How to compensate for being dismissed after being injured in the unit

According to Article 48 of the Labor Contract Law, if an employer dissolves or terminates a labor contract in violation of the provisions of this Law, and the employee requests to continue to perform the labor contract, the employer shall continue to perform the labor contract; The employee does not request to continue to perform the labor contract or the labor contract can no longer be performed.

Article 47 Economic compensation shall be paid to the worker according to the number of years he or she has worked in the unit and one month's salary for each full year. 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.

Article 87 Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the worker in accordance with twice the standard of economic compensation provided for in Article 47 of this Law.

You can ask your employer to compensate you for the number of years.

The employee may apply for labor arbitration and claim compensation for work-related injury benefits and illegal dismissal; Of course, it is necessary to go through the work-related injury identification and labor ability appraisal first.

1. To apply to the Human Resources and Social Security Bureau (formerly the Labor Bureau) for work-related injury identification, the company needs to report within one month of the accident, if the company does not apply, the injured employee or his close relatives shall apply for recognition within one year. Materials to be submitted: application form for work-related injury determination (**generally ** from the Labor Bureau), proof of labor relationship with the employer, medical diagnosis certificate, etc.;

2. If there is a disability that affects the ability to work after the injury is relatively stable, the applicant shall apply for labor ability appraisal and submit an application to the labor ability appraisal committee of the city divided into districts (generally established in the human resources and social security bureau at the same level);

3. The compensation standards are different from province to province. Depending on the level of disability, the compensation received is not the same. The main compensation is:

Medical expenses, one-time disability allowance, one-time disability employment subsidy, one-time medical subsidy for work-related injuries, wages during the period of leave of absence, food allowance, nursing expenses, etc.

This needs to see if your injury is a work injury:

1. If it is a work-related injury, the unit shall apply for work-related injury, and if the unit does not buy insurance, it shall compensate for work-related injury benefits. If you have been identified as partially out of work, you cannot be discharged.

2. If it is not a work-related injury, if you are within the prescribed medical treatment period, the employer cannot dismiss you.

3. If there is no injury in time, the unit cannot be dismissed casually without a legal reason.

If the unit violates the law, it may constitute illegal termination and compensation needs to be paid. Or you can ask for the reinstatement of the employment relationship.

Of course, if you seriously violate the company's rules and regulations, the unit can directly fire you.

The injured employee was dismissed by the company. Of course, the company needs a reason for you to dismiss you, if this reason. If you can't protect your labor rights and your personal rights, you should do it.

The higher labor arbitration department went to appeal. Go complain. Because sometimes injured employees are injured in the line of duty many times, if the injury is in the line of duty, the company does not fully compensate you for this sacrifice and mental loss.

It is completely possible to refuse to be dismissed. Complain or look for it in disguise. The relevant legal aid department will seek help.

During the period of injury, the company shall not dismiss the employee, and shall compensate for lost work expenses and medical expenses, etc., and can file a complaint with the local labor department to protect their rights.

Employees who are dismissed during the period of work-related injury may apply for labor arbitration. During the period of work-related injury, the employer shall not unilaterally terminate the employment relationship. In order to protect the legitimate rights and interests of employees, the law clearly stipulates that labor contracts shall not be terminated at will.

If an employer terminates the employment relationship without authorization during the period of work-related injury, it clearly violates the clear provisions of the Labor Contract Law.

If the termination meets the requirements set forth in Article 46 of the Labor Contract Law, economic compensation shall be given in accordance with Article 47.

Other terms are not compensated.

If the employer fails to terminate the employer in violation of the terms and conditions, the employee may request continued performance or double compensation.

If you are injured at work, you can apply for compensation from the company, and it is not possible to dismiss unless you negotiate dismissal. If you are injured during non-working hours, you cannot be dismissed, but you can negotiate a resignation. After all, if you can't go to work, the company needs someone to do the work.

