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This situation is a complete work-related accident, how can they only pay a part of it? They don't make sense at all, to put it simply, as long as your father is not healed, they will be held accountable to the end! In terms of medical expenses, they are fully responsible for reimbursement!
This is for sure, and this also involves the compensation for the injured in the later period, if a certain degree of disability is caused, they must give you a certain amount of compensation, as little as hundreds of thousands, more than hundreds of thousands, not a decimal, in short, the most beneficial for you now is to go through the formal legal process to prosecute.
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If you go through the legal process, you may be able to claim the following costs:
1. Medical expenses (according to the actual expenses paid).
2. Lost time pay.
3. Disability compensation (if disabled).
4. Nutrition fee.
5. Hospitalization meal subsidy.
6. Escort fee.
7. Follow-up fee.
8. Living expenses of dependents (if disabled).
9. Assistive equipment fee (if disabled).
and other fees. However, it is recommended that you consult a local lawyer to determine the amount of compensation according to the specific injury and region.
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1. The general contractor is not responsible, and the relationship between your father and the general contractor is a contract, and the contractor has a certain degree of independence, so the risks arising from the performance of the contract are borne by the contractor who completes the work results.
2.However, the relationship between your father and the individual is an employment relationship, and the risk of the employee in the employment activities is borne by the employer, so your father is liable for the personal injury of the worker at work, and must bear the legal liability according to the personal injury compensation. In terms of compensation, if the other party requests to take legal channels, it is necessary to conduct a disability evaluation, if it constitutes a disability, it will be calculated according to the level of disability, and if it does not constitute a disability, it is enough to compensate for some medical expenses, lost work expenses, and nutrition expenses.
I don't know the specific circumstances of the case, so I can only help you.
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The general contractor shall bear full responsibility (including medical expenses) and apply to the local labor department (where the project is located) for work-related injuries after being discharged from the hospital. After that, the general contractor will apply for work-related injury appraisal and disability assessment, and the general contractor will compensate the injured worker according to the assessed grade. Work-related injuries are classified as 1 to 10 grades.
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In fact, they are all redundant.
Spend a few hundred bucks.
Call a few thugs.
Give him another beating.
It's a real hassle that nothing is gone.
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If the contractor causes damage to a third party or causes damage to himself in the process of completing the work, the contractor shall not be liable for compensation. However, if the maker is negligent in the ordering, instruction or selection, he shall bear the corresponding liability for compensation. If 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 the 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.
Legal basis: Article 39 of the Social Insurance Law of the People's Republic of China The following expenses incurred due to work-related injuries shall be paid by the employer in accordance with national regulations: (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.
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1. Workers are injured on the construction site, which is a work-related injury; 2. The contractor shall bear the responsibility, but if the contractor is unable to bear it, the employer may recover from the contractor after compensation for the work-related injury insurance liability of the employer who subcontracts the contracting business to the contractor. If it is a labor dispatch, the labor dispatch company will compensate according to the work-related injury benefits, and if it is an employee, it cannot be compensated according to the treatment of the work-related injury insurance regulations, but can only be compensated according to the personal injury; If there is no contract, but the labor relationship is confirmed, compensation can be made in accordance with the regulations on work-related injury insurance; If it is an unqualified employer, it depends on what kind of relationship the two parties have, whether it is an employment relationship or a labor relationship; It is recommended to apply for work-related injury identification before you can do work-related injury identification. The amount of compensation can only be finalized after the appraisal level, and the amount of compensation will vary from place to place for the same level.
Article 1192 of the Civil Code of the People's Republic of China: Where a labor relationship is formed between individuals, and the party providing the labor services causes damage to others due to the labor services, the party receiving the labor services shall bear tort liability and send the shacks. After the party receiving the service bears the tort liability, it may recover compensation from the party who has intentionally or grossly negligently brought the service provider. If the party providing the service suffers damage due to the service, it shall bear the corresponding liability according to the fault of both parties.
During the period of providing labor services, if the act of a third party causes damage to the party providing labor services, the party providing labor services has the right to request the third party to bear tort liability, and also has the right to request the party receiving labor services to compensate. After receiving compensation from the labor party, it may seek compensation from a third party.
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If the contractor loses several jobs and is injured, the contractor and the construction party of the construction site shall be liable. If there is an employment contract relationship between the worker and the contractor, and the worker is injured during construction, the contractor shall be liable for compensation, and the construction party at the construction site shall be jointly and severally liable for compensation. Workers can file a lawsuit in their local court, naming the contractor and the builder of the site as co-defendants.
The following is a detailed answer to the question of who is responsible for injuries sustained while working for a contractor.
1. Who is responsible for the injury of the contractor
1. If the contractor is injured while working, the contractor and the construction party of the construction site shall be liable. If there is an employment contract relationship between the worker and the contractor, and the worker is injured during construction, the contractor shall be liable for compensation, and the construction party at the construction site shall be jointly and severally liable for compensation. Workers can file a lawsuit in their local court, naming the contractor and the builder of the site as co-defendants.
2. Legal basis:
Article 11 of the Interpretation on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases provides that if 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 94 of the Labor Contract Law of the People's Republic of China provides that if an individual contractor recruits a worker in violation of the provisions of this Law and causes damage to the worker, the contracting organization and the individual contractor shall be jointly and severally liable for compensation.
2. Who is responsible for the injury of the labor dispatch worker
The labor dispatch unit shall be responsible for the work-related injuries of dispatched workers. For dispatched employees, their employer is a labor dispatch company, and the subject of work-related injury determination is the labor dispatch company. If a dispatched employee has a work-related accident, he or she should directly contact the labor dispatch company.
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