How to compensate for the injury of an hourly worker, and how to compensate for the injury of an hou

Hourly workers can enjoy the same medical treatment as regular workers in case of work-related injuries, and claim compensation for medical expenses, accommodation and food subsidies, transportation expenses, ** expenses, suspension of work, and equipment and auxiliary expenses. Hourly wages are calculated on an hourly basis, and generally hourly workers will calculate the hours worked after working on the same day, and hourly workers refer to workers who have an employment relationship within the legal working age.

Legal analysis

If an hourly employee is injured, the employing company is required to compensate for medical expenses. In general, the relationship established between an hourly employee and the employer in a legal nature is a labor relationship, which is different from an employment relationship, and since both parties are not at fault for the occurrence of the damage, the principle of fairness applies, that is, the beneficiary shall make appropriate compensation for the economic losses of the injured party within the scope of benefits, rather than compensation. According to the provisions of the Labor Law, all employees are employees under the labor contract system, and there is no distinction between formal and temporary workers, only the length of the contract is different.

If a temporary worker is injured in an accident during working hours, at the place of work, or while performing work tasks, it shall be deemed to be a work-related injury and shall be entitled to work-related injury insurance benefits in accordance with law. If the employer participates in the work-related injury insurance, the work-related injury insurance** and the employer shall jointly pay the relevant benefits; If the employee does not participate in the work-related injury insurance, the employer shall pay all benefits. All employees of an employer, whether they are enterprise cadres, technicians, managers, permanent workers, contract workers, or temporary workers, who are injured on the job in the course of work, shall be provided with medical treatment by the employer, and hourly employees are no exception.

Hourly workers are also considered laborLaws and Regulations

The scope of protection should be enjoyed if injured at work.

Legal basis

Labor Law of the People's Republic of China Article 73 Workers shall enjoy social insurance benefits in accordance with law under the following circumstances: (1) retirement; (2) Illness or injury; (3) Suffering from work-related disability or occupational disease; (4) unemployment; (5) Childbirth. After the death of a worker, his surviving family members are entitled to survivors' allowances in accordance with the law.

The conditions and standards for workers to enjoy social insurance benefits shall be prescribed by laws and regulations. Social insurance contributions must be paid in full and on time.

Social Insurance Law of the People's Republic of China Article 2 The State shall establish social insurance systems such as basic endowment insurance, basic medical insurance, work-related injury insurance, unemployment insurance, and maternity insurance, to protect citizens' right to receive material assistance from the State and society in accordance with law in the event of old age, illness, work-related injury, unemployment, childbirth, etc.

Part-time workers and employers are not in a labor relationship. Article 10 of the Minutes of the 2015 National Civil Trial Work Conference mentions: "To accurately understand the provisions of Article 35 of the Tort Liability Law, only when a labor relationship is formed between two natural persons, the determination of the subject of responsibility arising from the injury caused by an individual to others or to himself or herself caused by the service shall be applied."

Interpretation of the Tort Liability Law (Second Edition): In this article, the term 'party accepting services' only refers to the work-related disputes of natural persons, individual industrial and commercial households, and employees of partnerships, which shall be handled in accordance with the provisions of Article 34 of this Law for employers. ”

Hourly workers can claim compensation from their employers if they are injured. If the act of a third party causes damage to the party providing the services, the party providing the services has the right to request the third party to bear tort liability, and also has the right to request the party receiving the services to compensate for the damages. After receiving compensation from the labor party, it may seek compensation from a third party.

1. First apply to the labor and social security administrative department for work-related injury recognition. Within one year from the date of the accident injury or the date of diagnosis or appraisal of an occupational disease, the injured employee or his immediate family members or trade union organization may directly apply 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 the accident injury or the date of diagnosis or appraisal of the occupational disease. The administrative department for labor and social security shall, within 60 days from the date of accepting the application for determination of work-related injury, make a decision on the determination of work-related injury, and notify the employee or his immediate family members and the worker's unit in writing of the application for work-related injury determination.

2. After the work-related injury is identified, the labor ability appraisal will be carried out. If an employee suffers a work-related injury and has a disability that affects his or her ability to work after the injury is relatively stable, an appraisal of his or her ability to work shall be conducted. Labor ability appraisal refers to the grading appraisal of the degree of labor dysfunction and the degree of self-care impairment.

There are 10 levels of disability for labor dysfunction, with the most severe being level 1 and the least being level 10. There are three levels of self-care disorders: complete inability to take care of oneself, inability to take care of oneself most of one's life, and partial inability to take care of oneself in life.

3. Enjoy work-related injury insurance benefits according to the identified labor ability level.

The workers' compensation rates are as follows:

1. Treatment (medical) expenses: must meet the requirements of 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;

2. Hospitalization meal subsidy: 70% of the inpatient meal subsidy standard will be issued by the unit according to the standard of the unit's meal subsidy for business trips;

3. **** fee: If it meets the provisions of the third paragraph of this article in the catalogue of work-related injury insurance diagnosis and treatment items, the catalogue of work-related injury insurance drugs, and the work-related injury insurance hospitalization service standards, it shall be subject to work-related injury.

