I was injured in a coal mine outsourcing team, and the boss did not have a business license, so I co

Updated on society 2024-03-15
10 answers
  1. Anonymous users2024-02-06

    The following is the procedure for determining work-related injuries:

    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. 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 you do not have a labor contract or other evidence to prove the existence of an employment relationship, and cannot apply for a work-related injury determination, you 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.

    If it is not recognized as a work-related injury through the above means, you can only claim compensation based on the damage caused by the individual in the course of providing services.

  2. Anonymous users2024-02-05

    Compensation is provided in accordance with the Personal Injury Compensation Scheme.

  3. Anonymous users2024-02-04

    Summary. We are happy to answer for you, dear, to apply to the Human Resources and Social Security Bureau for the determination of work-related injuries, the company needs to report within one month of the accident, if the company does not apply, you can apply for recognition within one year.

    We are happy to answer for you, to apply to the Human Resources and Social Security Bureau for the identification of work-related injuries, the company needs to report within one month of the accident, if the company does not apply, you can apply for the recognition of the code within one year.

    Dear, you can go directly to the boss who is now contracting.

    Hello! I accidentally broke five ribs while working at the Songchuji Coal Mine, and now I'm doing a disability evaluation! The insurance company said that there was an error in the medical record before the time, and I went to the hospital to find the attending doctor and asked him to modify the medical record for me.

    Dear, at this time, you need to contact the current boss in **, or find financial help to issue it.

    The owner of the contracted coal mine is not there, and I am at work, what should I do if the coal mine is contracted.

    Kiss, it doesn't affect you, just find the current boss.

    The current boss of the contracted coal mine is not the same thing as the original boss.

    Kiss, as long as the sewing seal is the same.

    Who doesn't want to take responsibility, I don't even know who to turn to.

    If you don't take responsibility, it is recommended to sue the boss directly and defend your rights.

  4. Anonymous users2024-02-03

    Summary. Hello, dear. Your employer shall report the work-related injury for the employee within 30 days, and if the employer fails to do so, the individual employee may apply to the Labor Relations Department of the local social security bureau for work-related injury recognition within one year from the date of injury.

    If the boss still does not compensate, then you can go through legal procedures to settle the matter.

    I had a work injury in the coal mine, and at first the boss said that he had reported the work-related injury, but after two months, he said that he had not reported the work-related injury.

    Hello, dear. If the employer fails to declare the work-related injury, the individual worker can apply to the Labor Relations Department of the local Chunpao Tong Social Security Bureau for work-related injury recognition within one year from the date of injury. If the boss still does not compensate, then you can go through legal procedures to solve it.

    Hello, according to the relevant laws and regulations, there is Article 17 of the Regulations on Work-related Injury Insurance: If an employee is injured in an accident or is diagnosed or identified as an occupational disease in accordance with the provisions of the Law on the Prevention and Control of Occupational Diseases, the unit shall submit an application for work-related injury recognition to the social insurance administrative department of the coordinating area within 30 days from the date of the accident injury or the date of diagnosis or appraisal of the occupational disease. In the case of special circumstances, the time limit for application may be appropriately extended with the consent of the social insurance administrative department.

  5. Anonymous users2024-02-02

    Legal Analysis: The compensation obligor shall compensate the victim for personal injury, various expenses incurred due to medical treatment** and loss of income due to lost work, including medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, and necessary nutrition expenses. If the victim is disabled due to injury, the compensation obligor shall also compensate for the necessary expenses incurred by the victim due to the increase in living needs and the loss of income caused by the loss of the ability to work, including disability compensation, disability assistive device expenses, and living expenses for dependents, as well as the necessary expenses, nursing expenses, and follow-up expenses actually incurred due to nursing care and continuation.