If an employee is injured while on the job and is dismissed by the company, it is not legal for the company to do so. The company cannot dismiss the injured employee, but according to the condition of the injury, it must give the corresponding **, and at the same time give the work-related injury pay and leave during the ** period.

Employees who have been injured at work. The company cannot dismiss the employee, and if the company dismisses the injured employee, it must make a lump sum compensation for the work-related injury. These provisions are stipulated in the labor law.

He should not be dismissed by that unit, because his unit has the right to protect the injured employee, because of the injury suffered by his company, why should he be heartbroken? If we don't do it, it's okay, but if he dismisses us, it's not illegal and immoral, so you can go to the relevant departments to appeal.

The company is not entitled to dismiss an injured employee during the period of work-related injury. If an injured employee is dismissed by the company during the injury, he or she can file a lawsuit directly with the company.

This depends on whether you are injured or not. If it is a work-related injury, the work-related injury benefits should be compensated, and the labor force cannot be discharged. If it is not a work-related injury, the employer cannot dismiss you during the prescribed medical treatment period.

If an injured employee is dismissed by the employer, he or she may file a complaint with the local social security department to protect his or her legitimate rights and interests.

This kind of direct to the labor bureau to sue him, a notice is allowed, normally you can't dismiss the employee, the dismissal is to pay compensation, not to mention that you are still injured and you can't be dismissed.

If it is not legal, you should bring the relevant materials to the local labor and social security department for arbitration to protect your legitimate rights and interests.

What should I do if an injured employee is fired by the company? In this case, you have to ask the company to compensate you. Because you were injured in this company.

It depends on how the labor contract is determined, whether it is injured during working hours, or personal injury must be signed clearly, different circumstances, the results of the treatment are also different, I hope to negotiate with the company, get a satisfactory solution.

If the employee is dismissed by the company due to a work-related injury, the employee may request the employer to pay economic compensation, and if the labor contract is settled in violation of the provisions of the Labor Contract Law, the employee may also request the employer to pay twice the economic compensation.

You can go to the local labor department to apply for arbitration. Employees cannot be dismissed by the company after being injured, which requires compensation, you can keep the evidence, and then go to the complaint.

If the company resigns without cause after a work-related injury, the employer may be required to pay the corresponding work-related injury benefits, and the employer may also be required to pay compensation equal to twice the economic compensation for the illegal termination of the labor contract.

Article 48 of the Labor Contract Law If an employer dissolves or terminates a labor contract in violation of the provisions of this Law, and the employee requests to continue to perform the labor contract, the employer shall continue to perform it; If the employee does not request to continue to perform the labor contract or the labor contract can no longer be performed, the employer shall pay compensation in accordance with Article 87 of this Law.

Article 82 Where an employer fails to conclude a written labor contract with a worker for more than one month but less than one year from the date of employment, it shall pay the worker twice the monthly wage.

Legal analysis: If the company cannot dismiss an employee during the period of work-related injury, the labor law stipulates that if the employee suffers from an occupational disease or is injured due to work-related injuries and is confirmed to have lost or partially lost the ability to work, or is sick or injured, the employer shall not terminate the labor contract within the prescribed medical treatment period.

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

Article 37 A worker may terminate a labor contract by notifying the employer in writing 30 days in advance. The employee may terminate the labor contract by notifying the employer three days in advance during the probationary period.

Article 38 An employee may terminate a labor contract under any of the following circumstances:

1) Failure to provide labor protection or working conditions in accordance with the provisions of the labor contract, (2) Failure to pay labor remuneration in full and in a timely manner, (3) Failure to pay social insurance premiums for the employee in accordance with the law, (4) The rules and regulations of the employer violate the provisions of laws and regulations, and damage the rights and interests of the employee, (5) The labor contract is invalid due to the circumstances specified in Paragraph 1 of Article 26 of this Law, and (6) Other circumstances in which the labor contract may be terminated by laws and administrative regulations.

If an employer forces an employee to work by means of violence, threats or illegal restriction of personal freedom, or if the employer directs or forces the employee to perform risky work in violation of rules and regulations and endangers the employee's personal safety, the employee may immediately terminate the labor contract without prior notice to the employer.

