I am a migrant worker due to a work related accident 30

The country has a work-related injury insurance law, look it up, it will be useful for you.

The specific compensation items of the injury compensation standard.

1) Medical expenses.

1. Requirements: **The expenses required for work-related injuries meet the list of work-related injury insurance diagnosis and treatment items, the list of work-related injury insurance drugs, and the hospitalization service standards of work-related injury insurance.

2. Legal basis: Article 29, 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 necessary to go to a medical institution that has signed a service agreement**.

2) Hospitalization meal subsidy.

1. Standard: 70% of the food subsidy standard for business trips of the unit.

2. Requirements: During hospitalization.

3. Legal basis: Paragraph 4 of Article 29 of the Regulations on Work-related Injury Insurance.

3) Transportation expenses, accommodation and food expenses.

1. Standard: the standard of food subsidy for employees of the unit on business trips.

2. Requirements: The medical institution issues a diagnosis certificate, the handling agency agrees, and the injured employee seeks medical treatment outside the overall planning area.

3. Legal basis: Paragraph 4 of Article 29 of the Regulations on Work-related Injury Insurance.

4) **** fee.

1. Standard: **The cost of work-related injury shall meet the requirements of work-related injury insurance diagnosis and treatment project catalog, work-related injury insurance drug catalog, and work-related injury insurance hospitalization service standards.

2. Legal basis: Article 29, Paragraph 6 of the Regulations on Work-related Injury Insurance.

3. Remarks: According to local regulations, the **** needs to be assessed by experts organized by the handling agency.

5) Assistive device fee.

1. Standards: the quota standards 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 shall be installed upon confirmation by the Labor Ability Appraisal Committee.

3. Legal basis: Article 30 of the Regulations on Work-related Injury Insurance.

6) Leave of absence with pay.

1. Standard: The original salary and benefits remain unchanged and are paid by the unit on a monthly basis.

2. Requirements: The suspension period 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 31 of the Regulations on Work-related Injury Insurance.

4. Note: The suspension period shall be determined according to the diagnosis certificate of the medical institution and the classification catalogue of the suspension period in various places, but the departments and procedures determined shall be in accordance with local regulations.

7) Nursing expenses.

1. Standards: (1) If you need nursing care during the suspension period, the unit shall be responsible. (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 can't take care of themselves, and they will coordinate the employees of the previous year.

How about not having a specific situation? Basically, the probability of your boss helping you with social security is not large, and if you feel that you lose less money, you can consult a lawyer nearby or apply for relief from the local legal aid department, try not to be private, and protect your legitimate rights and interests.

Legal Analysis: After a migrant worker is injured in an accident, the employer shall promptly send the injured person to a designated medical institution for treatment of work-related injury insurance, and file the case with the labor and social security administrative department and the handling agency within 24 hours. Within 30 days from the date of the accident or the date of diagnosis of an occupational disease, the unit to which the migrant worker belongs shall submit an application for recognition of work-related injury to the administrative department of labor and social security of the city or county.

If the employer fails to submit an application for recognition of work-related injury in accordance with the regulations, the injured employee or his relatives may directly apply to the administrative department for work-related injury determination within one year. Legal basis: Measures for the Determination of Work-related Injuries Article 4 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 Control of Occupational Diseases, the unit to which he or she belongs shall, within 30 days from the date of occurrence of the 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. Where an application for determination of work-related injury shall be submitted to the provincial-level social insurance administrative department in accordance with the provisions of the preceding paragraph, it shall be submitted to the social insurance administrative department of the districted city level where the employer is located in accordance with the principle of territoriality.

Legal Analysis: In the event of a work-related accident involving a migrant worker, the following procedures shall be followed: sending the migrant worker to a medical institution**; Apply to the social insurance administrative department of the coordinating area for recognition of work-related injury, and if the employer does not apply, the injured employee or his close relatives or trade union organization shall apply; After the worker's injury is relatively stable, he or she shall submit an application for labor ability appraisal to the Labor Ability Appraisal Committee; Apply for work-related injury insurance benefits from work-related injury insurance institutions.

Legal basis: Article 17 of the Regulations on Work-related Injury Insurance 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 area. In case of special circumstances, with the consent of the social insurance administrative department, the time limit for application may be appropriately extended and extended.

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, his or her immediate family members, or the trade union organization may, within one year from the date of occurrence of the accident injury or the date of diagnosis or appraisal of the occupational disease, directly submit an application for recognition of work-related injury to the labor and social security administrative department of the coordinating area where the employer is located.

Matters that shall be determined by the provincial-level social insurance administrative department in accordance with the provisions of the first paragraph of this Article shall be handled by the social insurance administrative department at the districted-city level where the employer is located in accordance with the principle of territoriality.

If an employer fails to submit an application for determination of work-related injury within the time limit specified in the first paragraph of this Article, the employer shall bear the relevant expenses such as work-related injury benefits incurred during this period that comply with the provisions of these Regulations.

Legal analysis: The labor dispute arbitration and mediation committee of migrant workers filed labor arbitration in accordance with the law, requesting confirmation of the existence of a de facto labor relationship between the migrant worker and a company, and bearing their own losses in accordance with the law.

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. Injured in an accident while engaged 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 shall be recognized as work-related injuries as provided by laws and administrative regulations.

Article 15 An employee shall be deemed to have suffered a work-related injury under 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 previously served in the army, were disabled due to war or duty injuries, and have obtained the certificate of revolutionary disabled soldiers, and were 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.