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If labor is not provided in accordance with the agreement, wages may be deducted.
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There is no deduction for work-related injuries, but it seems that he has retired at the age of 60.
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1. A 60-year-old man who was in a car accident after work is not considered a work-related injury.
If it is a work-related injury, Article 14 of the Regulations on Work-related Injury Insurance within a reasonable range shall be deemed to be a work-related injury if an employee has 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) Subjected to violence or other intentional injuries 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) Injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train for which they are not primarily responsible;
7) Other circumstances that shall be recognized as work-related injuries as provided by laws and administrative regulations.
2. What is the determination of work-related injury?
The determination of work-related injury is an administrative confirmation act by the labor administrative department to give a qualitative administrative confirmation to whether an employee's injury (or occupational disease) due to an accident is a work-related injury or is regarded as a work-related injury in accordance with the authorization of the law.
A qualitative act of a worker who infringes on his or her person due to improper operation or other reasons in the course of work or deemed work, and conducts a qualitative act in order to identify the subject of the infringement. According to the relevant regulations of our country, it is generally confirmed by the labor administrative department.
3. Characteristics of work-related injury identification.
1. It is a specific administrative act;
2. It is an administrative confirmation act. There are four types of confirmed results: work-related injuries, non-work-related injuries, deemed work-related injuries, and non-work-related injuries;
3. It is an administrative act that requires application. Non-application and non-recognition are the characteristics of the work-related injury determination procedure;
4. If the unit, employee or one of his close relatives is not satisfied with the conclusion of the determination of work-related injury, he or she may choose to apply for administrative reconsideration or conduct administrative litigation.
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A person who has reached the age of 60 shall be retired or has long since retired, does not have the legal qualifications of a worker, and is not employed by the employing unit and is not subject to the adjustment of labor laws and regulations, and shall not be recognized as a work-related injury regardless of whether the injury is caused by work.
If a person over the age of 60 is employed by the employer in a labor relationship and suffers a personal injury in the course of employment, the provisions of the Tort Liability Law shall be applied to the provisions of the Supreme People's Court's Interpretation of Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases Fa Shi [2003] No. 20. In the case of a car accident on the way to work, the tortfeasor is the party responsible for the accident, and the party responsible for the accident shall be liable to the extent of compensation.
Supreme People's Court.
Interpretation on Several Issues Concerning the Application of Law in the Trial of Labor Dispute Cases (III).
Legal Interpretation 2010 No. 12.
Article 7 Where an employment dispute arises between an employer and a person who has been entitled to pension insurance benefits or received a pension in accordance with the law, and a lawsuit is filed with the people's court, the people's court shall handle it in accordance with the labor relationship.
Tort Liability Law
Article 6: Where actors infringe upon the civil rights and interests of others due to their fault, they shall bear tort liability.
Where it is presumed that the actor is at fault in accordance with the provisions of law, and the actor cannot prove that he is not at fault, he shall bear tort liability.
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Article 14 of the Regulations on Work-related Injury Insurance There are seven statutory circumstances that should be recognized as work-related injuries:
1) Injured in an accident during working hours and in the workplace due to work-related reasons (2) Injured in an accident while engaged in work-related preparatory or finishing work in the workplace before and after working hours (3) Injured by an accident such as violence during working hours and in the workplace due to the performance of work duties (4) Suffering from an occupational disease (5) Being injured or missing in an accident during a work-related absence (6) On the way to and from work, Injured in traffic accidents or urban rail transit, passenger ferries, or train accidents for which the person is not primarily responsible (7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.
Question: Sixty-nine years old, because of odd jobs, on the way home, the car he was riding in was involved in a traffic accident, is it considered a work injury?
Question: Do you have to do this after the accident liability certificate comes down?
Answer: No. You can first apply to the local human resources and social security bureau for work-related injury identification, which is the premise of all problems, after the work-related injury identification, and then apply to the local labor ability appraisal committee for disability level appraisal, the specific level of disability is subject to the appraisal results, finally, the two parties fail to negotiate, you can apply to the local labor and personnel dispute arbitration commission for labor arbitration, if there is work-related injury insurance, in addition to the social insurance department to pay the laborer's medical expenses, one-time disability subsidy, one-time medical subsidy, disability appraisal fee, etc., The employer is generally required to pay the employee a one-time employment subsidy, wages for the period of suspension of work, nursing expenses, transportation expenses, etc., and if there is no work-related injury insurance, the employer shall compensate the employee, and the specific amount of compensation shall be determined in combination with the employee's monthly salary, work-related injury rest time, etc.
Question: What supporting materials are required for the determination of work-related injuries?
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Summary. Pro-<>
Article 4 of the Regulations on Work-related Injury Insurance stipulates that an employee shall be deemed to have suffered a work-related injury if he or she has any of the following circumstances: 1. He or she is injured in an accident during working hours and in the workplace due to work-related reasons.
2. Injured in an accident while engaged in work-related preparatory or finishing work in the workplace before or after working hours. 3. During working hours and in the workplace, due to violence and other accidental injuries 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 an internal accident are unknown. 6. On the way to and from work, being injured in a traffic accident for which he or she is not primarily responsible, or an accident involving urban rail transit, passenger ferry, or train. 7. Other circumstances that shall be recognized as work-related injuries as provided by laws and administrative regulations.
How to pay for the death of a traffic accident on the way to work over 60 years old.
Is there a traffic accident liability certificate?
If the deceased is not primarily responsible or fully responsible for the accident, it is a work-related injury. The unit shall compensate according to the person's **.
If the deceased is primarily or fully responsible, it does not belong to the injury of the worker. The unit is not responsible for compensating for the delay in the bridge. The driver who caused the accident shall be compensated in accordance with the responsibility of the harassment judgment.
<>Article 4 of the Regulations on Work-related Injury Insurance stipulates that an employee shall be deemed to have suffered a suffocation injury due to work-related injuries under any of the following circumstances: 1. Injured in an accident during working hours and in the workplace due to work-related reasons.
2. Injured in an accident while engaged in work-related preparatory or finishing work in the workplace before or after working hours. 3. During working hours and in the workplace, due to violence and other accidental injuries 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 an internal accident are unknown. 6. On the way to and from work, the person is injured by an accident or an accident involving urban rail transit, passenger ferry, or train that is not the main responsibility of the person. 7. Other circumstances that shall be recognized as work-related injuries as provided by laws and administrative regulations.
Hello, the items that need to be compensated for the death of a person caused by a traffic accident are: 1. Rescue expenses: according to the invoice of medical expenses.
2. Death compensation: Calculated according to 20 times the per capita income of urban residents or the per capita net income of rural residents in the previous year at the location of the court accepting the case. For those over the age of 60, the decrease is doubled for each additional year.
For those over the age of seventy-five, it is calculated at five times. 3. Funeral expenses: according to the local funeral expenses standard (generally the per capita income of urban residents or the per capita net income of rural residents in half a year).
4. Spiritual solace (generally 40,000 or 50,000 yuan).
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