If you are accidentally injured at work on the construction site, how much is the one time work rela

Compensation standard: Article 37 Employees who are identified as having a disability of grade 7 to 10 due to work-related disability shall enjoy the following benefits:

1) A one-time disability subsidy shall be paid according to the level of disability from work-related injury insurance, and the standard is: 13 months' salary for grade 7 disability, 11 months' salary for grade 8 disability, 9 months' salary for grade 9 disability, and 7 months' salary for grade 10 disability;

2) If the labor or employment contract is terminated upon expiration, or the employee himself or herself proposes to terminate the labor or employment contract, the work-related injury insurance shall pay a one-time medical subsidy for work-related injuries, and the employer shall pay a one-time disability employment subsidy. The specific standards for one-time medical subsidies for work-related injuries and one-time employment subsidies for disability shall be prescribed by the people of provinces, autonomous regions and municipalities directly under the Central Government.

According to the process, the work-related injury determination is applied for first, and the compensation amount can only be finalized after waiting for the labor ability appraisal level. 1. To apply to the Human Resources and Social Security Bureau for the recognition of work-related injury, the company needs to declare 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, 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; 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.; 4. There are many procedures for protecting the rights of work-related injuries, if you are not familiar with it, it is best to entrust a lawyer**.

Migrant workers have a relatively low level of knowledge and education, and generally work in the construction site, but they do not expect to be injured in the construction site, and then the migrant workers living in the hospital will be particularly worried about the problem of medical expenses, and also want to fight for compensation. So, how should migrant workers be compensated for injuries sustained while working on the construction site? Hualu.com will give you the answer.

1. In this case, it is generally a work-related injury.

2. You can apply for recognition of work-related injuries.

3. After the work-related injury is identified, if the disability is constituted, the disability level can also be assessed.

4. After the disability level is released, you can apply to the arbitration commission for an award and ask the employer to pay compensation.

How do I apply for a work injury?

After a migrant worker has an accident at a construction site, according to Article 17 of the Regulations on Work-related Injury Insurance, 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 accident, submit an application for work-related injury recognition to the social insurance administrative department of the coordinating region. If the employer fails to apply to the social security department for work-related injury under normal circumstances, the injured employee, his/her close relatives or trade union organizations may, within one year from the date of the accident, directly apply to the social insurance administrative department of the co-ordinating area where the employer is located for work-related injury determination. In summary, after being injured, if the contractor cannot compensate in full, the migrant worker may apply to the social insurance administrative department at the location of the construction project or the place where the construction unit subcontracted to the contractor is located within one year of the accident. Application.

You can take the medical records to do a work-related injury appraisal, and if the negotiation fails, you will go through the legal process.

If a migrant worker is injured at the construction site while working is recognized as a work-related injury, then you can contact the contractor to apply for recognition with the local labor bureau where you go to work, and if it is determined to be a work-related injury, it will be claimed according to the work-related injury.

If the employer does not apply for work-related injury recognition according to this level, the injured employee, his close relatives or trade union organization may directly apply for work-related injury recognition to the social insurance administrative department of the co-ordinating area where the employer is located within one year from the date of the accident injury or the date of diagnosis or appraisal of the occupational disease. Matters that shall be determined by the provincial-level social insurance administrative department shall be handled by the social insurance administrative department of the districted city at the place where the employer is located in accordance with the principle of territoriality. If the employer fails to submit an application for determination of work-related injury within the prescribed time limit, the employer shall bear the relevant expenses such as work-related injury benefits incurred during this period.

In case of work-related injury, the applicant shall apply to the local labor administrative department (generally the Human Resources and Social Security Bureau) for work-related injury recognition, and the labor administrative department shall review the relevant materials provided by the applicant and make the determination in accordance with the relevant provisions of China's "Regulations on Work-related Injury Insurance".

Legal analysis: Compensation for lost time is calculated according to the following formula:

Lost time pay multiplied by lost time hours; No fixed income: the time spent on lost work multiplied by the average income level of the last three years; It is not possible to prove the average income level in the past three years: the average salary of employees in the same and similar industry in the previous year is multiplied by the average salary of employees in the same and similar industry.

Legal basis: "Hail Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases" Article 7: Compensation for lost time is to be determined on the basis of the victim's lost time and income. The lost time is determined on the basis of a certificate issued by the medical institution to which the victim received.

Where the victim continues to miss work due to disability due to injury, the time of missing work may be calculated to the day before the date of disability. If the victim has a regular income, the compensation for lost work shall be calculated on the basis of the actual reduced income. If the victim has no regular income, it is calculated on the basis of his average income in the last three years; Where the victim is unable to provide evidence to prove his average income in the last three years, it may be calculated by referring to the average wages of employees in the same or similar industry in the previous year at the location of the court where the lawsuit is filed.

In the event of an injury to a worker who is unable to attend work every day, the method of suspension of work and pay shall be adopted, and the provisions are:

1) If the injured worker has been working for 12 months, the original salary shall be calculated according to the monthly salary of the 12 months before the injury (including the basic salary, bonus and allowance of the construction unit and overtime wages);

2) If a worker is injured but has not been on the job for 12 months, the original wage standard shall be calculated according to the actual wage for each month before the work-related injury.

3) If the worker is injured but Zheng Shu has not been in work for one month, the original wage standard shall be calculated according to the monthly salary specified in the contract; If the worker has not yet agreed or is still in the probationary period, the original wage standard shall be calculated according to not less than 60 of the average monthly social wage of the employees in the city in the previous year.

1. What does work-related injury mean?

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.

2. Trial Measures for Work-related Injury Insurance for Employees of Enterprises.

Where an employee is injured, disabled, or dies due to any of the following circumstances, it shall be found to be a work-related injury, and its scope is as follows:

1. Those who are engaged in the daily production or work of the unit or the work temporarily designated by the person in charge of the unit, and in case of emergency, engage in work that is directly related to the major interests of the unit even though they have not been designated by the person in charge of the unit.

2. Engaged in scientific experiments, inventions, and technological improvements related to the unit with the arrangement or consent of the person in charge of the unit.

3. Occupational diseases caused by exposure to occupational harmful factors in the production and working environment.

4. During the production working hours and the area, accidental injuries caused by unsafe factors, or death due to sudden illness due to work tension or total loss of labor after the first rescue**.

5. Personal injury caused by the performance of duties.

6. Engaging in rescue, disaster relief, rescue and other activities to safeguard the interests of the state, society and the public.

7. Disabled servicemen who have been disabled in the line of duty or because of the war have been injured after being reinstated and transferred to work in an enterprise.

8. During the period of going out on business, due to work reasons, the person is injured or missing due to traffic accidents or other accidents, or dies due to sudden illness or loses labor force after the first rescue.

9. An accident on the way to and from work on other reasonable routes within a reasonable time is a work-related injury.

1) Commuting to and from work by a reasonable route between work and residence, habitual residence, or unit dormitory within a reasonable time;

2) Commuting to and from work within a reasonable time by a reasonable route between the place of work and the place of residence of the spouse, parents, or children;

3) Engage in activities that are necessary for daily work and life, and commute to and from work at a reasonable time and on a reasonable route;

4) Commuting to and from work on other reasonable routes within a reasonable time. (Injuries on the way to and from work refer to traffic accidents that occur at a reasonable time and route, and for which the person is not primarily responsible.) ）

10. Other circumstances stipulated by laws and regulations.