Does the employer need to be responsible if he knows that he has cerebral infarction?

Updated on society 2024-04-07
8 answers
  1. Anonymous users2024-02-07

    If the employee conceals the employment, the employer may terminate the labor contract.

    If the employee suffers from a major illness that affects his or her work, it is the employer's right to know, and if the employer conceals it and is suspected of fraudulently establishing an employment relationship, the employer may terminate the labor contract on the grounds that the labor contract is invalid and settle the wages without paying severance after the employer learns about it. If the worker causes losses to the employer as a result, he shall be liable for compensation.

    However, in judicial practice, if the employer learns that the employee has concealed his illness and continues to employ the employee, it will be deemed that the employer has accepted it by default, and the employee cannot be held liable on this basis thereafter.

    Labor Contract Law

    Article 8 When an employer recruits a worker, it shall truthfully inform the worker of the work content, working conditions, work location, occupational hazards, production safety status, labor remuneration, and other information that the worker requires to know; The employer has the right to know the basic information of the employee directly related to the labor contract, and the employee shall truthfully explain it.

    Article 26 The following labor contracts are invalid or partially invalid:

    1) Using fraud, coercion or taking advantage of the danger of others to cause the other party to conclude or modify a labor contract contrary to its true intentions;

    Article 39 The employer may terminate the labor contract if the worker falls under any of the following circumstances:

    5) The labor contract is invalid due to the circumstances specified in Item 1, Paragraph 1 of Article 26 of this Law;

    Article 86 Where a labor contract is confirmed to be invalid in accordance with the provisions of Article 26 of this Law and causes damage to the other party, the party at fault shall be liable for compensation.

  2. Anonymous users2024-02-06

    I think this unit may be your kiss, if not, he can't use you so that he can take responsibility.

  3. Anonymous users2024-02-05

    Legal analysis: In principle, the employer has no responsibility, and the sick employee can enjoy the corresponding treatment during the medical treatment period for the sick or non-work-related injury in accordance with the law, and the employer can also give necessary moral assistance or assistance. It is the legal obligation of the employer to establish a social insurance relationship for the employee in accordance with the law and bear the corresponding fees, and if the employer fails to establish a medical insurance relationship for the employee and the sick employee cannot enjoy the medical insurance benefits, the employer shall bear the responsibility for the payment of the profit or loss caused by the sick employee.

    Legal basis: Article 15 of the Regulations on Work-related Injury Insurance An employee shall be deemed to have suffered a work-related injury if he or she has any of the following circumstances:

    1) Died of a sudden illness during working hours and at work, or died within 48 hours after rescue efforts failed;

    Labor Contract Law of the People's Republic of China

    Article 40 Under any of the following circumstances, the employer may terminate the labor contract after notifying the employee in writing 30 days in advance or paying the employee an additional month's salary:

    1) The worker is sick or injured not due to work, and is unable to perform his original job or work arranged by the employer after the prescribed medical treatment period has expired;

    2) The worker is incompetent for the job, and is still incompetent for the job after training or job adjustment;

    3) There is a major change in the objective circumstances on which the labor contract was concluded, making it impossible to perform the labor contract, and the employer and the employee fail to reach an agreement on changing the content of the labor contract after consultation.

    Article 46 Under any of the following circumstances, the employer shall pay economic compensation to the worker:

    1) The worker terminates the labor contract in accordance with the provisions of Article 38 of this Law;

    2) The employer proposes to terminate the labor contract to the employee in accordance with the provisions of Article 36 of this Law and terminates the labor contract through consultation with the employee;

    3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law;

    4) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law;

    5) Terminating a fixed-term labor contract in accordance with the provisions of Paragraph 1 of Article 44 of this Law, except in the case where the employer maintains or improves the agreed conditions of the labor contract and the employee does not agree to renew the labor contract;

    6) Termination of the labor contract in accordance with the provisions of Paragraphs 4 and 5 of Article 44 of this Law;

    7) Other circumstances provided for by laws and administrative regulations.

