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Sudden illness in the course of work is not a work-related injury.
In accordance with the 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;
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 An employee shall be deemed to have suffered a work-related injury under any of the following circumstances:
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.
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If you are working on a construction site.
That is a work-related injury, there is no problem, you have to go to the boss to ask for compensation, if you don't give it to you, that is to go to the labor bureau to complain.
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1. You can apply for recognition of work-related injuries.
2. After the work-related injury is identified, if the disability is constituted, the disability level can also be assessed.
3. After the disability level is out, you can apply to the arbitration commission for an award and ask the employer to pay compensation.
Work-related injuries are also known as "work-related injuries" and "work-related injuries". Employees are injured in production or work. According to the provisions of the state, those who are injured while performing routine work and work temporarily designated or agreed by the enterprise administration, engaging in work that is not designated by the enterprise administration but are beneficial to the enterprise in an emergency, and engaging in invention or technological improvement work are all work-related injuries.
The Regulations of the People's Republic of China on Labor Insurance, amended and promulgated by the Government Council on January 2, 1953, stipulate that if a worker or employee is injured on the job, all the expenses for diagnosis and treatment, medicine, hospitalization, meals and travel expenses for medical treatment shall be borne by the enterprise administration. Wages are paid during the medical treatment period; When the person is determined to be disabled, the employee shall be paid a monthly disability pension or work-related disability allowance from the labor insurance premium, depending on the degree of disability.
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Paragraph 2 of Article 42 of the Regulations of Guangdong Province on Work-related Injury Insurance: In the event of a work-related injury accident in an illegally contracted construction project, the work-related injury treatment of the worker shall be borne by the subcontractor or the contractor, and the subcontractor or the contractor shall have the right to recover compensation from the contract-issuing party after assuming the work-related injury insurance liability. If an employee is injured in a work-related accident while on secondment, the original employer shall bear the work-related injury insurance liability, but the original employer and the secondment unit may agree on compensation methods.
Article 94 of the Labor Contract Law of the People's Republic of China: If an individual contractor recruits a worker in violation of the provisions of this Law and causes damage to the worker, the contracting organization and the individual contractor shall be jointly and severally liable for compensation.
Article 4 of the Notice on Matters Concerning the Establishment of Labor Relations: If the project (business) or management rights of an employer such as a construction or mining enterprise are contracted 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.
Article 7 of the Opinions of the Ministry of Human Resources and Social Security on Several Issues Concerning the Implementation of the Regulations on Work-related Injury Insurance: If a contractor with the qualifications of an employing entity violates the provisions of laws and regulations by subcontracting or subcontracting the contracting business to an organization or natural person that does not have the qualifications of an employing entity, and the worker recruited by the organization or natural person engages in the contracting business due to work, the contractor with the qualification of the employing entity shall bear the work-related injury insurance liability that the employer shall bear in accordance with the law.
3. If it is a construction site contracted by an individual, or a worker temporarily employed by the company, who is engaged in relevant temporary work in the company, then if the injury is made at the construction site, the two parties shall belong to the labor relationship, and the injured person shall claim compensation according to the relevant standards of personal injury on the basis of the dispute over the liability of the person providing the labor service.
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If there is a labor contract and the construction unit has insurance, it can report the work-related injury, and the employer should also give appropriate compensation. If there is no employment contract and the employer is not insured, then you can claim compensation from the employer according to your own losses, including medical expenses, lost work expenses, nutrition expenses, and if you cause disability, you should also have appropriate compensation.
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There is usually no contract for this kind of work.
Such a high salary may be.
So it's up to you to take care of the safety factor.
So the boss may not compensate you for any money.
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The compensation for injuries sustained while working on a construction site is as follows:
1. The laborer was injured while working at the construction site
1) If it is a work-related injury, the work-related injury insurance should pay for medical expenses, hospital meal subsidies, transportation and accommodation expenses for medical treatment outside the overall planning area, and the unit shall compensate for the wages and other expenses during the work-related injury;
2) If it is not a work-related injury, the infringer shall pay for medical expenses, lost work expenses and other expenses in accordance with the law.
2. If the employer fails to pay work-related injury insurance, the employer shall bear the responsibility because there are relevant laws and regulations, and if the employer violates the provisions of the state and defaults on or fails to pay the labor remuneration in full, or is in arrears of medical expenses, economic compensation or compensation for work-related injuries, the employee may file a complaint with the labor administrative department, and the labor administrative department shall deal with it in accordance with the law.
Legal basisArticle 62 of the Regulations on Work-related Injury Insurance.
If an employer is required to participate in work-related injury insurance in accordance with the provisions of these Regulations but fails to do so, the social insurance administrative department shall order it to participate within a time limit, pay back the work-related injury insurance premiums that should be paid, and impose a late fee of 5/10,000 per day from the date of non-payment; If the payment is still not made within the time limit, a fine of not less than 1 time but not more than 3 times the amount of the outstanding payment shall be imposed.
If an employee of an employer who is required to participate in work-related injury insurance in accordance with the provisions of these Regulations but does not participate in work-related injury insurance suffers a work-related injury, the employer shall pay the expenses in accordance with the items and standards of work-related injury insurance provided for in these Regulations.
After the employer participates in the work-related injury insurance and pays the work-related injury insurance premiums and late fees that should be paid, the work-related injury insurance base and the employer shall pay the newly incurred expenses in accordance with the provisions of these Regulations.
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Legal analysis: construction sites are high-risk workplaces, and workers are prone to accidental injuries when carrying out construction operations. According to China's "Labor Contract Law" and "Regulations on Work-related Injury Insurance" and other relevant laws and regulations, construction enterprises should purchase work-related injury insurance for workers and be responsible for the safety and health of workers.
In the event of a work-related accident, the construction enterprise shall report the case as soon as possible, conduct an investigation, and compensate in accordance with relevant regulations.
Legal basis:1Article 42 of the Labor Contract Law of the People's Republic of China stipulates that an employer shall take necessary measures to protect the personal rights and interests of employees and prevent accidental injuries in the course of work.
2.Article 14 of the Regulations of the People's Republic of China on Work-related Injury Insurance: An employer shall take out work-related injury insurance for its employees.
3.Article 145 of the Criminal Law of the People's Republic of China: If a unit violates safety management regulations and causes serious dispersal to workers, the responsible personnel and directly responsible personnel shall be investigated for criminal responsibility in accordance with law.
If you suffer from man-made injuries while working on a construction site, you should report to the police and seek legal protection in time. Construction enterprises should strictly abide by relevant laws and regulations to protect the legitimate rights and interests and personal safety of workers.
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Workers who are injured on the construction site should first apply for a work-related injury determination, and then receive different compensation according to different levels of disability. The main compensation is: medical expenses, one-time disability allowance, one-time employment allowance, one-time medical allowance, salary during the period of suspension of work, food allowance, nursing expenses, etc.
Legal basis] Article 30 of the Regulations on Work-related Injury Insurance.
Employees who are injured in accidents or suffer from occupational diseases due to work are entitled to medical treatment for work-related injuries.
Employees who are injured at work shall seek medical treatment in a medical institution that has signed a service agreement, and in case of emergency, they can first go to the nearest medical institution for first aid.
**If the expenses required for work-related injury sales meet the requirements of work-related injury insurance diagnosis and treatment items, work-related injury insurance drug list, and work-related injury insurance hospitalization service standards, they shall be paid from work-related injury insurance**.
If you still have questions about this issue, it is recommended that you organize the relevant information and communicate with a professional in detail.
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