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There is no problem with the labor contract, as long as there is a de facto contract, it is OK, and I believe that the workers can prove this. The key is to determine responsibility. It depends on the specific situation and whether your father-in-law is operating in full accordance with the operating procedures.
It is advisable to consult a lawyer. And sometimes you don't have to rely on lawsuits. Sometimes it's better to negotiate a solution.
If the construction unit resolutely refuses to admit it, it is impossible, and it is only necessary to determine the amount of compensation according to the liability.
Here are three pieces of advice, one is not to believe too much in the words of those two-eyed people on the Internet. Find a professional. The second is to pay attention to collecting favorable evidence. The third is that if you really tear your face and fight a lawsuit, you must be prepared to fight for a long time.
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Why didn't you sign a written contract with them at that time?
There is no evidence now.
But if you want to go to court, the odds of winning are pretty good.
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Of course you can, but there are often companies that do things that are wrong with the contract, so if you don't sign the contract in the first place, it will be a little troublesome, but it's okay!
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You can fight it. It doesn't matter if you have a contract or not, as long as you can be sure that you were injured during working hours and during your work commute.
If you don't have a contract, you can find other evidence, such as a personal testimony, or the work clothes of the company.
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Yes, as long as you can prove that you were injured at work, then the employer you work for will give compensation and you can file a lawsuit.
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Injury to lose sight in one eye, is a Grade 7 disability, and the workers' compensation is as follows:
1. One-time disability subsidy, 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. One-time medical subsidy, if the employee is identified as a grade 7 to 10 disability due to work-related disability, the labor or employment contract is terminated upon expiration, or the employee proposes to terminate the labor or employment contract, the work-related injury insurance shall pay a one-time work-related injury medical subsidy, and the employer shall pay a one-time disability employment subsidy;
3;If the labor or employment contract is terminated upon expiration, or the employee proposes to terminate the labor or employment contract, the work-related injury insurance** shall pay a one-time medical subsidy for work-related injury, and the employer shall pay a one-time disability employment subsidy;
4. The compensation for the period of suspension of work with pay shall be subject to the appraisal of labor ability, and the compensation shall be calculated based on the actual salary of the party concerned and the average wage of the on-the-job employees in the province where the area is located, and the specific standards of one-time medical subsidy for work-related injuries and one-time employment subsidy for disability shall be stipulated by the people of the provinces, autonomous regions and municipalities directly under the Central Government.
Legal basis] Regulations on Work-related Injury Insurance
Article 36 Employees who are assessed as having a Grade 5 or Grade 6 disability 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: 18 months' salary for grade 5 disability and 16 months' salary for grade 6 disability;
2) Retain the labor relationship with the employer, and the employer shall arrange appropriate work. If it is difficult to arrange work, the employer shall pay the disability allowance on a monthly basis, the standard is: 70% of the salary for the fifth grade disability and 60% of the salary for the sixth grade disability, and the employer shall pay all the social insurance premiums due to the employee in accordance with the regulations.
If the actual amount of disability allowance is lower than the local minimum wage, the employer shall make up the difference.
Upon the request of the injured employee, the employee may terminate or terminate the labor relationship with the employer, and the work-related injury insurance** shall pay a one-time medical subsidy for work-related injury, 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.
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Summary. Hello dear, happy to answer your <>
Blindness in one eye caused by a work-related injury requires compensation of 7-100,000 yuan, which is a seventh-grade disability.
How much does it cost to lose sight in one eye as a result of a work injury?
Hello dear, happy to answer your <>
Blindness in one eye caused by a work-related injury requires compensation of 7-100,000 yuan, which is a seventh-grade disability.
The legal analysis made by Qinqin for you is as follows: If Li Qi is blind in one eye due to work-related injuries, if according to the work-related injury standard: the prosthetic eye has or does not have light sensation, and the corrected visual acuity of the other eye is greater than or equal to that, it is a seventh-grade disability.
Work-related injury seventh-level disability treatment: 1. One-time disability subsidy: 13 months x monthly salary before the injury.
2. One-time medical subsidy for work-related injuries and work-related injury insurance** expenditure. Applicable conditions: The labor contract is terminated upon expiration, or the employee himself or herself proposes to terminate the labor contract.
3. One-time employment subsidy. Applicable conditions: When the labor lease and transportation contract is terminated at the expiration of the term, or the employee himself or herself proposes to terminate the labor contract.
The relevant legal basis for you is as follows: Article 38 of the Social Insurance Law of the People's Republic of China The following expenses derived from 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) Subsidies for in-hospital meals; (3) Congratulatory expenses for transportation, accommodation, and transportation for medical treatment outside the overall planning area; (4) The cost of installing and configuring assistive devices for the disabled; (5) Where they are unable to take care of themselves, the living care expenses confirmed by the Appraisal Committee for Labor Ability; (6) A one-time disability subsidy and a monthly disability allowance for disabled employees 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 case of work-related death, the funeral allowance, pension for dependent relatives and work-related death allowance received by the surviving family members; (9) Labor ability appraisal fee.
Dear, hemp chain is only annoying you can shed Wang Pei to explain your specific situation in detail, I will help you analyze and analyze, and we will discuss a mausoleum solution <> together
Hello. Working in a garage, the tire burst due to the atmosphere of the tire, resulting in blindness in the left eye.
Kiss, this kind of work injury is a seventh-grade work-related injury.
Well. How much can be compensated.
Kiss, the amount of compensation is about 7 to 100,000 yuan.
Dear, this depends on the specific cost of the local area, how much does it cost you to stay in the hospital here?
About 50,000. Dear, how much is your monthly income? Base salary.
Dear, the seventh-level disability is included in the basic salary, which needs to be calculated by me.
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Legal analysis: In a traffic accident, if one eye is blinded, the disability appraisal standard for traffic accidents is: grade 8 disability, and the specific amount of compensation needs to be calculated according to medical expenses and lost work expenses.
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) Subsidies for in-hospital meals;
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 subsidy and a monthly disability allowance for disabled employees 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 case of work-related deaths, funeral allowances, pensions for dependent relatives and work-related death subsidies received by their surviving family members;
(9) Labor ability appraisal fee.
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 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 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**.
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 deficiency agency may recover compensation in accordance with the provisions of Article 63 of this Law.
Blindness in one eye caused by a work-related injury is generally a grade 7 disability; If a worker is identified as a Grade 7 disability due to work-related disability, a one-time disability subsidy shall be paid by the work-related injury insurance**, the amount of which is 13 months' salary of the worker. The one-time work-related injury medical benefit is paid by the workers' compensation insurance**. At the same time, the employer is also required to pay a one-time disability employment subsidy, which can be determined according to the relevant policies and regulations of the place where the enterprise is located. >>>More
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