The right femur fracture was injured at the construction site, and the contractor did not compensate

If the work injury is made to an individual contractor, it is not considered a work-related injury, but the contractor can be sued and the boss may be required to pay the relevant benefits according to the personal injury.

1. After the occurrence of a work-related injury, the employer may apply to the Human Resources and Social Security Bureau (formerly the Labor Bureau) for work-related injury recognition within one month, if the company does not apply. The injured employee or his close relatives may apply for recognition within one year. Documents to be submitted:

2. If there is a disability that affects the ability to work after the injury is relatively stable, the applicant shall apply for labor ability appraisal and submit an application to the labor ability appraisal committee of the city divided into districts (generally established in the human resources and social security bureau at the same level);

3. The compensation standards are different from province to province. Depending on the level of disability, the compensation received is not the same. The main compensation is:

Medical expenses, one-time disability allowance, one-time disability employment subsidy, one-time medical subsidy for work-related injuries, wages for the period of suspension of work, food allowance, nursing expenses, etc.;

4. If the injured employee does not have a labor contract or other evidence proving the existence of an employment relationship and is unable to apply for a determination of work-related injury, he or she may first apply for labor arbitration to confirm the existence of an employment relationship between the injured employee and the employer. After the existence of an employment relationship is confirmed by labor arbitration, an application for work-related injury determination is made;

Filing a lawsuit in court for personal injury damages.

Injuries on the construction site fractures generally need to compensate for the expenses of missing old age due to medical treatment and the loss of income due to lost work, and if the injury is disabled, it is also necessary to increase the necessary expenses for living and the loss of income due to the loss of working ability.

Article 14 of the Regulations on Work-related Injury Insurance.

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 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;

During the period of going out for work, the person is injured or the whereabouts of the accident are unknown;

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.

Legal analysis: 1. Timely delivery to the hospital**.

2. To apply for recognition of work-related injury, the unit or individual shall apply to the local labor department for recognition of work-related injury.

3. Apply for labor ability appraisal, and apply to the municipal labor ability appraisal committee for work-related injury appraisal after the employee has completed or reached a certain medical treatment period to determine the disability level.

4. For treatment review, employees or units should apply for treatment review from the social security center according to the hospital's ** invoice, work-related injury certificate, labor ability appraisal, etc., and issue work-related injury benefits, including medical expenses and disability subsidies.

5. If the employee needs to terminate the labor relationship, the disabled employee can enjoy the treatment of one-time employment subsidy and one-time medical subsidy.

Legal basis: 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 Minxiao District. 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.

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.

Article 23 The employer, the injured employee or his close relatives shall submit an application to the labor ability appraisal committee at the districted city level for the appraisal of labor ability, and provide the relevant materials on the determination of the work-related injury and the medical treatment of the work-related injury.

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Legal analysis: 10w compensation for the contractor who fell and fractured while working. The compensation for falling and fractures while working on the construction site is as follows:

1. Medical expenses that 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 shall be paid from work-related injury insurance**; 2. The hospital meal assistance shall be reimbursed by the unit in accordance with the standard of the employee's business trip; 3. Lost work pay, during the period of suspension of work, the original salary and benefits remain unchanged, and the original unit will pay them on a monthly basis; 4. Nursing expenses, if an injured employee who is unable to take care of himself needs nursing care during the period of suspension of work with pay, the unit to which he or she belongs shall be responsible.

How to compensate for a broken bone while working for the contractor.

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Legal analysis: 10w compensation for the contractor who fell and fractured while working. The compensation for falling and fractures while working on the construction site is as follows:

1. If the medical expenses meet the requirements of the work-related injury insurance deficiency diagnosis and treatment items, the work-related injury insurance drug list, and the work-related injury insurance hospitalization service standards, they shall be paid from the work-related injury insurance**; 2. The rental allowance for inpatient meals shall be reimbursed by the unit in accordance with the standard of business trips for employees of the unit; 3. Lost work pay, during the period of suspension of work, the original salary and benefits remain unchanged, and the original unit will pay them on a monthly basis; 4. Nursing expenses, if an injured employee who is unable to take care of himself needs nursing care during the period of suspension of work with pay, the unit to which he or she belongs shall be responsible.

