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In this case, if the company is not satisfied with the handling, it can apply for labor arbitration, which will be handled fairly.
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Your brother had 13 stitches for a shoulder injury, and now it's okay, and if the company wants to deal with the compensation, it will have to be compensated according to the extent of the injury and the cost used.
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It depends on whether it is a work-related injury problem or a tort problem, which needs to be analyzed on a case-by-case basis, and it is recommended to consult a local professional lawyer.
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First of all, the work-related injury must be determined, and then the disability appraisal will be conducted, and then according to the results of the three disability appraisals, the company will make a claim, and if the company is not satisfied with the handling, you can directly sue them in court.
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If your brother is injured at work, then it is a work-related injury. If compensation is to be made according to the cause, there are certain conditions for compensation claims.
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Your brother injured his shoulder and had 13 stitches, but now it's better, well, if you want the company to make a claim, you can only know after accounting for your brother's medical expenses and nutrition expenses according to your brother's medical expenses.
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I injured my shoulder, I got 13 stitches, and I asked the company to pay a claim, what should I do? It is best to consult the relevant legal professionals to see how you need to make a claim.
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The horse was injured and stitched 13 stitches, and it was necessary to occupy the company. How to deal with claims? According to the legal process. How to compensate?
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The company shall compensate for medical expenses, food allowance during hospitalization, living care expenses, wages during the work-related injury, transportation and accommodation expenses, assistive device expenses, one-time disability allowance, disability allowance, one-time medical subsidy for work-related injuries, and one-time disability employment subsidy.
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Your brother injured his shoulder, wasn't this company at the time? admitted, but it was he who was injured in this company. Caused by the violation of the operation, so this specific situation should be treated specifically, you can first find a lawyer to consult.
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If it is a work-related injury, the work-related injury should be declared, and after the work-related injury is approved, the work-related injury insurance can be used as the standard of compensation. If the injury is intentional, it should be dealt with by reporting the case to the public security organ and having the public security organ intervene in the investigation. FYI.
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This can be directly negotiated and communicated with their company, if not, then the only way to go through the legal process.
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Injuries can be treated according to the work-related injury department, and the salary will be paid as usual, and the medical treatment and nursing expenses will be borne by the oil and the doctor.
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If he is injured at work, then the company will handle the normal work-related injury procedures. I now ask him to go to the labor bureau to report his work-related injury, first apply for a work-related injury certificate, and then go through the disability evaluation.
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If you are injured at work or related to work.
If it is a work-related injury, first apply to the Human Resources and Social Security Bureau for work-related injury identification, and then apply for disability appraisal after it is stable, and obtain work-related injury benefits according to the grade.
Legal provisions: Regulations on Work-related Injury Insurance.
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Since you are injured in the company, you need the company to pay compensation, you can find a lawyer to consult how much you should pay.
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Hello, as follows:
Assaulting others will violate the "Public Security Administration Punishment Law", and depending on the seriousness of the circumstances, you may face an administrative penalty of a fine of up to 1,000 yuan and detention of up to 15 days.
Causing minor injuries and suspected of the crime of intentional injury shall be pursued for criminal responsibility and sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release.
Supplementary legal provisions:
Article 43 of the Public Security Administration Punishment Law: Whoever assaults another person, or intentionally injures another person's body, shall be detained for not less than 5 days but not more than 10 days, and shall also be fined between 200 and 500 RMB; where the circumstances are more minor, they are to be detained for up to 5 days or fined up to 500 RMB.
In any of the following circumstances, they are to be detained for between 10 and 15 days and fined between 500 and 1,000 RMB:
1) Gang up to beat or injure others;
2) Beating or injuring persons with disabilities, pregnant women, persons under the age of 14, or persons over the age of 60;
3) Repeatedly beating or injuring others, or beating or injuring multiple people at a time.
Article 234 of the Criminal Law: Whoever intentionally injures the body of another person is sentenced to up to three years imprisonment, short-term detention or controlled release.
Whoever commits the crime in the preceding paragraph, causing serious injury, is to be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; Whoever causes death or seriously injures a person by especially cruel means, causing serious disability, is to be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment, or death. Where this Law provides otherwise, follow those provisions.
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Intentionally injuring someone, we have to distinguish between minor injuries and serious injuries.
Minor injuries can be mediated. However, no matter how serious the injuries are, legal liability and civil compensation cannot be escaped. So it is advisable to do your friend's job.
The first is to immediately return and surrender, which is beneficial and harmless to the handling of the case, because if he is arrested and brought to justice, he will only be sentenced heavily.
