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If the injury is caused by work in the workplace and during working hours, it shall be regarded as a work-related injury.
Whether it is a work-related injury is a legally binding decision made by the Human Resources and Social Security Bureau. Therefore, you can apply to the department for a work-related injury determination to determine whether it is a work-related injury. Materials to be provided: application form for work-related injury determination, proof of existence of labor relationship, medical diagnosis certificate and other materials.
If it is determined that it is a work-related injury, the employer shall be liable for compensation for the work-related injury.
If there is no labor contract, the work permit, work clothes, wage payment records, social security payment records, witness testimony, audio and video recordings and other materials can be provided to prove the existence of a de facto labor relationship.
Legal basis: Regulations on Work-related Injury Insurance
Article 14 An employee shall be deemed to have suffered a work-related injury under 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) 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) 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 17 If an employee is injured in an accident or is diagnosed or appraised as an occupational disease in accordance with the provisions of the Law on the Prevention and Treatment of Occupational Diseases, the unit to which he belongs shall, within 30 days from the date of occurrence of the accident injury or the date of diagnosis or appraisal of an occupational disease, submit an application for recognition of work-related injury to the social insurance administrative department of the coordinating region. In case of special circumstances, the time limit for application may be appropriately extended with the consent of the social insurance administrative department.
If the employer fails to submit an application for recognition of work-related injury in accordance with the provisions of the preceding paragraph, the injured employee or his close relatives or trade union organization may, within one year from the date of occurrence of the accident injury or the date of diagnosis or appraisal of an occupational disease, directly submit an application for recognition of work-related injury to the social insurance administrative department of the coordinating area where the employer is located.
Article 18 The following materials shall be submitted to submit an application for determination of work-related injury:
1) Application form for determination of work-related injury;
2) Proof of the existence of an employment relationship (including a de facto employment relationship) with the employer;
3) Medical diagnosis certificate or occupational disease diagnosis certificate (or occupational disease diagnosis and appraisal certificate).
The application form for determination of work-related injury shall include basic information such as the time, place, and cause of the accident, as well as the degree of injury of the employee.
Where the materials provided by the applicant for work-related injury determination are incomplete, the social insurance administrative department shall inform the applicant of all the materials that need to be supplemented and corrected in writing at one time. After the applicant requests to supplement and correct the materials in accordance with the written notice, the social insurance administrative department shall accept it.
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According to the situation, it is necessary to do a disability appraisal and ask the employer to compensate, and if you are injured in the line of work during the work, you can request the employer to pay compensation according to the work-related injury, and you don't have to worry if you don't sign the labor contract, you can provide evidence at that time, Article 7 of the Labor Contract: The employer shall establish a labor relationship with the employee from the date of employment. The employer shall establish a roster of employees for future reference.
1. The review shall be completed within 15 working days from the date of the acceptance unit's declaration of work-related injury insurance benefits. For those who do not meet the requirements, they will be returned to the unit.
2. Before the 15th of the next month after the acceptance unit declares the work-related injury benefits, the approved work-related injury benefits will be transferred to the bank account of the unit, and the unit shall be responsible for issuing them according to the regulations. If the service commitment period has passed, you can go to social security for consultation.
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If you are injured at work in the course of work, then go to the Human Resources and Social Security Bureau to make a work-related injury determination first. The most important thing to confirm the determination of work-related injuries is the labor relationship, and it is not necessarily necessary that the labor contract can be confirmed by providing work clothes, work permits, wage schedules, etc.
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If you have not signed a labor contract, you can claim double wages, and if you fail to negotiate, you can apply for labor arbitration
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If the employer fails to conclude a written labor contract with the employee for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly wage. If the employee does not conclude a written labor contract with the employer within one month from the date of employment, the employer shall notify the employee in writing to terminate the labor relationship, and shall not pay economic compensation to the employee, but shall pay the employee the labor remuneration for his actual working time in accordance with the law. After the expiration of the labor contract, if the employee is still working for the employer, and the employer does not conclude a written labor contract with the employee for more than one month, it shall pay the employee double wages in accordance with Article 82 of the Labor Contract Law, and if the employee does not conclude a written labor contract with the employer, the employer shall notify the employee in writing to terminate the labor relationship and pay economic compensation in accordance with Article 47 of the Labor Contract Law.
