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If the injured boss does not compensate, he can apply for labor arbitration. If the labor dispute arbitration award has legal effect, and the employer fails to perform it, it shall apply to the people's court for enforcement.
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In your case, you can go to the labor arbitration department to apply for labor arbitration, and you can inquire about the local labor arbitration department
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If it is a work-related injury, the employee can apply to the local labor bureau for work-related injury recognition within one year, and then file a labor arbitration or lawsuit with the employer for work-related injury benefits. Go to the local labor arbitration, apply for labor arbitration, and protect your legitimate rights and interests.
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According to the Regulations on Work-related Injury Insurance:
1) Due to the needs of daily life or employment, the injured employee can be fitted with prostheses, orthoses, artificial eyes, dentures and wheelchairs and other assistive devices after confirmation by the Labor Ability Appraisal Committee, and the required expenses shall be paid from the work-related injury insurance ** in accordance with the standards stipulated by the state. (2) If the injured employee has been assessed for disability and confirmed by the Labor Ability Appraisal Committee to be in need of life care, the living care expenses shall be paid on a monthly basis 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.
If you are injured on the construction site, there should be a corresponding basis for discussing compensation with the boss. First of all, go to the human resources and social security department to apply for work-related injury identification (can be applied by the company, can also be applied by individuals, if the company pays work-related injury insurance, medical expenses and work-related injury compensation are borne by work-related injury insurance**), after the work-related injury is determined that it can constitute a disability level, and then apply to the appraisal agency designated by the human resources and social security department for work-related injury identification. If it is determined that the level of disability is constituted, work-related injury compensation shall be paid in accordance with the provisions of the Regulations on Work-related Injury Insurance.
If the disability level is not enough, the corresponding medical expenses, wages during the period of suspension of work, hospital meal subsidies, nursing expenses, transportation expenses, accommodation expenses, etc., will be reimbursed. In addition to the above expenses, workers' compensation that constitutes a level of disability includes a lump sum disability allowance and disability allowance, or a lump sum employment allowance and a lump sum medical allowance, etc.
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Legal analysis: First of all, it is necessary to clarify the nature of employment, whether it is an employment relationship or an employment relationship, and there are differences in the compensation procedures and amounts between the two. Secondly, if it is an employment relationship, if the negotiation fails, the lawsuit will be filed directly.
Thirdly, if it is an employment relationship, it is a work-related accident. It is necessary to declare the work-related injury, conduct the work-related injury identification, and determine the disability level.
Legal basis: Article 14 of the Regulations 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.
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If you are injured at work on the construction site and the boss doesn't care about it, you should go to the labor inspection brigade under the labor bureau.
1. According to Article 14 of the Regulations 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.
Target; 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) On the way to and from work, the person is subjected to a traffic accident or urban rail transit, passenger ferry, or train for which he or she is not primarily responsible.
Injured in an accident;
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, but were disabled due to injuries sustained in war or in the line of duty, have obtained the certificate of revolutionary disabled soldiers, and have retired to the employer.
Wounded**. 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; Duty.
In the case of item (3) of the preceding paragraph, workers shall enjoy work-related injury insurance other than a one-time disability subsidy in accordance with the relevant provisions of these Regulations.
Treatment. 2. Determination of work-related injuries.
According to Article 18 of the Regulations on Work-related Injury Insurance, the following materials shall be submitted to apply for work-related injury determination:
1) Application form for determination of work-related injury;
2) Proof of the existence of an employment relationship (including a de facto employment relationship) with the employer;
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Go to the department responsible for the determination of work-related injuries of the Human Resources and Social Security Bureau. Since the boss does not deal with it, it means that it is impossible to be private, in this case, the first step of the legal procedure that should be taken is the determination of work-related injury, so you should go to the department responsible for the determination of work-related injury.
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If the labor inspection department can't mediate this kind of thing, then it should go to the people's court to prosecute, and take the original evidence to sue the boss
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Go to the work-related injury insurance department of the local social insurance agency to make a work-related injury determination.
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Labor supervision departments can defend their rights, labor inspection brigades, and labor arbitration.
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Local Labor Inspection Brigade.
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I was injured on the construction site and the boss didn't deal with it, which department should I go to? If you are injured on the construction site, if the boss does not deal with it, you can go to the local labor inspection department for help and they will take care of it for you.
