My relative is injured while working for a part time job, who should I ask to compensate?

According to the clear provisions of the Labor Contract Law of the People's Republic of China, all employees who provide labor services to companies or individuals shall be provided with a "Labor Contract" by the company or private unit to regulate the responsibilities and obligations of both parties and safeguard the legitimate rights and interests of both parties. Generally, after the probationary period of 3-7 days, it should be signed with the employee. 1.

According to the provisions of China's "Labor Contract Law", if your company or unit has violated the regulations, you can first complain to the Labor and Social Security Bureau, which will help you in your subsequent actions. 2.If there is a company that contracts to the contractor, and then the contractor finds someone to do the work, the situation is slightly more responsible.

First, to find the contractor first, it must be easier to deal with the contractor company, the contractor, and the workers through negotiation, otherwise the contractor will push it to the company, and the company will push it to the contractor, which will cause a very unfavorable situation for the injured. 3.File a complaint with the Labor and Social Security Bureau, then seek help from a labor arbitration institution, and if the negotiation fails, then go to the court to file a lawsuit.

Both the contractor and the company are liable for compensation and are jointly compensated. 4.When the court accepts your complaint, the first instance judgment will take effect, including the subsequent medical expenses, and all subsequent medical expenses will take effect at the first trial.

5.If the employer does not compensate, you can first complain to the Labor and Social Security Bureau that it has not signed an "employment contract" with you in accordance with the law. After that, the labor arbitration institution will seek a settlement through negotiation, and if the unit still refuses to negotiate and deal with it, the only way to file a lawsuit is to sue through the court.

The total number of steps is three steps, please note. 6.There are three types of insurance that are generally purchased by units:

First, life accident insurance. Second, medical insurance. Third, maternity insurance".

I am a lawyer, as you mentioned, 1. Apply to the labor dispute arbitration committee of the labor bureau where your relative's construction site is located for a work-related injury determination; Then, apply for arbitration, all free of charge; 2. You don't have to worry about it after applying for arbitration, they will deal with it according to law; 3. There is no need to file a lawsuit, and the arbitration decision also has legal effect.

Find a lawyer for a consultation! It shouldn't cost much! This kind of case is generally very difficult to solve...

Legal analysis: apply for the recognition of work-related injuries with sensitive limbs, then wait for the injury to be stable for labor ability appraisal, and finally compensate according to the appraisal results and work-related injury compensation standards. If an employee of an employer suffers a work-related injury during the period when he has not participated in work-related injury insurance, the employer shall pay the expenses in accordance with the work-related injury insurance benefits and standards stipulated in the Regulations on Work-related Injury Insurance.

Legal basis: Social Insurance Law of the People's Republic of China

Article 36 Where 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. The determination of work-related injuries and the evaluation of labor ability shall be simple and convenient.

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 five bridges lead-level hungry boy and the sixth-level disabled employees; (3) A one-time disability employment subsidy that shall be enjoyed when the labor contract is terminated or dissolved.

Summary. If it is not recognized at that time, then the work-related injury can no longer be recognized, and the time limit has passed.

First identify it as a work-related injury, and then see if it is enough to evaluate and locate the work-related injury level.

Hello! Compensation is then made according to the corresponding level.

Hello, is it determined that it is a work injury?

In 2005, he was injured due to a part-time job, and more than ten years have passed, and the pain in the injury is unbearable, and it was not solved at that time! What to do?

Was a work-related injury recognized at that time?

No. If it is not recognized at that time, then the work-related injury can no longer be recognized, and the time limit has passed.

Is there no way?

Is the unit where you work still available? Are there any medical records at that time?

The duration of the personal injury lawsuit is three years.

It is estimated that the lawsuit is not easy to resolve.

It is best to negotiate a solution.

Working for an individual, fractured mandible.

Was there no compensation at that time?

At that time, I was given a doctor, and there was no compensation!

Let's negotiate, go to the court and the statute of limitations has passed.

Legal Analysis: Work-related injury compensation should be applied to the human resources and social security department. The employer needs to make a declaration within one month after the occurrence of the work-related injury, and if the employer fails to make the declaration, the injured employee or his close relatives can apply for the work-related injury within one year.

If an injured employee applies on his/her own, he/she must submit an application form for work-related injury determination, a certificate of employment relationship, and a certificate of medical diagnosis. Depending on the level of determination, the amount of compensation will vary.

Legal basis: Regulations on Work-related Injury Insurance Article 33 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 injury, 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. The period of leave without 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. After the work-related injury is assessed, the original benefits shall be suspended and the disability benefits shall be enjoyed in accordance with the relevant provisions of this Chapter. 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.

If an injured employee who is unable to take care of himself needs nursing care during the period of suspension of work with pay, the unit to which he or she belongs shall be responsible.

Work-related injury compensation items: transportation and accommodation expenses for medical treatment outside the co-ordination area; Medical expenses and expenses for work-related injuries; the cost of installing and configuring disability assistive devices; **Wages and benefits during the work-related injury; For those who are unable to take care of themselves, the living care expenses confirmed by the Labor Ability Appraisal Committee; When the labor contract is terminated or dissolved, Liangdou shall enjoy a one-time medical subsidy; Other.

