What should I do if my boss refuses to take money for a construction work related injury

1.If the employer fails to pay insurance to the injured employee in accordance with the law and refuses to bear the work-related injury benefits of the injured employee, the injured employee may apply for work-related injury insurance** to pay the work-related injury benefits in advance in accordance with the law.

2.If you have any questions, you can call 12333 to consult the local labor department.

3.Legal basis: Interim Measures for Advance Payment of Social Insurance**

Article 6 Where an employee's employer fails to pay work-related injury insurance premiums in accordance with the law, and a work-related accident occurs, the employer shall take measures to provide timely treatment and pay the expenses in accordance with the prescribed work-related injury insurance benefits and standards.

In any of the following circumstances, the employee or his close relatives may apply in writing to the social insurance agency for payment of work-related injury insurance benefits with the work-related injury determination decision and relevant materials:

1) The employer's business license has been revoked or its registration or filing revoked in accordance with law;

2) The employer refuses to pay all or part of the expenses;

3) Where work-related injury insurance benefits cannot be obtained after arbitration or litigation in accordance with law, and the court issues a document suspending enforcement;

4) Other circumstances in which the employee believes that the employer will not pay.

Article 7 After receiving the application submitted by the employee or his close relatives in accordance with the provisions of Article 6, the social insurance agency shall, within 3 working days, issue a written reminder to the employer, requiring it to verify and pay the work-related injury insurance benefits within 5 working days, and informing the employee that if the employee fails to pay the application in full and on time within the prescribed time limit, the work-related injury insurance shall obtain the right to require the employee to repay the work-related injury insurance after paying it in advance in accordance with the regulations.

Article 8 Where an employer fails to pay in full and on time in accordance with the provisions of Article 7, the social insurance agency shall, in accordance with the provisions of the Social Insurance Law and the Regulations on Work-related Injury Insurance, pay the work-related injury insurance benefits in advance for the items that should be paid by the work-related injury insurance.

Go to the local labor department to apply for arbitration to intervene in the settlement.

Apply to the local labor department for work-related injury recognition and obtain compensation through labor arbitration.

First of all, you have to prove that you are working at this construction site, and the work card, the salary slip from the boss can be used as proof.

Second, write a description of your injury, find a few workers to testify, sign and draw a pledge, and then go to the local labor and social security department to apply for recognition of work-related injury, which will tell you how to apply, and then the construction boss will be asked to come forward.

Third, go to the labor bureau to apply for arbitration.

The money spent on work-related injuries, whether it is from work-related injury insurance or from the boss, must be given to you anyway, and if you don't give it, you will go to the labor bureau to ask for an explanation!

It's useless, you just take your family to his house, and you can't get by.

Legal analysis: If the injured boss does not pay the money, he must first apply to the local labor department for a work-related injury determination. This is the key and the premise of all problems.

If the employer does not apply, the individual employee must apply within one year from the date of injury. If the injury is determined to be a work-related injury, after obtaining the work-related injury determination decision issued by the labor department, the medical expenses shall be paid in full by the employer, and the wages shall be paid according to the original treatment during the period of suspension of work, i.e., the period of work-related injury** and **. The unit shall be responsible for the nursing care during the period of suspension of work and salary, and the food allowance during the hospitalization shall be paid in accordance with the local standard.

Legal basis: Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes

Article 5 In the event of a labor dispute, if the parties are unwilling to negotiate, the negotiation fails, or the parties fail to perform after reaching a settlement agreement, they may apply to the mediation organization for mediation; If the applicant is unwilling to mediate, fails to mediate, or fails to perform after reaching a mediation agreement, he or she may apply to the Labor and Fatigue Dispute Arbitration Commission for arbitration; If a person is dissatisfied with an arbitral award, he or she may file a lawsuit in the people's court, except as otherwise provided by this Law.

Article 15 After reaching a mediation agreement, if one party fails to perform the mediation agreement within the time limit agreed in the agreement, the other party may apply for arbitration in accordance with law.

Summary. First of all, it is necessary to clarify the nature of employment, whether it is an employment relationship or an employment relationship, and the compensation procedures and amounts of the two are different. Secondly, if it is an employment relationship, if the negotiation fails, the lawsuit will be filed directly.

The compensation items include: medical expenses, lost work expenses, nursing expenses, nutrition expenses, food subsidies, transportation expenses, accommodation expenses, follow-up expenses, disability compensation, child support, etc.

What should I do if I am injured on the construction site and the boss does not give me money?

First of all, it is necessary to clarify the nature of employment, whether it is an employment relationship or a relationship between the two types of employers, and there is a difference in the compensation procedure and amount between the two. Secondly, if it is an employment relationship, Li Feng will sue directly if the negotiation fails. The compensation items are:

Medical expenses, lost work expenses, nursing expenses, nutrition expenses, food allowances, transportation expenses, accommodation expenses, follow-up expenses, disability compensation, child support, etc.

It is an employment relationship.

The court has made a judgment to enforce it, and today he has been detained, a total of more than 90,000 yuan, and I want him to pay 50,000 yuan, but he will not give it.

Yes. What if he doesn't give money all the time.

