Excuse me about work injury question 20, please ask about work injury

The average of an individual's annual income in the last year is the individual's salary.

1. The one-time disability employment subsidy and the one-time medical subsidy for work-related injuries shall be compensated according to the standard of 2010; (If the labor contract is terminated upon expiration, or the employee himself or herself proposes to terminate the labor contract, the employer shall pay the employee a one-time medical subsidy for work-related injuries and a one-time employment subsidy for disability based on the average monthly wage of the employee in the overall area of the previous year at the time of the termination or termination.) ）

2. If the company does not agree to renew the labor contract, it can require it to pay economic compensation, and the working years will be calculated from 2008, and you shall be compensated for 3 months' salary.

Negotiate with the employer first to require the employer to pay the relevant work-related injury compensation and economic compensation, and if you do not agree, you can apply to the local labor arbitration commission for labor arbitration and require it to pay.

Hello, to the problem you described, the lawyer replied as follows:

First of all, apply for a work-related injury appraisal, and after confirming the disability level, it is the basis for confirming the compensation. Refer to Article 18 of the Regulations on Work-related Injury Insurance.

Second, the main scope of claims includes medical treatment for work-related injuries, one-time disability allowance, hospital meal subsidy, assistive devices, original salary and benefits during the medical treatment period, living care expenses, etc.

Third, compensation shall be made with reference to Articles 33, 34, 35, 36, 37, 38, 39 and 40 of the Regulations on Work-related Injury Insurance.

Fourth, if the negotiation fails, bring the relevant materials to the labor inspection department to complain, or directly go to the labor arbitration commission where the unit is located to file labor arbitration. Blessing!

In the case of a contract relationship, the employer is not at fault and does not need to be liable.

Article 10 of the "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases" applies to your sullen grandson's situation. It is advisable to search online.

If the contractor does not have the construction qualifications, the employer shall be jointly and severally liable for compensation.

It is difficult to distinguish between the employment relationship and the Laozheng employment relationship, but it must be distinguished, and it is recommended that you arbitrate the employment relationship.

Because if there is an employment relationship with the factory, then his injury can be treated as a work-related injury, and he can further apply for work-related injury identification, labor ability appraisal and work-related injury compensation at the Jinghaomen of the Ministry of Labor and Social Security.

If the relationship with the factory is only a labor relationship, then his injuries can only be dealt with in accordance with the civil law, and he must go to the court to apply for personal injury compensation according to their respective responsibilities.

The doctor's certificate to go to prove that you are because of the injury caused by the current condition of the dry shirt, this general prosecution is more likely, the workshop director do not let the report, you can not not report, this is the maintenance of your legitimate rights and interests, the workshop director does not let you find the official can be the master, after all, the body is the most important, now some people are selfish, regardless of whether there is no one to live or die. Hopefully you'll get through it. Source of repentance.

Whether it can be recognized as a work-related injury must comply with the "Regulations on Work-related Injury Insurance" "Article 14 An employee who has one of the following circumstances shall be recognized as 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;

5) Injured or unaccounted for in an accident while away for work;

6) Being injured in a motor vehicle accident while commuting to or from work;

7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries". In order to apply for work-related injury determination, it is necessary to apply for work-related injury recognition within 30 days after the occurrence of the accident and within one year after the occurrence of the accident by the injured person or his family member by the labor and social security administrative department of the coordinating region where the employer is located. and when the injury is relatively stable, apply for a labor ability appraisal (i.e., disability appraisal), and then enjoy the corresponding work-related injury according to the identification and appraisal results.

Disputes arising from work-related injuries are labor disputes, and labor arbitration is a precondition for resolving labor disputes.

The statute of limitations for labor arbitration is 60 days after the dispute arises.

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If your friend's situation is as you mentioned, it should be Article 15 of the "Regulations on Work-related Injury Insurance" If an employee has one of the following circumstances, it will be regarded as a work-related injury

1) During working hours and at work, a person dies of a sudden illness or dies within 48 hours after rescue fails.

Your friend and his boss have formed a de facto employment contract, so he is also eligible for the provisions of the "Work-related Injury Insurance Regulations" and should be treated as a work-related injury and treated in the same way as a work-related injury.

