What should I do if a migrant worker is injured at work, and the boss just can t do the work related

1.If the contractor does not have the qualifications to employ personnel, the contractor, i.e., the construction unit, shall be listed as the subject of the lawsuit and bear the main responsibility of the employing entity.

2.According to the Circular of the Ministry of Labor on Matters Concerning the Establishment of Labor Relations, if an employer such as a construction unit or a mining enterprise contracts out a project or management right to an organization or natural person that does not have the qualifications of an employing entity, the employer with the qualifications of the employing entity shall bear the responsibility of the employing entity for the workers recruited by the organization or natural person.

3.First of all, it is necessary to apply to the local labor department for work-related injury recognition, which is the premise of all problems, without applying for work-related injury identification, it is impossible to obtain compensation through work-related injury, if the employer does not apply, the individual employee must apply within one year from the date of injury;

4.If the injury is determined to be a work-related injury, after the injury is stabilized, you can apply for a labor ability appraisal to identify the work-related injury level, and then calculate the amount of disability compensation according to the disability level;

5.If the employer fails to fulfill the above obligations, the injured employee can file a complaint with the local labor inspection brigade or directly apply for arbitration to the labor arbitration commission to protect his or her legitimate rights and interests.

If the contractor does not have a business license, it means that the subject qualification is not legal. There are two ways to try. 1. Go to the court to sue the migrant foreman and take civil compensation.

2. The labor department and the court put pressure on the general contractor of the construction, let the general contractor (contract) unit put pressure on the contractor, and then the contractor put pressure on the contractor below. In this way, you can get some treatment according to the work-related injury standard. But it depends on the local labor department.

The second item I mentioned is that the labor department does not do it, and it is true that they cannot control the construction enterprises, and their law enforcement scope is limited.

According to the employer-employee relationship, the boss is directly sued in the court to demand compensation from the other party for your economic losses.

You can only go to the local work-related injury appraisal center where the work-related injury occurred to identify a few levels, usually a well-known local hospital or a designated hospital.

Legal analysis: Migrant workers should be compensated by a contractor or employer with the qualifications of an employing entity for their work-related injuries.

Legal basis: Provisions of the Supreme People's Court on Several Issues Concerning the Trial of Administrative Cases of Work-related Injury Insurance Article 3 The contractor is the representative of the employer who has been legally registered, and the employer to which the contractor belongs is responsible for the work-related injuries of migrant workers; If the single cover where the contractor is located is not legally registered, or is a natural person, it does not have the legal qualifications of the employing entity, and the employer with the qualifications of the employing entity shall bear the liability for work-related injury insurance. The employer or social insurance company with the qualification of the employing entity has the right to recover compensation from the contractor after assuming the liability of work-related injury insurance.

Legal analysis: It depends on the relationship between the boss and the contractor, if it is an employment relationship, the boss is responsible for the work-related injury. In the case of a contractual relationship and the worker is employed by the contractor, then the contractor is responsible for the injury.

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 in the workplace before or after working hours, engaging in work-related pre-drying or finishing work;

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 sedan car disease;

5) During the period of going out for work, the whereabouts of the accident are unknown due to injuries or accidents caused by 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.

If the contractor is injured while working for the contractor, the contractor and the construction party at the construction site shall be jointly and severally liable for compensation. If the contractor suffers personal injury in the course of employment activities due to the employment relationship, the contractor shall of course be liable for compensation. The construction company was at fault for subcontracting the project to a contractor who did not have construction qualifications, and therefore should be jointly and severally liable for compensation.

Article 3 of the Provisions of the Supreme People's Court on Several Issues Concerning the Trial of Administrative Cases Involving Work-related Injury Insurance refers to social insurance if the administrative department for social insurance determines that the following units are the units that bear the responsibility for work-related injury insurance, the people's court shall support them: (1) the employee establishes labor relations with two or more units, and when the work-related accident occurs, the unit for which the employee works is the unit that bears the work-related injury insurance liability; (2) If an employee dispatched by a labor dispatch unit is injured due to work during the period of work in the employing unit, the dispatching unit shall be the unit that bears the liability for work-related injury insurance; (3) If the unit assigns to work in other units the job disorder and does not work due to work, the assigned unit shall be the unit that bears the responsibility of work-related injury insurance.

If a migrant worker is injured at a construction site and first applies to the social insurance administrative department for a work-related injury, and if the employer fails to apply for a work-related injury determination in accordance with the law, the injured worker or his close relatives may apply for a work-related injury determination; After it is determined that it is a work-related injury (if it constitutes a disability, it will be applied for work-related injury appraisal again), and the work-related injury insurance benefits shall be claimed in accordance with the law.