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 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 area. 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 or his close relatives or 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 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.

Legal Analysis: The relationship established by the general temporary worker and the employer in the legal nature is a labor relationship, which is different from the employment relationship, because both parties are not at fault for the occurrence of the damage, so the principle of fairness applies, that is, the beneficiary shall make appropriate compensation for the economic losses of the injured party within the scope of benefits instead of compensation.

Legal basis: Labor Contract Law of the People's Republic of China

Article 46 In any of the following circumstances, the employer shall pay economic compensation to the laborer under any of the following circumstances:

1) The worker terminates the labor contract in accordance with the provisions of Article 38 of this Law;

2) The employer proposes to terminate the labor contract to the employee in accordance with the provisions of Article 36 of this Law and terminates the labor contract through consultation with the employee;

3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law;

4) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law;

5) Terminating a fixed-term labor contract in accordance with the provisions of Paragraph 1 of Article 44 of this Law, except in the case where the employer maintains or improves the agreed conditions of the labor contract and the employee does not agree to renew the labor contract;

6) Termination of the labor contract in accordance with the provisions of Paragraphs 4 and 5 of Article 44 of this Law;

7) Other circumstances provided for by laws and administrative regulations.

Article 47 The calculation of economic compensation shall be paid to the worker according to the standard of one month's salary for each full year of the worker's service in the unit. where it is more than six months but less than one year, it is calculated as one year; If it is less than six months, the worker shall be paid half a month's salary. If the monthly wage of a worker is three times higher than the average monthly wage of the employee in the previous year announced by the people of the municipality directly under the Central Government or the city divided into districts where the employer is located, the standard of severance shall be paid to him at the rate of three times the average monthly wage of the employee, and the maximum period of payment of severance shall not exceed 12 years.

The term "monthly wage" mentioned in this article refers to the average salary of an employee in the 12 months prior to the termination or dissolution of the labor contract.

Hourly workers can claim compensation through negotiation, mediation, arbitration, or civil litigation.

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 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 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 or his close relatives or 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 coordinating area where the employer is located.

Civil Procedure Law of the People's Republic of China

Article 110:Where people's courts rule to enforce first, they shall meet the following requirements for group initiation:

1) The relationship between the rights and obligations of the parties is clear, and failure to enforce it in advance will seriously affect the applicant's livelihood or production and operation;

2) The respondent has the ability to perform.

The people's court may order the applicant to provide a guarantee, and if the applicant does not provide a guarantee, the application shall be rejected. If the applicant loses the lawsuit, it shall compensate the respondent for the property losses suffered by the respondent as a result of the prior enforcement.

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; Tan.

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.

Generally, the contractor who is temporarily brought in shall bear the work-related injury benefits, and if he is unable to bear it, the employer shall bear it.

Temporary workers belong to wage labor and do not belong to labor relations, but since the employment relationship is established, the medical expenses should also be borne by the boss. If the boss does not fulfill his responsibilities, he can go to court to sue according to the employment relationship, but there must be some evidence, such as the testimony of other workers, and the disability evaluation.

Although the part-time worker has signed the corresponding labor contract, when the part-time worker suffers some work-related injuries in the course of work, the employing company must bear the necessary compensation liability, and deal with the compensation of different amounts in accordance with the corresponding work-related injury management insurance regulations.

Determination of work-related injuries of temporary workers:

1. If the employer causes a temporary worker to suffer a work-related injury during the illegal use of a temporary worker, the employer shall bear the work-related injury benefits of the temporary worker. The labor administrative department shall punish the employer in accordance with the relevant regulations. If the person in charge of the contractor illegally uses temporary workers and causes a work-related accident, he shall bear the work-related injury benefits of the temporary worker; If the person in charge of the contractor is really unable to bear it, the employer shall bear it.

2. When the construction project is contracted by a number of enterprises or the enterprise implements internal and external business contracting, the work-related injury insurance liability shall be borne by the enterprise where the employee's labor relationship is located.

3. Temporary and seasonal production and work positions still need to use temporary workers, and if they die on the job or lose their ability to work due to disability on the job, they shall be subject to the labor insurance benefits of permanent workers.

4. It is clearly stipulated in the "Conditions for Work-related Injury Insurance" that employees of all types of enterprises and employees of individual industrial and commercial households within the territory of the People's Republic of China have the right to enjoy work-related injury insurance benefits in accordance with the provisions of these Regulations. That is to say, temporary workers, like employees of enterprises, should be recognized as work-related injuries or treated as work-related injuries if they meet the statutory requirements.

Legal Analysis: The employer is liable for injuries sustained while an employee is engaged in employment.

Legal basis: According to Article 14 of the Regulations on Work-related Injury Insurance, if an employee has any of the following circumstances, it 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 an occupational disease; 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.