It is a work-related injury, and the death of a sudden illness or death within 48 hours after rescue is ineffective during working hours and at the workplace is regarded as a work-related injury.

Work-related injuries in 04 can apply for work-related injury insurance, but it is possible that the unit did not participate in work-related injury insurance at that time, so it was not declared, because the work-related injury insurance regulations had just been implemented at that time. You can ask the employer whether it was a work-related injury insurance at that time, and whether it has declared a work-related injury determination for your father. If declared, many of the expenses are covered by insurance, including medical expenses and six months' salary for the injured at level 10.

If you don't declare, it doesn't matter, it's already determined to be level 10, that is, it has been identified. The employer should acknowledge your father's work-related injury, as long as this is not disputed. As long as it is a work-related injury, the treatment that should be enjoyed is the same, but if the work-related injury insurance is not declared, the money must be paid by the unit.

If the unit refuses to come out, keep the relevant work-related injury certificate and appraisal conclusion. You can go to the local labor and social security agency to explain the situation or directly apply to the labor arbitration commission for arbitration.

As for the current monthly salary, it depends on whether your father is still working or not, and there is no requirement to quit the job if you have a grade 10 disability, that is, if you quit the job, there will be no pay. Of course, if you are indeed unable to work due to work-related injuries, you can be examined by the designated hospital of work-related injury insurance, issue a medical certificate, apply for suspension of work and salary, or apply for a change of position. This specific situation varies slightly from place to place, so it is recommended that you take the relevant materials of your father's work-related injury and consult with the local labor and social security agency.

The medical treatment period for work-related injuries is generally 12 months, and Lu Heng's special circumstances can be appropriately extended after being confirmed by the Labor Ability Discrimination Appraisal Committee, but the extension shall not exceed 12 months. If the injured employee still needs to accompany the stove after the expiration of the suspension period with pay, he or she shall continue to enjoy the medical treatment of the work-related injury. The main reason in this case is that it is a bit long.

Hello: 1. If it is recognized as a work-related injury, the work-related injury insurance will pay for the work-related injury medical treatment.

2. The part of the work-related injury medical treatment that meets the requirements of the "Catalogue of Work-related Injury Insurance Diagnosis and Treatment Items", "Catalogue of Work-related Injury Insurance Drugs" and "Work-related Injury Insurance Hospitalization Service Standards" can be reimbursed, not according to the proportion.

3. There are two ways to apply for work-related injuries: one is to apply for work-related injuries, and the other is to apply for work-related injuries. Focus on the application process for injured employees:

Go to the local social insurance administrative department to obtain the application form for work-related injury determination, and bring the proof of the existence of labor relationship (including de facto labor relationship) with the employer, such as: labor and contract documents and identity documents, medical diagnosis certificate issued by the hospital, fill in the application form for work-related injury determination time, place, cause of the accident and the degree of injury of the employee, and sometimes a certifier.

The social insurance administrative department shall make a decision on the determination of work-related injury within 60 days of accepting the application for work-related injury determination, and notify in writing that the employee applying for work-related injury determination or his close relatives and the employee's suspected employer are in the workplace.

The social insurance administrative department shall make a decision on the determination of work-related injury within 15 days of accepting an application for work-related injury determination where the facts are clear and the rights and obligations are clear.

After the determination conclusion is made, the labor ability appraisal agency will arrange for the appraisal of the work-related injury level, the suspension period, and the self-care ability of the injured employee after the injury is stabilized, and the appraisal conclusion will generally be made within 60 days.

Once this conclusion has been reached, the amount of work-related injury benefits can be calculated.

Good luck soon**!

Work-related injury insurance benefits Insurance** Payment] Article 38 of the Social Insurance Law stipulates that the following expenses incurred due to work-related injuries shall be paid from work-related injury insurance** in accordance with national regulations:

1) Medical expenses and expenses for work-related injuries;

2) Hospitalization meal subsidy;

3) Accommodation and board expenses for medical treatment outside the overall planning area;

4) The cost of installing and configuring assistive devices for the disabled;

5) For those who are unable to take care of themselves, the living care expenses confirmed by the Labor Ability Appraisal Committee;

6) A one-time disability allowance and a monthly disability allowance for employees with disabilities of grades 1 to 4;

7) A one-time medical subsidy to be enjoyed when the labor contract is terminated or dissolved;

8) In the event of a work-related death, the funeral allowance, the pension for dependent relatives and the work-related death allowance received by the surviving family members;

9) Labor ability appraisal fee.