Work-related injury insurance is the responsibility of the employer, and if the contractor does not have the qualifications of the employer, the employer with the qualification of the employer shall bear the responsibility of the employer. If the employer fails to purchase work-related injury insurance for the employee in accordance with the law, it may request the employer to pay compensation for the standard of work-related injury insurance benefits, or it can apply for work-related injury insurance** to pay work-related injury insurance benefits in advance.

Legal basis: 1. Notice on Issues Concerning Migrant Workers' Participation in Work-related Injury Insurance

2. Migrant workers participating in work-related injury insurance and enjoying work-related injury insurance benefits in accordance with the law are the basic rights and interests granted by the "Regulations on Work-related Injury Insurance" to the employees of all types of employers, including migrant workers, and migrant workers recruited by all types of employers have the right to enjoy work-related injury insurance benefits in accordance with the law.

2. Notice on Matters Concerning the Establishment of Labor Relations

4. Where an employer such as a construction or mining enterprise contracts out a project (business) or management right to an organization or natural person that does not have the qualifications of an employing entity, the employer with the qualifications of an employing entity shall bear the responsibility for employing the laborers recruited by the organization or natural person.

5. If a dispute arises between the employee and the employer over the existence of an employment relationship, he or she may apply to the labor dispute arbitration commission with jurisdiction for arbitration.

3. Social Insurance Law

Article 41 Where an employee's employer fails to pay work-related injury insurance premiums in accordance with law, and a work-related injury accident occurs, the employer shall pay 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 63 of this Law.

5. 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 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, 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 an 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 incurred during this period that comply with the provisions of these Regulations.

What should I do if a migrant worker is injured on the construction site and goes to the hospital, but he can't afford to pay the medical bills, and the contractor and the construction unit refuse to pay?

Legal analysis: if the boss does not compensate for the occurrence of a work-related accident, it is recommended to apply for work-related injury appraisal in accordance with the process, and then the amount of compensation can be determined according to the appraisal level, if the boss can not compensate on time, you can complain to the local social security bureau, and then the two parties will coordinate, if the boss still does not compensate, then you can go through legal procedures to resolve.

Legal basis: Regulations on Work-related Injury Insurance

Article 17 An injured worker, his or her immediate family members, or a 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 apply for recognition of work-related injury to the labor and social security administrative department of the coordinating area where the employer is located.

Article 14 In any of the following circumstances, an employee shall be deemed to have suffered a work-related injury: (1) he or she is 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) Suffering from violence or other accidental injuries during working hours and in the workplace due to the performance of work duties; (4) Suffering from occupational diseases; (5) During the period when they are away for work, they are injured due to work reasons or their whereabouts are unknown in an accident; (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.

Article 15 An employee shall be deemed to have suffered a work-related injury under any of the following circumstances: (1) He or she dies of a sudden illness during working hours and at work, or dies within 48 hours after rescue fails; (2) Suffering harm in emergency rescue and disaster relief or other activities to preserve the national interest or the public interest; (3) Employees who previously served in the army, were disabled due to injuries sustained in war or in the line of duty, and have obtained a certificate of disabled revolutionary servicemen, but were injured after arriving at the employer.

Legal analysis: if the boss does not compensate for the occurrence of a work-related accident, it is recommended to apply for work-related injury appraisal in accordance with the process, and then the amount of compensation can be determined according to the appraisal level, if the boss can not compensate on time, you can complain to the local social security bureau, and then the two parties will coordinate, if the boss still does not compensate, then you can go through legal procedures to resolve.

Legal basis: Regulations on Work-related Injury Insurance

Article 17 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 submit an application for recognition of work-related injury to the labor and social security administrative department of the area where the unit is located.

Article 14 An employee shall be deemed to have suffered a work-related injury if he or she falls under any of the following circumstances: (1) he or she is 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) Suffering from violence or other accidental injuries during working hours and in the workplace due to the performance of work duties; (4) Suffering from occupational diseases; (5) During the period when they are away for work, they are injured due to work reasons or their whereabouts are unknown in an accident; (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.

Article 15 An employee shall be deemed to have suffered a work-related injury under any of the following circumstances: (1) He or she dies of a sudden illness or dies within 48 hours after rescue efforts are ineffective during working hours and at work; (2) Suffering harm in emergency rescue and disaster relief or other activities to preserve the national interest or the public interest; (3) Employees who previously served in the army, were disabled due to injuries sustained in war or in the line of duty, and have obtained a certificate of disabled revolutionary servicemen, but were injured after arriving at the employer.