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The amount of compensation can only be determined after the work-related injury identification and labor ability appraisal are carried out first, and the disability level is determined.
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It is recommended to conduct a work-related injury appraisal, and the employer should compensate for it. If you still have any questions, you can search for ** in my name, there are many lawyers who offer free ** consultations, I hope to be able to help you.
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1. According to the relevant provisions of the Regulations on Work-related Injury Insurance, there is no doubt that it can be recognized as a work-related injury. 2. The division of responsibilities should be based on the actual situation: first, the unit should have sufficient risk awareness and provide safe operating conditions for employees and employees.
On snowy days, the driver does not have a safety anti-slip mat, to see whether the driver has asked the unit to install, if so, the unit has not listened to the suggestions for installation, then the unit is fully responsible; According to the driver's professionalism, the driver did not ask for the installation, and the driver had to bear secondary responsibility. 3. The compensation standard is: compensation in accordance with the regulations on work-related injury insurance, and I will no longer post it.
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Legal Analysis: Identification and Compensation of Work-related Injuries: Workers are injured in accidents due to work-related reasons; Accidental injuries such as violence or occupational diseases caused by the performance of work duties; If it is injured due to work-related reasons or an accident in which the whereabouts are unknown, it shall be found to be a work-related injury.
If it is determined that it is a work-related injury, the required work-related injury compensation shall be paid from the work-related injury insurance**.
Legal basis: 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) 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) 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.
Obtaining the application for work-related injury recognition is only the first step in the work-related injury determination. The deceased can only be cremated after obtaining the work-related death certificate from the enterprise and the work-related injury insurance institution and entering the work-related death compensation procedure. >>>More
1. Fill in with a pen or signature pen, and the font is neat and clear. >>>More
Legal analysis: The limitation period for applying for arbitration for labor disputes arising from an application for compensation after a work-related injury has been determined is one year, calculated from the date on which the parties knew or should have known that their rights had been infringed. If the statute of limitations for arbitration is suspended due to force majeure or other legitimate reasons, the limitation period for arbitration shall continue to run from the date on which the reasons for the suspension are eliminated. >>>More
The employee has applied for work-related injury identification, and the accident is a work-related accident, so the employee's work-related injury can enjoy work-related injury treatment, and there is no need to re-apply for work-related injury identification. >>>More
Hello: The social insurance administrative department shall make a decision on the determination of work-related injury within 60 days from the date of acceptance of the application for work-related injury determination, and notify the employee or his close relatives and the employee's employer in writing. The social insurance administrative department shall make a decision on the determination of work-related injury within 15 days of accepting an application for work-related injury determination where the facts are clear and the rights and obligations are clear. >>>More