He will not be afraid to carry it out.

If you don't give it, you can only enforce it.

The question is that he doesn't pay, he only detains him for 15 days and then comes out, do I have any other way?

Wait, continue to execute him.

Keep doing it without stopping.

If it goes on like this, I won't be able to get the money.

The question is that he was only detained for fifteen days, so it went on and on.

For the time being, this can only be done.

Solve the problem with the labor union or the local labor department, since it is determined that it is a work-related injury, the boss of the company must give compensation.

Work injury, waist 1 violent fracture, now the boss is unwilling to pay, do not know the specific address of the boss's home. I don't know if it's the construction company's Mingwu faction, (there is no sign on the construction site) I don't ask the staff to say, what should I do? If you have a labor contract, bring a labor contract, and if you don't have one, bring a pay slip, or a time sheet, or a worker's certificate to the labor department.

If you can't find the boss's name and specific address, find the Construction Bureau, they have planning and design information, and they will definitely be able to find the undertaker, and directly sue the undertaker for compensation, and it is best to find a lawyer to operate the whole process.

Wish:**.

If it is suspected that the injury is due to the working period, then it should be executed according to the labor grinding contract, and the employer and the boss must bear certain responsibilities and obligations, and if the boss is not willing to pay, he can go to the local labor department to report.

It is recommended to apply for work-related injury recognition in a timely manner, and then apply for labor ability appraisal, and calculate the compensation according to the appraisal of the disability level. You can enjoy work-related injury medical treatment and work-related injury disability benefits. Includes:

Medical expenses, transportation and meal allowances, installation of assistive devices, leave of absence with pay, nursing expenses, one-time disability allowance, medical subsidy for one-time work-related injuries and one-time disability employment allowance. The specific amount shall be determined in combination with the salary of the person and the average monthly salary of the employee in the province in the previous year. Application Materials:

Application form for determination of work-related injury, proof of existence of labor relationship with the employer, medical diagnosis certificate or occupational disease diagnosis certificate. Other materials may be required according to different local regulations, and you can contact the local application department for details.

Article 9 of the Regulations on the Supervision of Labor and Social Security Any organization or individual has the right to report to the administrative department for labor security any violation of laws, regulations or rules on labor security. If a worker believes that the employer has infringed upon his or her legitimate rights and interests in labor security, he or she has the right to lodge a complaint with the labor security administrative department. Article 41 of the Social Insurance Law of the People's Republic of China If an employee's employer fails to pay work-related injury insurance premiums in accordance with the law, and a work-related accident occurs, the employer shall pay the work-related injury insurance benefits.

If the employer does not pay, it shall be paid in advance from the work-related injury insurance**. The work-related injury insurance benefits paid in advance from the work-related injury insurance** shall be reimbursed by the employer. If the employer fails to repay, the social insurance agency may recover compensation in accordance with the provisions of Article 63 of this Law.

Legal analysis: If the boss does not lose money if he is injured on the construction site, he must find out the nature of the employment, whether it is an employment relationship or a labor relationship. If it is an employment relationship, if the negotiation fails, the lawsuit will be filed directly.

If it is an employment relationship, it is a work-related accident, and it is necessary to report the work-related injury, conduct a work-related injury appraisal, and determine the level of disability.

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, the time limit for application may be appropriately extended with the consent of the social insurance department or the 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 the 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 difference in the work-related injury benefits and other related expenses that meet the requirements of these Regulations during this period.

First of all, it is necessary to find out whether you are in an employment relationship with the employer, or whether the employer pays you a salary, and you are a worker; If the former is the case, you should file a lawsuit directly with the court as a personal injury compensation dispute, and require the employer and boss to compensate you for medical expenses, lost work expenses, nursing expenses, hospital meal subsidies, transportation and accommodation expenses, nutrition expenses, disability compensation, etc.; If the latter is handling the work-related injury procedure, you should first apply to the local labor arbitration commission to confirm the existence of a de facto labor relationship between you and the employer, and then apply to the Human Resources and Social Security Bureau for a work-related injury determination. Regardless of whether it is based on personal injury or work-related injury, the amount of compensation is very high, and it is recommended that you entrust a lawyer to handle it.

Article 4 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes In the event of a labor dispute, the worker may negotiate with the employer, or ask the labor union or a third party to negotiate with the employer and reach a settlement agreement. Article 5 of the Labor Dispute Mediation and Arbitration Law of the People's Republic of China provides that in the event of a labor dispute, if the parties are unwilling to negotiate, fail to negotiate or fail to perform after reaching a settlement agreement, they may apply to the mediation organization for mediation; If the applicant is unwilling to mediate, fails to mediate, or fails to perform after reaching a mediation agreement, he or she may apply to the Labor Dispute Arbitration Commission for arbitration; If a person is dissatisfied with an arbitral award, he or she may file a lawsuit in the people's court, except as otherwise provided by this Law. Article 6 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes stipulates that in the event of a labor dispute, the parties shall have the responsibility to provide evidence for their own claims.

If the evidence related to the disputed matter is in the possession and management of the employer, the employer shall provide it; If the employer does not provide it, it shall bear the adverse consequences.