If the employer fails to conclude a written labor contract with the employee within one year from the date of employment, it shall pay the employee twice the monthly salary from the day after the expiration of one month from the date of employment to the day before the expiration of one year, and shall be deemed to have concluded an indefinite labor contract with the employee on the day after the expiration of one year from the date of employment, and shall immediately conclude a written labor contract with the employee. Legal basis: Article 82 of the Labor Contract Law of the People's Republic of China provides that if an employer fails to conclude a written labor contract with an employee for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly wage.
If an employer violates the provisions of this Law by failing to conclude an indefinite-term labor contract with an employee, it shall pay the employee twice the monthly salary from the date on which the indefinite-term labor contract should have been concluded.
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According to the new labor law of the People's Republic of China, as long as you and the other party belong to the employment relationship, then the other party shall not fire you without reason, and if you are to be fired, you must be paid three months' salary!
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Please send your attendance information or a co-author's certificate to the Labor Bureau to sue your company for violating the employment regulations!
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Hello, you shouldn't sign it, if you sign it, you won't have double salary compensation. Because the employer does not sign the labor contract, then the employer needs to pay you double the salary from the second month of your employment to the end of the year, and if you do, you will not have double the salary. It is recommended that you go directly to the labor arbitration commission for arbitration.
Require the employer to make back social security payments and pay double wages.
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The employer can be required to pay financial compensation because the contract is not renewed. At the same time, the social security premium is required to be paid.
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If the injury is injured on the construction site, if it is within the category of work-related injury, the company can be required to declare the work-related injury determination within one month from the date of the accident, and if the company refuses to declare, the employee can self-declare the work-related injury determination within one year of the accident.
After the work-related injury is identified, apply for the appraisal of the labor ability level, and finally enjoy the work-related injury treatment. If it does not fall within the scope of work-related injury, it can claim compensation for personal injury and claim compensation from the direct infringer.
According to the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases:
Article 11 Where an employee suffers personal injury in the course of employment activities, the employer shall be liable for compensation. If a third party outside the employment relationship causes personal injury to an employee, the person entitled to compensation may request the third party to bear the liability for compensation, and may also request the employer to bear the liability for compensation. After the employer assumes the liability for compensation, it can recover from a third party.
If an employee suffers personal injury due to a work safety accident in the course of employment activities, and the employer or subcontractor knows or should know that the employer receiving the contract or subcontract business does not have the corresponding qualifications or conditions for safe production, it shall be jointly and severally liable with the employer for compensation.
Article 17: Where a victim suffers a personal injury, the person obligated to compensate for all expenses incurred for medical treatment, as well as the loss of income due to lost work, including medical expenses, lost work expenses, nursing expenses, transportation expenses, lodging expenses, hospital meal allowances, and necessary nutrition expenses.
If the victim is disabled due to injury, the compensation obligor shall also compensate for the necessary expenses incurred by the victim due to the increase in living needs and the loss of income caused by the loss of the ability to work, including disability compensation, disability assistive device expenses, and living expenses for dependents, as well as the necessary expenses, nursing expenses, and follow-up expenses actually incurred due to nursing care and continuation.
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If it is a work-related injury, it is recommended to apply for workers' compensation for work-related injuries.
General work-related injuries. Specific compensation items and standards.
1) Medical expenses.
1 Requirements: **The expenses required for work-related injuries should meet the requirements of work-related injury insurance diagnosis and treatment items, work-related injury insurance drug list, and work-related injury insurance hospitalization service standards.
2 Legal basis: Article 30, paragraph 3 of the Regulations on Work-related Injury Insurance.
3 Note: If the employer does not participate in work-related injury insurance, it is not required to go to a medical institution with a service agreement**.
2) Hospitalization meal subsidy, transportation expenses, and accommodation expenses.
1. Standards: The specific standards are stipulated by the people of the overall planning area.
2. Requirements: The medical institution shall issue a diagnosis certificate, and the handling agency shall approve the injured employee to seek medical treatment outside the overall planning area.
3 Legal basis: Article 30, paragraph 4 of the Regulations on Work-related Injury Insurance.
3) **** fee.
