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1.If the injury is recognized as a work-related injury, you can apply for a labor ability appraisal after the injury is stabilized, identify the work-related injury level, and then calculate the amount of disability compensation according to the disability level;
2.The compensation standard for work-related injuries is determined in accordance with the Regulations on Work-related Injury Insurance and the relevant provisions of the implementation measures for the implementation of the Regulations on Work-related Injury Insurance issued by various municipalities.
1) The medical expenses shall be paid in full by the employer;
2) During the period of suspension of work and salary (during the period of work-related injury**, **), the salary shall be paid according to the original treatment;
3) The unit is responsible for the need for nursing care during the suspension period;
4) The food subsidy during the hospitalization shall be paid according to the standard of the place where the injured employee is located;
5) If the person is disabled at grade 1-10 after the appraisal of his or her working ability, he or she can also enjoy disability allowance (grade 1-6 disability), one-time disability subsidy, one-time medical subsidy for work-related injury (received after the contract is terminated for grade 5-10 disability) and one-time disability employment subsidy (received after the contract is terminated for grade 5-10 disability).
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The state does not have a provision for early retirement due to work-related injuries, and you must wait until the normal age to retire
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Female workers are no longer entitled to work-related injury benefits when they reach the age of 50, and male workers are no longer entitled to work-related injury benefits when they reach the age of 60.
1. The employment relationship formed between the retirees who have enjoyed the pension insurance benefits and the employer at the time of reemployment does not constitute an employment relationship, and the injury from reemployment shall not be recognized as a work-related injury.
2. Retirees who have been injured by accidents in re-employment and have enjoyed pension insurance benefits can obtain relief through civil compensation, and the employment relationship between their re-employment and the employer conforms to the characteristics of civil employment relations, and the accident injuries they suffer in the course of employment can be remedied through civil compensation.
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If a female worker reaches the age of 50 and begins to enjoy retirement benefits, the labor contract shall be terminated and the work-related injury insurance premiums shall not be paid. At the same time, the existence of an employment relationship between the employer and the employee is a prerequisite for the employer to pay the insurance premiums for the air combustion injury of the employer in a loss, and the relationship between the employer and the personnel recruited by the employer who has already enjoyed the pension insurance benefits or received the pension in accordance with the law is a fictitious labor relationship.
[Legal basis].
Article 32 of the Interpretation of the Supreme People's Court on Issues Concerning the Application of Law in the Trial of Labor Dispute Cases (I).
Where an employer initiates a lawsuit in the event of an employment dispute with a person hired by an employer who has already enjoyed pension insurance benefits or received a retirement pension in accordance with the law, the people's court shall handle it in accordance with the labor relationship.
Where an enterprise has a person who is on leave without pay, a person who has not reached the statutory retirement age, a laid-off person who is waiting for work, and a person who is on a long vacation due to an employment dispute arising from the suspension of production and the new employer, the people's court shall handle it in accordance with the labor relationship.
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Summary. Hello dear, happy to answer your <>
A 50-year-old female migrant worker who falls and fractures a work-related injury at a construction site can get work-related injury insurance.
Can a 50-year-old female migrant worker get work-related injury insurance if she falls and breaks a bone at a construction site?
Hello dear, happy to answer your <>
A 50-year-old female migrant worker who falls and fractures a work-related injury at a construction site can get work-related injury insurance.
Legal Analysis: Migrant workers participating in work-related injury insurance and enjoying work-related injury insurance benefits in accordance with the law are the rights and interests granted by the Regulations on Work-related Injury Insurance to the employees of all types of employers, including migrant workers, and migrant workers recruited by all types of employers have the right to enjoy work-related injury insurance benefits. Therefore, after the correction of a work-related accident, migrant workers can also enjoy work-related injury insurance benefits, but the premise is that they meet the conditions.
Legal basis: Article 14 of the Regulations on Work-related Injury Insurance stipulates that an employee shall be deemed to have suffered a work-related injury under any of the following circumstances: (1) Injured in an accident due to work reasons in the workplace and the place where work is called; (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; (4) Suffering from an occupational disease; (5) During the period when they are away for work, they are injured due to work reasons or their whereabouts are unknown in an accident; (6) Being injured in a traffic accident or an urban rail transit, passenger ferry, or train accident for which they are not primarily responsible while commuting to or from work; (7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.
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No, because female employees have reached retirement age at the age of 50 and enjoy retirement insurance benefits, they are not covered by the labor law.
A 50-year-old female employee has established an employment relationship with the employer, and if she is injured, she shall request the employer to pay compensation for personal injury through negotiation or civil litigation.
According to the Labor Code
Article 2 This Law shall apply to enterprises and individual economic organizations (hereinafter collectively referred to as "employers") within the territory of the People's Republic of China and to workers who have formed labor relations with them.
State organs, public institutions, social organizations, and workers with whom they have established labor contract relations shall be subject to this Law.
According to the "Interim Measures on the Retirement and Resignation of Workers".
Article 1 Workers of enterprises and institutions owned by the whole people, Party and government organs, and mass organizations shall retire if they meet any of the following conditions.
1) Men must be at least 60 years old, women at least 50 years old, and have worked continuously for 10 years.
2) Engaged in underground, high-altitude, high-temperature, particularly heavy physical labor, or other work harmful to physical health, at least 55 years of age for men and 45 years of age for women, with 10 years of continuous service.
This provision also applies to grassroots cadres whose working conditions are the same as those of workers.
3) Men at least 50 years old and women at least 45 years old, with 10 years of continuous service, certified by the hospital and confirmed by the labor appraisal committee, completely incapacitated.
4) Disabled due to work, certified by the hospital and confirmed by the labor appraisal committee, completely incapacitated to work.
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If it is more than 50, then you can't buy work-related injury insurance! Unless you buy commercial insurance.
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