  4. Anonymous users2024-02-04

    Summary. Legal basis: Article 15 of the Regulations on Work-related Injury Insurance During working hours and at work, a person who dies of sudden illness or dies within 48 hours after being rescued is ineffective) cannot be recognized as a work-related injury, and cannot enjoy the corresponding work-related injury benefits; The employer is also not liable for compensation.

    Sick employees may enjoy the corresponding treatment during the medical treatment period for illness or non-work-related injuries in accordance with the law. The employer may also provide necessary moral assistance or assistance (such as lending the necessary rescue expenses to employees who are really in difficulty). It is the legal obligation of the employer to establish a social insurance relationship for the employee in accordance with the law and bear the corresponding fees, and if the employer fails to establish a medical insurance relationship for the employee and the sick employee cannot enjoy the medical insurance benefits, the employer shall bear the responsibility for the payment of the profit or loss caused by the sick employee.

    Dear, hello, I am happy to answer for you, you asked the question of [is the employer responsible for sudden cerebral infarction in the unit] to answer as follows: Legal analysis: In principle, the unit family round leakage cavity refers to no responsibility.

    Legal basis: Article 15 of the Regulations on Work-related Injury Insurance During working hours and at work, a person who dies of sudden illness or dies within 48 hours after being rescued is ineffective) cannot be recognized as a work-related injury, and cannot enjoy the corresponding work-related injury benefits; The employer is also not liable for compensation. Sick employees can enjoy the corresponding treatment during the medical treatment period for illness or non-work-related injuries in accordance with the early failure method.

    The employer may also provide necessary moral assistance or assistance (such as lending the necessary rescue expenses to employees who are really in difficulty). It is the legal obligation of the employer to establish a social insurance relationship for the employee in accordance with the law and bear the corresponding payment of fees, and if the employer fails to establish a medical insurance relationship for the employee due to the failure of the employer to establish a medical insurance relationship for the employee, the employer shall bear the responsibility for the payment of the profit and loss caused by the sick employee.

    Legal analysis: If you die within 48 hours, it is regarded as a work-related injury, and if you are rescued and rented, it is not considered a work-related injury. If it is a disease that belongs to the source of one's own malaise, the unit will not be responsible and will take medical insurance.

  5. Anonymous users2024-02-03

    Summary. Hello! I'm glad to answer for you, the cerebral infarction unit at work is not responsible, and it is not a work-related injury.

    Article 14 of the Regulations on Work-related Injury Insurance An employee shall be deemed to have suffered a work-related injury under 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) Being injured in an accident while engaging in work-related preparatory or finishing work in the workplace before or after working hours; (3) Suffering violence or other accidental injuries during working hours and in the workplace as a result of performing work duties;

    Hello! I'm glad to answer for you, the cerebral infarction unit at work is not responsible, and it is not a work-related injury. Article 14 of the Regulations on Work-related Injury Insurance An employee shall be deemed to have suffered a work-related injury under any of the following circumstances:

    1) Concealing the difference between working hours and the workplace, and being injured in an accident 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) Suffering violence or other accidental injuries during working hours and in the workplace as a result of performing work duties; Carry the spine.

    4) Suffering from occupational diseases; (5) During the period of going out for work, they are injured or their whereabouts are unknown in an accident due to the work of Qinliang; (6) Being injured in a traffic accident or an urban rail transit, passenger ferry, or train accident for which they are not primarily responsible; (7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.

  6. Anonymous users2024-02-02

    Sudden cerebral infarction at work, if it meets the conditions of sudden illness death or death within 48 hours after rescue is ineffective during working hours and work, it is a work-related injury and will be compensated by work-related injury insurance**; If the unit is not insured, the unit shall be responsible.

    How to identify a work injury?