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This is a work-related injury, you can go directly to the local labor arbitration commission to complain, if the situation is really as you said, then the labor arbitration committee will administer justice for you.
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First of all, you can file a complaint with the local labor inspection brigade, and if the injury is particularly serious, you will also need to apply for a work-related injury determination. To apply for a work-related injury determination, you need to apply to the local human resources and social security bureau. According to Article 18 of the Regulations on Work-related Injury Insurance, the following materials shall be submitted to apply for work-related injury determination:
1) Application form for determination of work-related injury; 2) Proof of the existence of an employment relationship (including a de facto employment relationship) with the employer; (3) Medical diagnosis certificate or occupational disease diagnosis certificate (or occupational disease diagnosis and appraisal certificate). The application form for determination of work-related injury shall include basic information such as the time, place, and cause of the accident, as well as the degree of injury of the employee. Where the materials provided by the applicant for work-related injury determination are incomplete, the labor and social security administrative department shall inform the applicant of all the materials that need to be supplemented and corrected in writing at one time.
After the applicant requests to supplement and correct the materials in accordance with the written notice, the labor and social security administrative department shall accept the application.
In the case of injury on the construction site, if you cannot prove the existence of an employment relationship (including a de facto employment relationship) with the employer (generally referring to the employment contract or employment certificate), then you need to apply to the local labor and personnel dispute arbitration commission to confirm the existence of an employment relationship between you and the employer. Once you have obtained the arbitration award confirming the existence of an employment relationship between you and the employment order, you can apply for a work-related injury determination.
After obtaining the work-related injury certificate, you can go to the local labor ability appraisal center to apply for a labor ability appraisal. Those who are not satisfied with the appraisal report after receiving it may apply for another appraisal.
You can then file an arbitration with the Labor Dispute Arbitration Commission and claim compensation in accordance with the work-related injury benefits. After obtaining the award, if the employer does not cooperate and does not pay the fees determined in the award, it may take this arbitral award to the local people's court to apply for compulsory enforcement.
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You can go to the Labor Bureau and ask for arbitration!
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If the boss does not lose money if he is injured on the construction site, he must find out the nature of the employment, whether it is an employment relationship or a labor relationship.
If it is an employment relationship, if the negotiation fails, the lawsuit will be filed directly. If it is a work-related accident, it is a work-related accident, and it is necessary to declare the work-related injury, conduct work-related injury identification, and determine the disability level.
1. What should I do if I don't pay for work on the construction site and don't have a contract?
If the negotiation fails, you can go to the labor inspection brigade where the unit is located to complain, and when you complain;
Generally, they go to the labor inspection department, and after complaining, they will order the boss to pay wages in a timely manner; It is also possible to apply for labor arbitration, where the employee is found to be in arrears of wages and recover wages during the existence of the labor relationship;
There will be no limitation period for arbitration, and once you leave your job, you will have to file a complaint within one year from the date of termination of the employment relationship. Finally, other relevant evidence can also be collected and filed in court.
2. How to compensate for accidents at work.
First of all, it depends on whether it is an employment relationship or an employment relationship. In the case of an employment relationship, the employer shall be liable for compensation for personal injuries suffered by the employee in the course of employment activities. If it is a labor relationship, it shall be treated as a work-related injury, and if the work-related injury is caused by a third party, the work-related injury insurance shall have the right to recover from the third party after the work-related injury insurance is paid in advance.
3. What should I do if I don't pay the money on the construction site?
In the event of non-payment of wages on the construction site, it is necessary to collect specific evidence, such as labor contracts, arrears IOUs, personal information of the boss, or other payment vouchers, etc., if it is a part of the arrears of wages, write written materials, complain and report to the labor inspection department with jurisdiction, and if it is still impossible, file a lawsuit with the court within the statute of limitations. If the payment for the supply of goods to the construction site is not in arrears, the only way to solve it is to sue the court.
Article 17 of the Regulations on Work-related Injury Insurance stipulates that 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, 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 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 the occupational disease of the employer, directly submit an application for recognition of work-related injury to the social insurance administrative department of the coordinating area where the employer is located.
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 the 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 that comply with the provisions of these Regulations during this period.
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