If you have a work injury at work in a factory, you are not protected by labor law when you are old?

Article 30 The food subsidy for the hospitalization of the employee for the work-related injury, as well as the transportation, accommodation and transportation expenses required for the work-related injury employee to seek medical treatment outside the co-ordination area shall be paid from the work-related injury insurance, and the specific standard of payment shall be stipulated by the people of the co-ordination area.

Article 33 Where an employee is injured in an accident or suffers from an occupational disease at work and needs to suspend work to receive medical treatment for work-related injuries, the original salary and benefits shall remain unchanged during the period of suspension with pay, 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.

In accordance with Article 21 and Article 21 of these Regulations, 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, he or she shall be evaluated for his or her ability to work.

If the law does not provide for this, it is not necessarily protected by the labor law.

Of course, you can continue to work in the company.

If an employee is temporarily unable to go to work after a work-related injury, he or she may apply for suspension of work with pay or ask for sick leave from the employer; If the employee has lost or partially lost his ability to work, he or she may terminate the contract with the employer in accordance with the law and obtain the corresponding work-related injury compensation such as one-time medical allowance for good work and injury and one-time employment subsidy for disability.

Article 39 of the Labor Contract Law stipulates that an employer may terminate a labor contract if an employee falls under any of the following circumstances: 1) the employee is proved to be ineligible for employment during the probationary period; (2) Seriously violating the rules and regulations of the employer; (3) Serious dereliction of duty, malpractice for personal gain, causing major harm to the employer; (4) The worker establishes a labor relationship with another employer 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; (6) Those who have been pursued for criminal responsibility in accordance with law.

1.According to the regulations on work-related injury insurance, two things should be done after the occurrence of a work-related injury, namely, the identification and appraisal of the work-related injury and disability level, which need to be completed by two procedures and two departments respectively. Among them, the identification of work-related injuries is particularly important and is an important basis for you to claim wages and other compensation.

2.In accordance with Article 17 of the Regulations on Work-related Injury Insurance, you should apply to the local labor and social security administrative department for work-related injury determination as soon as possible and within 30 days after the accident occurred. The unit will not be so active or even do not want to declare at all.

According to the regulations, individual workers can declare.

3.The following materials shall be submitted in accordance with the provisions of the application for work-related injury determination:

Application Form for Determination of Work-related Injury;

Proof of the existence of an employment relationship (including a de facto employment relationship) with the employer;

Medical diagnosis certificate or occupational disease diagnosis 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.

4.The identification of work-related injuries is an important step in determining whether you can enjoy work-related injury insurance and its benefits in the next step, and it should be done as soon as possible. According to the provisions, the administrative department for labor and social security shall, within 60 days from the date of accepting the application for work-related injury determination, make a decision on the determination of work-related injury, and notify the employee or his immediate family members and the employee's unit in writing of the application for work-related injury determination.

5.According to the provisions of the Regulations on Work-related Injury Insurance, if an employee of an employer suffers a work-related injury during the period when the employer has not participated in the work-related injury insurance, the employer shall pay the expenses in accordance with the work-related injury insurance benefits and standards stipulated in these Regulations. The amount of compensation shall be determined according to the level of labor ability appraisal.

6.I would like to remind you that if an employee is injured in an accident at work and needs to suspend work to receive medical treatment for work-related injuries, the original salary and benefits will remain unchanged during the period of suspension of work and salary, and shall be paid by the employer on a monthly basis. Don't let the unit infringe on your legitimate rights and interests.

It can be resolved by the labor inspection department, through labor arbitration, or by filing a lawsuit in court.

If this is the case, go to the labor bureau to sue him, or have evidence to find a lawyer to appeal.

If the employee is injured during working hours and is injured due to work-related reasons, it is considered a work-related injury, and if the employer does not recognize it, the employee can bring the relevant materials to the local social security department to apply for work-related injury recognition. 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. Documents to be submitted:

Application form for work-related injury determination (**generally have** according to 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. According to different disability levels, the compensation obtained is different. The main compensation is: medical expenses, one-time disability allowance, one-time employment allowance, one-time medical allowance, salary during the period of leave of absence, food allowance, nursing expenses, etc.

4. If the employee does not have a labor contract and other evidence to prove the existence of an employment relationship, and cannot apply for a work-related injury determination, he or she can first apply for labor arbitration to confirm the existence of an employment relationship between you and the employer. After the existence of an employment relationship is confirmed by labor arbitration, an application for work-related injury determination is made.

Legal basis: Regulations on Work-related Injury Insurance

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 violence or other accidental injuries during working hours and in the workplace as a result of performing work duties; (4) Suffering from an occupational disease; (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 traffic accident or an urban rail transit, passenger ferry, or train accident for which they are not primarily responsible 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 who has any of the following circumstances shall be regarded as a work-related injury: (1) He dies of a sudden illness during working hours and at his or her post, or dies within 48 hours after rescue efforts fail; (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. 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.

Article 16 Employees who meet the requirements of Articles 14 and 15 of these Regulations, but have any of the following circumstances, must not be found to be a work-related injury or treated as a work-related injury: (1) Intentionally committing a crime; (2) Drunk or taking drugs; (3) Self-harm or suicide.

According to the process, the applicant shall first apply for the determination of the work-related injury, and the amount of compensation shall only be finalized after the appraisal of the silver is determined. 1. To apply to the Human Resources and Social Security Bureau Fengzhou (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.