Article 39 The employer may terminate the labor contract under any of the following circumstances:

1) During the probationary period, it is proved that the employee does not meet the employment requirements, (2) seriously violates the rules and regulations of the employer, (3) seriously dereliction of duty, engages in malpractice, and causes major damage to the employer, (4) the employee establishes labor relations with other employers at the same time, which seriously affects the completion of the work tasks of the employer, or refuses to make corrections upon the employer's request, (5) the labor contract is invalid due to the circumstances specified in Item 1, Paragraph 1 of Article 26 of this Law, and (6) is investigated for criminal liability in accordance with law.

Article 40 Under any of the following circumstances, the employer may terminate the labor contract after notifying the employee in writing 30 days in advance or paying the employee an additional month's salary:

(1) The worker is sick or injured not due to work, and is unable to perform the original job or work arranged by the employer after the expiration of the prescribed medical treatment period, (2) the worker is incompetent for the job, and is still incompetent for the job after training or job adjustment, (3) the objective circumstances on which the labor contract is based have changed significantly, making it impossible to perform the labor contract, and the employer and the employee have failed to reach an agreement on changing the content of the labor contract after consultation.

Legal Analysis: If a worker is dismissed due to illness or non-work-related injury, the employer shall provide economic compensation in accordance with relevant national regulations. They can also enjoy social insurance benefits in accordance with the law.

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

Article 26 Under any of the following circumstances, the employer may terminate the labor contract, but shall notify the worker in writing 30 days in advance: (1) the worker is sick or injured not due to work, and after the expiration of the medical treatment period, the worker is unable to perform the original job or the work arranged by the employer; (2) The worker is incompetent for the job, and is still incompetent for the job after training or job adjustment; (3) There is a major change in the objective circumstances on which the labor contract was concluded, making it impossible to perform the original labor contract, and the parties cannot reach an agreement on the modification of the labor contract after consultation.

Article 28 Where an employer terminates a labor contract in accordance with the provisions of Articles 24, 26 and 27 of this Law, it shall give economic compensation in accordance with the relevant provisions of the State.

Article 73 Laborers 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 to those who are in need of labour must be paid in full and on time.

How to pay if you are injured at work and are dismissed by the company?

1. Economic compensation shall be paid to the laborer according to the number of years of service in the unit and the standard of one month's salary for each full year. if it is more than six months but less than one year, it shall be calculated as one year; If it is less than six months, the worker shall be paid half a month's salary. 2. The monthly wage referred to in this branch refers to the average salary of the employee in the 12 months prior to the termination or termination of the labor contract.

3. If the employer terminates the labor relationship in violation of the law, it can demand double the compensation.

During the probationary period, if the employee is injured at work, he or she can apply for a work-related injury determination and request for work-related injury benefits. In addition, the employer is required to pay compensation and pay 2 months' wages for 1 year of service.

During the probationary period, if the employee is injured not due to work, and the employer proposes to terminate the employment relationship during the medical treatment period, it is an illegal termination, and the employer shall pay compensation of 1 month's salary and 6 to 12 months of medical subsidy. If the employer terminates the employee after the end of the medical treatment period, the employer shall pay half a month's salary and 6 to 12 months' medical subsidy.

Article 87 of the Labor Contract Law: If an employer dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the employee in accordance with twice the standard of economic compensation stipulated in Article 47 of this Law.

Article 14 of the Regulations on Work-related Injury Insurance 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) Being injured in an accident during working hours and in the workplace due to work-related reasons;

2) Being injured in an accident while engaged 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) 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.

Article 15 In any of the following circumstances, an employee shall be deemed to have suffered a work-related injury:

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, 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.

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; Employees who have the circumstances in item (3) of the preceding paragraph shall enjoy work-related injury insurance benefits other than a one-time disability subsidy in accordance with the relevant provisions of these Regulations.