    Where the victim dies, the person obligated to compensate shall compensate for the funeral expenses, the living expenses of the dependents, the death compensation, and other reasonable expenses such as transportation expenses, lodging expenses, and lost work expenses incurred by the victim's relatives in handling funeral matters, in addition to the relevant expenses provided for in the first paragraph of this article on the basis of the rescue circumstances. If an employee suffers personal injury in the course of employment activities, the employer shall be liable for compensation. If a third party outside the employment relationship causes personal injury to an employee, the person entitled to compensation may request the third party to bear the liability for compensation, and may also request the employer to bear the liability for compensation.

    After the employer assumes the liability for compensation, it can recover from a third party. If an employee suffers personal injury due to a work safety accident in the course of employment activities, and the employer or subcontractor knows or should know that the employer receiving the contract or subcontract business does not have the corresponding qualifications or conditions for safe production, it shall be jointly and severally liable with the employer for compensation.

    Legal basis: Social Insurance Law of the People's Republic of China

    Article 38 The following expenses incurred due to work-related injuries shall be paid from work-related injury insurance** in accordance with the provisions of the State:

    1) Medical expenses and expenses for work-related injuries (2) Hospitalization meal subsidies (3) Transportation and accommodation expenses for medical treatment outside the overall planning area (4) Expenses required for the installation and configuration of disability assistive devices (5) Living care expenses confirmed by the Labor Ability Appraisal Committee for those who cannot take care of themselves (6) One-time disability subsidies and monthly disability allowances received by disabled employees of grades 1 to 4 (7) One-time medical subsidies that should be enjoyed when the labor contract is terminated or terminated (8) Death due to work, Funeral allowances, pensions for dependent relatives and work-related death allowances received by their surviving family members (9) Labor ability appraisal fees.

    Article 39 The following expenses incurred as a result of work-related injuries shall be paid by the employer in accordance with the provisions of the State:

    1) Wages and benefits during the period of work-related injury (2) Disability allowance received by employees with grade 5 and grade 6 disabilities on a monthly basis (3) A one-time disability employment subsidy that should be enjoyed when the labor contract is terminated or dissolved.

    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.

  6. Anonymous users2024-02-01

    1. If the employer pays work-related injury insurance to your father, you can enjoy insurance benefits from work-related injury insurance**;

    2. If there is no payment, the unit applying for arbitration and litigation shall compensate according to the relevant insurance benefits.

  7. Anonymous users2024-01-31

    Apply for labor arbitration, and then file a lawsuit for settlement.

  8. Anonymous users2024-01-30

    First of all, the work-related injury must be applied to the labor department for work-related injury determination within one year, and if it is determined to be a work-related injury, the employer may be required to give work-related injury benefits, and if the employer is entitled to work-related injury benefits, it can apply for labor arbitration.

  9. Anonymous users2024-01-29

    According to Article 41 of the Social Insurance Law, if an employee's employer fails to pay work-related injury insurance premiums in accordance with the law, and a work-related accident occurs, the employer shall pay the work-related injury insurance benefits. If the employer does not pay, it shall be paid in advance from the work-related injury insurance**. (180805202)

  10. Anonymous users2024-01-28

    【Determination of Work-related Injury】The Regulations on Work-related Injury Insurance stipulate that if an employee is injured in an accident, the unit to which he or she belongs shall, within 30 days from the date of the occurrence of the accident, submit an application for work-related injury determination 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 regulations, the injured employee or his close relatives or 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 submit an application for recognition of work-related injury to the social insurance administrative department of the coordinating area where the employer is located. The following materials shall be submitted to submit an application for determination of work-related injury:

    1) Application form for determination of work-related injury;

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

    3) Medical diagnosis certificate or occupational disease diagnosis certificate (or occupational disease diagnosis and appraisal 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.

    The newly revised Regulations on Work-related Injury Insurance came into force on January 1, 2011).

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Negotiate with the company, and if the company is willing to be satisfied with both parties, then there is no problem. If the company is unwilling to compensate, it can be resolved through litigation procedures, pay attention to evidence collection during the litigation process, especially various receipts and invoices, etc., which is an important evidence for compensation, and there is important evidence for the case.