Legal basis]: Article 38 of the Social Insurance Law of the People's Republic of China is instructed to pay the following expenses incurred due to work-related injuries in accordance with national regulations: (1) medical expenses and expenses for work-related injuries; (2) Subsidies for in-hospital meals; (3) Transportation, accommodation, and expenses for medical treatment outside the overall planning area; (4) The cost of installing and configuring assistive devices for the disabled;

Summary. Hello, to work for the contractor, if it is a broken bone, it should be borne by the contractor, first of all, to apply for disability identification, if it can reach the level 10 disability, we can get compensation for 7 months of my salary, if you are an average of 5000 yuan a month, you can get 35,000 yuan in compensation.

Hello, to the contractor Shan Kaitou work, if the regret is a broken bone, it should be borne by the contractor to bear the liability for compensation, first of all, to apply for disability identification, if you can Dabi Wei stool to 10 levels of disability, we can get my 7 months of salary compensation, if you are an average of 5000 yuan a month, you can get 35,000 yuan of compensation.

Hello, if it is not assessed as a disability level, we can get the following compensation items: 1. Medical expenses: (with invoice); 2. Transportation expenses 3, nutrition expenses: 100 yuan 4, food subsidies:

100 yuan day 5, nursing fee: 100 yuan day book 6, lost work fee: the salary of the key person The specific number of months of lost work Lu Ziqiao.

Is the contractor liable for compensation now?

1. First apply to the labor and social security administrative department for work-related injury recognition. Article 17 of the Regulations on Work-related Injury Insurance stipulates that an injured employee or his immediate family member 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 apply to the labor and social security administrative department of the co-ordinating area where the employer is located for recognition of work-related injury. Article 20 The administrative department for labor and social security shall, within 60 days from the date of accepting the application for determination of work-related injury, make a decision on the determination of work-related injury, and notify the employee or his immediate family members and the worker's unit in writing of the application for work-related injury determination.

2. After the work-related injury is identified, the labor ability appraisal will be carried out. Article 21 Where an employee suffers a work-related injury and has a disability that affects his or her ability to work after the injury is relatively stable, an appraisal of his or her ability to work shall be conducted. Article 22 The appraisal of labor ability refers to the grading appraisal of the degree of labor dysfunction and the degree of self-care impairment.

There are 10 levels of disability for labor dysfunction, with the most severe being level 1 and the least being level 10. There are three levels of self-care disorders: complete inability to take care of oneself, inability to take care of oneself most of one's life, and partial inability to take care of oneself in life.

3. Enjoy work-related injury insurance benefits according to the identified labor ability level.

The compensation items for work-related injury claims are as follows: 1. Compensation for general injuries (not reaching disability): medical expenses, food allowance during hospitalization, living care expenses, wages during work-related injuries, transportation, accommodation and transportation expenses.

2. Compensation for disability: medical expenses, food allowance during hospitalization, living care expenses, wages during work-related injuries, transportation and accommodation expenses, assistive device expenses, one-time disability subsidy, disability allowance, one-time medical subsidy for work-related injury, and one-time disability employment subsidy.

Sue with injury records, medical certificates, medical certificates, medical expenses, medical expenses, lost work expenses, etc.

Article 17 of the Regulations on Work-related Injury Insurance provides that if an employee is injured in an accident or is diagnosed or identified 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 or she belongs shall, within 30 days from the date 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 labor and social security administrative department of the coordinating area. In case of special circumstances, the time limit for application may be appropriately extended with the consent of the labor and social security administrative department.

If an employee suffers damage in the course of employment activities, the employer (boss) shall be liable for compensation. If there is an employment relationship between the two parties, it constitutes a work-related injury and is entitled to work-related injury insurance benefits, and the relevant expenses are paid by work-related injury insurance**. 1. 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.

2. 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 safety production conditions, it shall be jointly and severally liable with the employer for compensation.

3. The provisions of this article shall not apply to those that fall within the scope of labor relations and work-related injury insurance adjusted by the Regulations on Work-related Injury Insurance.

Summary. Hello: The main items of compensation include medical expenses, nursing expenses, hospital meal subsidies, lost work expenses, disability compensation, etc. Disability benefits are based on the determination of the disability.

I am a contractor foreman, there is a subcontractor foreman and a company above, how can I compensate for the worker's fractures.

Hello: The main items of compensation include medical expenses, nursing expenses, hospital meal subsidies, accidental collapse annual work expenses, disability compensation, etc. Disability compensation is based on the disability assessment.

Pro: 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, the employer shall be liable for compensation if an employee suffers physical damage during employment activities.