The construction site work related injury compensation law stipulates the construction site work rel

Updated on society 2024-03-01
7 answers
  1. Anonymous users2024-02-06

    It is recommended to apply for work-related injury recognition first according to the process, and the compensation amount can only be finalized after waiting for the appraisal level.

    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 ** of the Human Resources and Social Security 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 suspension of work, food allowance, nursing expenses, etc.;

    Legal basis: Regulations on Work-related Injury Insurance

  2. Anonymous users2024-02-05

    You and the construction site constitute the relationship between the worker and the employer, so if you are injured on the construction site, you can consult a local lawyer to see how much money you can legally pay, and then negotiate with the construction site, if not, then consider taking the work-related injury.

  3. Anonymous users2024-02-04

    The provisions of the Regulations on Work-related Injury Insurance shall apply.

  4. Anonymous users2024-02-03

    In the case of work-related injuries, compensation will be made in accordance with the work-related injury insurance regulations.

  5. Anonymous users2024-02-02

    Different places and specific situations are different, you can refer to the regulations on work-related injury insurance first.

  6. Anonymous users2024-02-01

    1. Compensation standards for work-related injuries on construction sites.

    1. In the case of work-related accidents on the construction site, the worker is entitled to the following work-related injury insurance benefits: if he is unable to take care of himself, the living care expenses confirmed by the Labor Ability Appraisal Committee; Medical expenses and expenses for work-related injuries; Transportation, accommodation and transportation expenses for medical treatment outside the co-ordination area; A one-time disability allowance and a monthly disability allowance for employees with disabilities of grades 1 to 4.

    2. Legal basis: Article 38 of the Social Insurance Law of the People's Republic of China.

    The following expenses incurred due to work-related injuries shall be paid from work-related injury insurance** in accordance with national regulations:

    1) Medical expenses and expenses for work-related injuries;

    2) Hospitalization meal subsidy;

    3) Transportation and accommodation expenses for medical treatment outside the co-ordination area;

    4) The cost of installing and configuring assistive devices for the disabled;

    5) If you are unable to take care of yourself, the living care expenses confirmed by the Labor Ability Appraisal Committee;

    6) One-time disability allowance and monthly disability allowance for employees with disabilities of grades 1 to 4;

    7) When the labor contract is terminated or terminated, the one-time medical compensation and deferred subsidy shall be enjoyed;

    8) In the event of a work-related death, the funeral allowance, the pension for dependent relatives and the work-related death allowance received by the surviving family members;

    9) Labor ability appraisal fee.

    2. What are the conditions of work-related injuries on the construction site?

    According to the Regulations on Work-related Injury Insurance, if a worker has any of the following circumstances in the course of work, it shall be recognized as a work-related injury:

    1) 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) During the period of going out for work, the person is injured due to work reasons or the whereabouts of the accident are unknown;

    6) Being injured in a motor vehicle accident on the way to and from work;

  7. Anonymous users2024-01-31

    Legal analysis: construction site work-related injury compensation standards: 1. The standard of disability treatment from level 1 to level 4, the one-time disability subsidy is paid for 21 to 27 months according to the disability registration, and the monthly disability allowance is 75% to 90% of the person's salary; 2. The standard of disability treatment for level 5 and level 6, the one-time disability subsidy is paid for 16 to 18 months according to the disability registration, and the monthly disability allowance is 60% to 70% of the person's salary.

    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 subsidy;

    3) Transportation and accommodation expenses for medical treatment outside the overall planning area;

    4) The cost of installing and configuring assistive devices for the disabled;

    5) For those who are unable to take care of themselves, the living care expenses confirmed by the Labor Ability Appraisal Committee;

    6) A one-time disability allowance and a monthly disability allowance for employees with disabilities of grades 1 to 4;

    7) A one-time medical subsidy to be enjoyed when the labor contract is terminated or dissolved;

    8) In the event of a work-related death, the funeral allowance, the pension for dependent relatives and the work-related death allowance received by the surviving family members;

    9) Labor ability appraisal fee.

    Article 39 The following expenses incurred as a result of injuries sustained by the employer shall be paid by the employer in accordance with national regulations:

    1) Wages and benefits during the work-related injury;

    2) The monthly disability allowance received by the disabled employees of the fifth and sixth grades;

    3) A one-time disability employment subsidy that shall 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.

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