Second, if it can be solved through coordination, find someone who can talk, coordinate and solve it well, and it is worth spending more money.
If you don't come back immediately, you risk being wanted. After being wanted online, first, you can't stay or work, you can imagine what it looks like; Second, it is possible to be caught at any time, because the current information is networked across the country, and it will be caught wherever it goes. The crime of intentional injury causing minor injury, serious injury, or death (self-defense is not called intentional injury) violates the Criminal Law, the Public Security Administration Punishment Law, the Tort Liability Law, and the General Principles of the Civil Law, depending on the severity of the crime.
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According to the severity of the crimes, they violated the Criminal Law, the Public Security Administration Punishment Law, the Tort Liability Law, and the General Principles of the Civil Law.
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Intentional injury causing minor injury, serious injury, or death.
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Your father is Li Gang, so he has no sins.
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Criminal law should be investigated for criminal responsibility.
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If it is a minor injury, there is no minimum sentence, and there is no minimum sentence, but as long as the sentence is given, you cannot run for the head of the village group.
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According to Article 384 of the Criminal Law of the People's Republic of China, anyone who intentionally injures the body of another person shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release. where serious injury is caused, the sentence is between three and ten years imprisonment; Whoever causes death or seriously injures a person by especially cruel means, causing serious disability, is to be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment, or death.
1. Whoever intentionally injures the body of another person shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release.
2. Whoever intentionally injures another person causing serious injury shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years. "Serious injury" here, in accordance with the provisions of Article 96 of the Criminal Law, refers to any of the following circumstances:
1) Crippling a person's limbs or disfigurement;
2) Causing loss of hearing, vision or other organ functions;
3) Other serious harm to personal health. Among them, "other major injuries to human health" mainly refers to complications other than the above-mentioned serious injuries that are life-threatening at the time of injury or can cause life-threatening complications during the injury, as well as other injuries that seriously affect human health, mainly including craniocerebral injury, neck injury, chest injury, abdominal injury, pelvic injury, spinal cord injury, burns, scalds, frostbite, electric shock injury, injuries caused by physical, chemical or biological and other injury factors. On March 29, 1990, the Ministry of Justice, the Supreme People's Court, the Supreme People's Procuratorate and the Ministry of Public Security issued the Standards for the Appraisal of Serious Human Injuries.
In judicial practice, the appraisal of serious injuries is mainly carried out in accordance with the Standards for the Appraisal of Serious Human Injuries.
3. Whoever intentionally injures another person causing death, or causes serious injury to another person by particularly cruel means, causing serious disability, shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death. "Causing death" here refers to the perpetrator's intention to harm the health of others and injuring others, but the victim's death is caused by the victim's lack of timely or effective treatment after the injury or due to other reasons. "Particularly cruel means" refers to the act of intentionally causing serious disability to others and using particularly cruel means such as disfiguring them, gouging out people's eyes, or cutting off people's feet.
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The sentence for suspected intentional injury is generally about 3 years, and the specific sentence depends on the specific circumstances of the case. If they are not deprived of their political rights, they generally have the right to vote and the right to stand for election.
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Legal procedures for filing a case by the public security organs:
1. Call **110 to report the case or go directly to the nearby police station or police point to report the case;
2. Provide relevant evidence to the police;
3. If the police station files a case, this belongs to the investigation stage. You need to cooperate with the police officer in charge of the case to find out the facts of the case.
4. Public prosecution stage. If it is necessary to pursue criminal responsibility and impose a criminal penalty, the public security organ will transfer the relevant materials such as the conclusion of the investigation to the procuratorate, and the procuratorate will initiate a public prosecution on behalf of the state.
5. Trial stage. The procuratorate filed a lawsuit on behalf of the prosecution, and the court decided the charges and punishments. The victim may file a civil lawsuit attached to the criminal case.
6. If the relevant person is dissatisfied with the first instance, he or she may file an appeal or protest or retrial.
If the public security organ does not file a case:
1. After reporting the case, the public security organ shall issue a decision not to file the case;
2. The victim may prepare relevant evidence and file a lawsuit in the people's court with jurisdiction, requesting that the criminal and civil liability of the person who intentionally injures others be investigated.
3. Acceptance and trial by the court.
4. Dissatisfaction, appeal, etc.
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If the public security organ believes that it is not enough to prosecute, you can collect relevant evidence from the public security organ and go to the people's court for private prosecution.
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Just call the police, and the public security organs will take care of the rest for you.
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Public security pre-trial, procuratorate prosecution, court trial.
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