1 Standard: **The expenses required for work-related injuries shall meet the standards of work-related injury insurance diagnosis and treatment items, work-related injury insurance drug lists, and work-related injury insurance hospitalization services.
2 Legal basis: Article 30, paragraph 6 of the Regulations on Work-related Injury Insurance.
3 Note: According to local regulations, **** needs to be assessed by experts organized by the handling agency.
4) Assistive device fees.
1 Standard: The quota standard for work-related injury assistive devices in all provinces and municipalities directly under the Central Government.
2. Requirements: Due to the needs of daily life or employment, the auxiliary devices such as prostheses, orthoses, prosthetic eyes, dentures and wheelchairs should be installed after confirmation by the Labor Ability Appraisal Committee.
3 Legal basis: Article 32 of the Regulations on Work-related Injury Insurance.
5) Suspension of work with pay.
1. Standard: The original salary and benefits remain unchanged and are paid by the unit on a monthly basis.
2. Requirements: The period of suspension of work with pay is generally not more than 12 months; If the injury is serious or the circumstances are special, it may be appropriately extended upon confirmation by the labor ability appraisal committee at the districted city level, but the extension shall not exceed 12 months. If the injured employee still needs to be ** after the expiration of the period of suspension of work with pay, he or she shall continue to enjoy the medical treatment of work-related injury.
3 Legal basis: Article 33 of the Regulations on Work-related Injury Insurance.
4 Note: The period of suspension with pay shall be determined according to the diagnosis certificate of the medical institution and the classification catalogue of the period of suspension with pay in various places, but the departments and procedures determined shall be in accordance with local regulations.
6) Nursing expenses.
1 Standard: (1) If you need nursing care during the period of suspension of work and pay, the unit shall be responsible for it. (2) For those who need nursing care after being assessed as disabled, and are completely unable to take care of themselves, 50% of the average monthly salary of employees in the previous year shall be coordinated; Most of them are unable to take care of themselves, and 40% of the average monthly salary of employees in the previous year will be planned; Some of them are unable to take care of themselves, and 30% of the average monthly salary of employees in the previous year will be coordinated
2. Requirements: The living care expenses shall be confirmed by the Labor Ability Appraisal Committee, and the injured employees shall enjoy them on a monthly basis.
3 Legal basis: Article 33, paragraph 3, and article 34 of the Regulations on Work-related Injury Insurance.
7) Disability allowance.
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How much can I compensate for a leg puncture, and what am I going to do?
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You can claim the corresponding economic compensation, and if the negotiation fails, you can go to the local labor arbitration agency to apply for arbitration.
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It is possible to apply for compensation.
If it cannot be resolved through negotiation, you can protect your rights through labor arbitration, and according to the specific working hours, you can claim that the double salary for no more than 11 months involves the problem of non-payment of insurance, and you can ask the employer to make up for you.
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If the company does not sign a written contract with the employee in accordance with the law, it needs to pay twice the monthly salary. If the employee deliberately or unwillingly signs a written labor contract with the company, this clause does not apply, and it is calculated from the second month after joining the company for one month, but it should be noted that double wages are paid for a maximum of 11 months.
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According to Article 82 of the Labor Contract Law, if an employer fails to conclude a written labor contract with an employee for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly wage.
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First of all, there must be evidence to prove the existence of an actual employment relationship.
Make sure the reason for the dismissal is not your own.
If it is the fault of the employee, there is no compensation, and if it is due to the economic layoff of the unit, there is compensation.
Severance shall be paid to the worker according to the number of years of service in the employer and one month's salary for each full year. The maximum period for which economic compensation may be paid shall not exceed 12 years. where it is more than six months but less than one year, it is calculated as one year; If it is less than six months, the worker shall be paid half a month's salary.
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First of all, if you have not signed an employment contract, then the employer should pay you double your salary, and in addition, if the company dismisses you for unknown reasons, if there is a legitimate reason, it should pay you economic compensation (the standard is, if you have worked in the company for more than half a year but less than one year, you should pay you the equivalent of one month's salary), if the employer dismisses you without reason, it must pay you twice the compensation amount of the aforementioned compensation. In addition, if you are dismissed without one month's notice, you will be paid an additional month's salary.
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