while commuting to or from work;

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

Legal analysis: As a worker, you can apply for work-related injury compensation when a work-related injury occurs in the workplace, and every worker has this right. If the other party does not compensate and cannot be resolved through negotiation with the employer, it may initiate arbitration proceedings in accordance with labor arbitration regulations.

Those who are dissatisfied with labor arbitration may file a lawsuit with the court for resolution. Those who are dissatisfied with the judgment of the court of first instance may appeal to the court of second instance in accordance with law.

Legal basis: Regulations of the People's Republic of China on Work-related Injury Insurance Article 14 If an employee has any of the following circumstances, he or she shall be recognized as a work-related injury:

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) Being injured in a motor vehicle accident while commuting to or from work;

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

If a worker is injured in the factory, if it is a work-related injury, it will be compensated by the work-related injury insurance** and the employer, and if it is caused by a third party, the third party shall bear the responsibility for compensation.

It is recommended to apply for the determination of work-related injury first, and the amount of compensation can only be finalized after the level of labor ability appraisal. 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 submit an application for recognition within one year. Documents to be submitted:

Application form for work-related injury determination, proof of labor relationship with the employer, medical diagnosis certificate, etc.; If there is a disability that affects the ability to work after the injury is relatively stable, the applicant shall apply for a labor ability appraisal and submit an application to the labor ability appraisal committee of the city divided into districts; Depending on the level of disability, the compensation received is generally different. The main compensation is: medical expenses, one-time disability allowance, one-time employment subsidy, one-time medical subsidy, salary during the period of leave of absence, food subsidy, nursing expenses, etc.; There are many work-related injury rights protection procedures, if you are not familiar with it, it is best to entrust a lawyer**.

Legal basis

Social Insurance Law of the People's Republic of China

Article 38 The following expenses incurred due to work-related injuries shall be paid from work-related injury insurance** in accordance with the provisions of the State:

1) Medical expenses and expenses for work-related injuries;

2) Hospitalization meal subsidy;

3) Transportation and accommodation expenses for medical treatment outside the overall planning area;

4) The cost of installing and configuring assistive devices for the disabled;

5) For those who are unable to take care of themselves, the living care expenses confirmed by the Labor Ability Appraisal Committee;

6) A one-time disability allowance and a monthly disability allowance for employees with disabilities of grades 1 to 4;

7) A one-time medical subsidy to be enjoyed when the labor contract is terminated or dissolved;

8) In the event of a work-related death, the funeral allowance, the pension for dependent relatives and the work-related death allowance received by the surviving family members;

9) Labor ability appraisal fee.

Article 39 The following expenses incurred as a result of work-related injuries shall be paid by the employer in accordance with the provisions of the State:

1) Wages and benefits during the work-related injury;

2) The monthly disability allowance received by the disabled employees of the fifth and sixth grades;

3) A one-time disability employment subsidy that shall be enjoyed when the labor contract is terminated or dissolved.

Article 42 Where a work-related injury is caused by a third party, and the third party does not pay the medical expenses for the work-related injury or the third party cannot be identified, the work-related injury insurance shall pay in advance. After the work-related injury insurance** is paid in advance, it has the right to recover from a third party.

Summary. Hello, legal analysis: what should I do if I can't compensate for the worker's injury:

You can apply for the social security agency to pay in advance, and then recover from the unit. However, the employer generally only needs to pay the wages and other benefits of the employee during the suspension period in accordance with the law, unless the unit does not pay the work-related injury insurance for the employee, it needs to pay the work-related injury benefits such as medical expenses and ** expenses.

What should I do if I can't compensate for the worker's injury?

Hello, the law is divided and dismantled: what should I do if I can't compensate for the injury of a worker: you can apply for the social security agency to pay for the void first, and then recover from the unit.

However, the unit generally only needs to pay the wages and other benefits of the employee during the suspension period in accordance with the law, unless the unit does not pay work-related injury insurance for the employee, it needs to pay medical expenses, ** fees and other work-related injury benefits.

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. Article 41 of the Social Insurance Law of the People's Republic of China If an employee's employer fails to pay work-related injury insurance premiums in accordance with the law, and a work-related accident occurs, the employer shall pay the work-related injury insurance benefits.

If the employer does not pay, it shall be paid in advance from the work-related injury insurance**. The work-related injury insurance benefits paid in advance from the work-related injury insurance** shall be reimbursed by the employer. If the employer fails to repay, the social insurance agency may recover compensation in accordance with the provisions of Article 6 and Article 13 of this Law.

I'm a personal doctor who has no money to compensate, and I'd rather go to jail. The other party wants 800,000.

Hello, is it your employee, and what is the reason for this?

The small workers hired by the countryside to work, this is the small workers hired by the rural areas, and the old houses have been demolished and fell.

Hello, this is a work-related injury and you need to compensate.

I know I have to pay compensation, but I really don't have the money to go to prison and compensate, because I have been treated for 6 or 700,000 yuan, and now I have to pay more than 80 yuan, I don't have the ability.

Hello, if you are unable to repay, you will generally not go to jail, and you will need compensation if you go to jail.

If a worker is injured, the compensation is as follows:

1. A one-time medical subsidy that should be enjoyed when the labor contract is terminated or dissolved;

2. Transportation and accommodation expenses for medical treatment outside the overall planning area; Before grinding or.

3. If you are unable to take care of yourself, the living care expenses confirmed by the Labor Ability Appraisal Committee;

4. Medical expenses and expenses for work-related injuries;

5. One-time disability subsidy and monthly disability allowance for disabled employees of grades 1 to 4. Repentance.

If a worker is injured blindly, if the employer has purchased work-related injury insurance for the worker in accordance with the law, it may apply to the social insurance administrative department for a work-related injury determination, and after the work-related injury is determined, the employer may enjoy work-related injury insurance benefits in accordance with the law; If it is not purchased, the employer shall pay the work-related injury insurance benefits and standard payment expenses, and if the employer does not pay, the work-related injury insurance shall pay in advance.

Legal basis: Social Insurance Law

Article 38.

The following expenses incurred due to work-related injuries shall be paid from work-related injury insurance** in accordance with national regulations:

1) Medical expenses and expenses for work-related injuries;

2) Hospitalization meal subsidy;

3) Transportation and accommodation expenses for medical treatment outside the overall planning area;

4) The cost of installing and configuring assistive devices for the disabled;

5) For those who are unable to take care of themselves, the living care expenses confirmed by the Labor Ability Appraisal Committee;

6) A one-time disability allowance and a monthly disability allowance for employees with disabilities of grades 1 to 4;

7) A one-time medical subsidy to be enjoyed when the labor contract is terminated or dissolved;

8) In the event of a work-related death, the funeral allowance, the pension for dependent relatives and the work-related death allowance received by the surviving family members;

9) Labor ability appraisal fee.