    Methods for the appraisal of work-related injuries: First, the unit or the employee shall apply for the appraisal of work-related injuries and submit the application materials; The social insurance administrative department then makes a decision on whether to accept the application; If it is accepted, a decision on the designation of the work-related injury recognition spine mask shall be made within 60 days; Finally, the certificate of recognition will be sent to the unit and the employee.

    To sum up, if a sudden cerebral infarction occurs at work, if it meets the conditions of sudden illness death or death within 48 hours after rescue is ineffective during working hours and at work, it is a work-related injury and will be compensated by work-related injury insurance**; If the unit is not insured, the unit shall be responsible.

    Article 14 of the Work-related Injury Insurance of the People's Republic of China.

    In any of the following circumstances, it shall be found to be a work-related injury:

    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 in the workplace before or after working hours, engaged in preparatory or finishing work that is related to the work;

    (3) Suffering violence or other accidental injuries during working hours and in the workplace as a result of performing 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 laws and administrative regulations provide shall be recognized as work-related injuries.

    Article 20. The social insurance administrative department shall make a decision on the determination of work-related injury within 60 days of accepting the application for work-related injury determination, and notify the employee or his close relatives and the employee's unit in writing of the application for work-related injury determination.

    The social insurance administrative department shall make a decision on the determination of work-related injury within 15 days of accepting an application for work-related injury determination where the facts are clear and the rights and obligations are clear.

    Where a decision to determine a work-related injury needs to be based on the conclusion of the judicial organ or the relevant administrative department, the time limit for making a decision on the determination of work-related injury is suspended during the period when the judicial organ or the relevant administrative department has not yet made a conclusion.

    Where the staff of the social insurance administrative department has an interest in the applicant for work-related injury determination, they shall recuse themselves.

  7. Anonymous users2024-02-01

    Summary. If the brain model provided by the brain model company is defective, or the service is not provided according to the customer's requirements, then the brain model company shall be liable.

    If the brain model provided by the brain model company is defective, or the service is not provided according to the customer's requirements, then the brain model company shall be liable.

    Fellow, I really didn't understand, I can be more specific.

    If something goes wrong with the company, it needs to take responsibility. First of all, the company should conduct an investigation into the cause of the problem to determine if there was a violation or negligence. Second, companies should take steps to address the issue to ensure that similar issues don't happen again.

    Finally, the company should compensate the victims to compensate them for the losses they have suffered. The key to solving the problem is to find out the root cause of the problem and take effective measures to solve the problem. First and foremost, companies should have effective security measures in place to ensure the safety of their employees.

    Secondly, the company should conduct regular safety inspections to ensure the effectiveness of the safety measures. Finally, companies should train their employees regularly to ensure that they are able to use the equipment properly. Personal Tips:

    At work, we should always pay attention to safety and ensure the safety of ourselves and others. We should follow the safety regulations and ensure the correct use of the equipment to ensure safety.

  8. Anonymous users2024-01-31

    Legal analysis: If you die within 48 hours, it is regarded as a work-related injury, and if you are rescued, it is not a work-related injury. If it is my own illness, the unit will not be responsible and will go to medical insurance.

    Legal basis: Article 15 of the Regulations on Work-related Injury Insurance An employee shall be deemed to have suffered a work-related injury if he or she has any of the following circumstances:

    1) Died of a sudden illness during working hours and at work, or died within 48 hours after rescue efforts failed;

    2) Suffering harm in emergency rescue and disaster relief or other activities to preserve national or public interests;

    3) Employees who were sentenced to be a major soldier in the army of digging stoves, were disabled due to injuries sustained in war or in the line of duty, have obtained the certificate of revolutionary disabled soldiers, and are injured after arriving at the employer.

    Where employees have any of the circumstances in items (1) or (2) of the preceding paragraph, they shall enjoy work-related injury insurance benefits in accordance with the relevant provisions of these Regulations; Employees who have the circumstances in item (3) of the preceding paragraph shall enjoy work-related injury insurance benefits other than a one-time disability subsidy in accordance with the relevant provisions of these Regulations.

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