[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 work-related injury insurance** in accordance with national regulations:

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

2. Jingdan Mill) hospital meal subsidy;

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

Fourth, 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.

First of all, we need to confirm the labor relationship with the employer, and the first thing that comes to mind is whether there is a labor contract. If there is no labor contract, it is necessary to find other raw materials that can confirm the work relationship, such as: salary payment certificate, social insurance payment certificate, work card, door card and other raw materialsIf the employee still has disability after medical treatment, which is likely to endanger future work, he should carry out disability level appraisal, and the disability level appraisal is carried out at the expiration of the medical treatment period for work-related injuries, and if the medical treatment period is not completed, <>

However, the injured employee's condition is relatively stable after treatment, and the disability level can also be evaluated. After the impact of the work-related injury assessment is made, the employee takes the medical history raw materials to the work ability rating federation to evaluate the work ability. If the injured worker is called to work by the contractor, and the contractor is a general partner, then such a relationship is attributed to the labor relationship, and the employer shall bear civil liability if the employee is injured during the employment period in accordance with the relevant regulations.

In the employment relationship, if the employee is injured in the course of his or her work, he or she is liable for compensation in accordance with the norms of personal injury caused by a general tort. Employees can file lawsuits directly in court and <>

This kind of thing can be done without going through the labor arbitration procedure. According to Article 14 of the Regulations on Work-related Injury Insurance, "an employee shall be assessed as a work-related accident if he or she has any of the following circumstances:

Injured in an accident during working hours and in the workplace due to work-related reasons; If the above three definitions of work-related accidents are met, it is an work-related accident; In the process of operation, it is very likely that it will take one or two years to complete the application of a labor dispute, which cannot be delayed for employees who are in a disadvantaged position.

Therefore, when an employee encounters a work-related accident, he or she can first actively negotiate with the employer to deal with it. If the agreement between the two parties fails, the employee needs to apply to the local labor bureau for work-related injury appraisal and disability grade appraisal within one year from the occurrence of the work-related injury; If you are injured on the construction site, whether you sign a labor contract or not, whether the boss buys it or not, you should be treated first. All expenses incurred during the hospitalization will be paid by the CEO.

Lost work during hospitalization and recuperation is also paid by the boss. If the work-related injury level is reached, a certain amount of disability subsidy is also required, and the migrant workers generally negotiate with the boss to solve the problem, and if it is difficult to solve, they will go to the labor bureau to apply for work-related injury assessment.

At this time, you can negotiate with the construction site and apply for workers' compensation if you cause serious injuries.

Workers and their families should go to the labor bureau to defend their rights, and they can apply for work-related injury compensation and financial compensation, as well as lost work expenses.

If you work on a construction site, after being injured, the worker can defend his rights, and the general worker will sign a labor contract and have work-related injury insurance. Apply for compensation accordingly.

According to Article 2 of the Regulations on Work-related Injury Insurance, a migrant worker who is employed by a work unit shall be deemed to be an employee or employee of the employer and shall pay work-related injury insurance premiums for him/her. In accordance with the standards stipulated in the Regulations on Work-related Injury Insurance, the cost of the work-related injury insurance program for part-time employees shall be paid. Workers' compensation is classified from 1 to 10 levels and is classified according to the relevant level.

The work-related injury compensation standard shall be determined by the work-related injury appraisal results, and the compensation shall be calculated in accordance with the statutory work-related injury compensation calculation method of the work-related injury appraisal results. A lump sum disability benefit is paid by workers' compensation insurance**. The work-related injury appraisal results determine the standard of work-related injury compensation, and the relevant calculation shall be carried out in accordance with the statutory work-related injury compensation calculation method, and the final amount of work-related injury compensation shall be calculated on the basis of the work-related injury appraisal results.

Legal basis: Regulations on Work-related Injury Insurance Article 2 Enterprises, public institutions, social organizations, private non-enterprise units, associations, lawyers' firms, accounting firms and other organizations within the territory of the People's Republic of China and individual industrial and commercial households with employees (hereinafter referred to as "employers") shall, in accordance with the provisions of these Regulations, participate in work-related injury insurance and pay work-related injury insurance premiums for all employees or employees (hereinafter referred to as "employees") of the unit. Employees of enterprises, public institutions, social organizations, private non-enterprise units, associations, law firms, accounting firms and other organizations within the territory of the People's Republic of China, as well as employees of individual industrial and commercial households, shall have the right to enjoy work-related injury insurance benefits in accordance with the provisions of these Regulations.

If an employee suffers a work-related injury while working, he or she can receive the following compensation in accordance with the law: **Medical expenses and **expenses for work-related injuries; Transportation, accommodation and transportation expenses for medical treatment outside the co-ordination area; the cost of installing and configuring disability assistive devices; **Wages and benefits during the work-related injury; For those who are unable to take care of themselves, the living care expenses confirmed by the Labor Ability Appraisal Committee; A one-time medical subsidy to be enjoyed when the labor contract is terminated or dissolved; Other.

[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 work-related injury insurance** in accordance with national regulations:

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

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 or negotiation subsidy that should 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; Shirt retouched.

9) Labor ability appraisal fee.