Article 39 of the Social Insurance Law stipulates that 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 period of 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.

The newly revised Regulations on Work-related Injury Insurance came into force on January 1, 2011).

The employer shall report the work-related injury to the labor administrative department within one month from the date of the accident, and if it is recognized as a work-related injury, the medical expenses during the period shall be borne by the work-related injury insurance.

There are rules for dealing with work-related injuries, and you cannot choose to apply or not apply for expense reimbursement. The employer must apply for a work-related injury determination to avoid trouble in the future.

First of all, the compensation does not need to be paid by the company, but by the social security. Unless you're going to be civil liable. Otherwise, work-related injuries are certainly not applicable.

Second, if the money such as work-related injury reimbursement and one-time disability allowance is made by the employer, the social security will ask the employer for these materials, and the employer must provide them, and it is not something that the employer can hide or do not solve, nor is it a unilateral act that depends on whether you want a salary slip or not. After all, the unit has a record of payroll. Of course, on the other hand, the employer has the obligation to provide the employee with a breakdown of the payroll.

Third, if you are subject to civil liability, there should be a legal authority, or a lawyer, or other institution or individual to claim it from the unit, which will be more powerful than you personally.

It is better to apply for labor arbitration or threaten to sue in court.

1. Did your friend buy social security?

If you buy social security, most of the expenses are paid by social security, and if you do not buy it, all the expenses that should be paid by social security are paid by the factory.

2. The interview probation period you mentioned is one month, which means that the job is less than a month now. Renewing a probationary period? The law stipulates that only one probationary period can be agreed.

3. Within 30 days from the date of the accident, the factory shall go to the labor department to report the work-related injury, and if it is not declared, the employee shall report within one year of the accident.

4. As you said, the factory needs to provide proof of labor relations to declare a work-related injury, and it is possible that the purpose of asking your friend to sign this document is to declare the work-related injury. It's best if you can provide content to renew the trial period.

5. Ask your friend to keep the work card, pay slip, attendance and other evidence (if any) just in case.

As long as there is an employment relationship, it must be held liable, regardless of whether or not a contract is signed. In addition, if you do not sign an employment contract, you will be paid double wages.

The probationary period can only be agreed upon once and cannot be exceeded. You can ignore this request from the factory. Besides, even if the probationary period is renewed, I personally don't think it will be good for the Sakura Factory, because the factory needs to make a compensation stool answer (at this time, it has nothing to do with the contract).

Work-related injury handling procedures] The "Regulations on Work-related Injury Insurance" stipulates:

1. Determination of work-related injury: In the event of an accident injury, the employer shall submit an application for work-related injury recognition to the social insurance administrative department within 30 days from the date of the accident.

If the employer fails to submit an application for recognition of work-related injury in accordance with the regulations, the injured employee, his close relatives 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 an occupational disease, directly submit an application for a dismissive determination of work-related injury to the social insurance administrative department of the coordinating area where the employer is located.

2. During the period of work-related injury medical treatment, if an employee suffers from an accident or suffers from an occupational disease at work and needs to suspend work to receive work-related injury medical treatment, the original salary and benefits shall remain unchanged during the period of suspension of work and salary, and shall be paid by the unit on a monthly basis.

The period of leave without 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. After the work-related injury employee is assessed for disability level, the original treatment shall be suspended, and the injured employee shall continue to enjoy the work-related injury medical treatment if he or she still needs ** after the expiration of the suspension period with pay.

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.

3. Disability appraisal: If there is a disability that affects the ability to work after the injury is relatively stable after treatment, excavation, and treatment, the labor ability appraisal shall be conducted.

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

Labor ability appraisal refers to the grading appraisal of the degree of labor dysfunction and the degree of self-care impairment.

4. Work-related injury insurance benefits: according to the level of disability, enjoy the corresponding work-related injury insurance.