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What kind of work injury is so humiliating that you don't plan to retaliate back? Since someone beat you, there must be a reason to find that person and return it twice.
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Legal analysis: It is useless to file a case with the police station after being injured on the construction site, and this situation does not fall within the jurisdiction of the police station. First of all, it is necessary to apply to the local labor department for work-related injury identification, which is the premise of all problems, without applying for work-related injury identification, it is impossible to obtain compensation through work-related injury, if the unit 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 the injury is stabilized, you can apply for a labor ability appraisal to identify the work-related injury level, and then calculate the amount of disability compensation according to the disability level; If the employer fails to fulfill the above obligations, the injured employee can file a complaint with the local labor inspection brigade or directly apply for arbitration to the labor arbitration commission to protect his or her legitimate rights and interests.
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 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 immediate family members 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 labor and social security administrative department of the coordinating area where the employer is located. In accordance with the provisions of the first paragraph of this Article, the provincial-level social insurance administrative department shall handle the matters concerning the determination of work-related injuries by the social insurance administrative department of the districted city in the place 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.
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1. If it is a criminal or public security injury case caused by work, it must be reported to the public security department for filing; At the same time, it shall be reported to the local labor and work-related injury insurance management department for work-related injury identification and confirmation of work-related injury.
2. If it is an injury accident caused by work, it is not necessary to report to the public security department to file a case; It is necessary to report to the local labor and work-related injury insurance management department for work-related injury identification, and only after the work-related injury is confirmed can it be implemented according to the work-related injury treatment.
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No, if you are afraid that the other party will not admit it in the future, you can also call the police, it is best to go to the doctor first and negotiate a solution.
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You can negotiate a solution in private, and if you can't solve it, you have to call the police.
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First: there are no fees.
Second: it is not considered a case. It's true that your case is not even an ordinary case...
If you insist on the public security organs filing a case, you can do that. It's a bit of a fuss, though. In addition, if there is no other evidence (mainly the testimony of other persons unrelated to the parties to the case) that proves that it was the other party who provoked the conflict first and that the other party beat you first.
Then if there is only the testimony of you and the other party, the final result is that either you will bear your own medical expenses, or both parties will be detained for 15 days...
Third: You and his injuries should be minor, and the law will not give you preferential treatment just because you are a woman or a man.
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There is no fee, and the case can be closed as long as the facts of the case are clarified, and the maximum will not exceed one year.
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China's regulations on work-related injury insurance stipulate that the standard of work-related injury compensation, also known as the standard of work-related injury insurance benefits, generally refers to the compensation items and standards that can be enjoyed by the relatives of work-related injured employees and work-related deceased employees in accordance with the law. Normally, there is no need to report to the police after a work-related accident. Compensation for work-related injuries is not within the scope of the police's responsibility, and must be reported to the competent authorities at a higher level and the local safety production department, and the employee must report the work-related injury to the social security bureau.
1. The legal effect of the work-related injury and compensation mediation agreement.
Work-related injury compensation standards, also known as work-related injury insurance treatment standards. It refers to the compensation items and standards that employees who are injured at work and the relatives of employees who have died at work shall enjoy in accordance with the law. The Workers' Compensation Mediation Agreement is legally effective and of a legal nature after the Company and the injured employee have negotiated on an equal footing on the issue of work-related injury compensation.
2. The standard of one-time disability subsidy for work-related injuries in Beijing.
The Beijing Work-related Injury Compensation Standard, also known as the Beijing Work-related Injury Insurance Treatment Standard, refers to the compensation items and standards that the injured employees and relatives of the deceased employees in Beijing should enjoy in accordance with the law. If an employee of an employer suffers a work-related injury during the period when he has not participated in work-related injury insurance, the employer shall pay the expenses in accordance with the work-related injury insurance treatment items and standards stipulated in the Regulations on Work-related Injury Insurance, Several Provisions on the Implementation of Work-related Injury Insurance Regulations of Beijing, and the Notice on the Standards of Expenditure Items and Related Issues of Work-related Injury Insurance in Beijing.
3. How to compensate for medical expenses for work-related injuries.
Pay for the medical treatment in advance first, and then defend the rights of the other party through litigation after the medical treatment is completed. Workers' compensation is also known as work-related injury insurance benefits. It refers to the compensation items and standards that employees who are injured at work and the relatives of employees who have died at work shall enjoy in accordance with the law.
If an employee of an employer suffers a work-related injury during the period when he has not participated in work-related injury insurance, the employer shall pay the expenses in accordance with the work-related injury insurance benefits and standards stipulated by relevant laws.
Article 14 of the Regulations on Work-related Injury Insurance stipulates that an employee shall be deemed to have suffered a work-related injury if he or she falls under any of the following circumstances:
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) 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.
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Legal analysis: work-related injuries should be applied to the local social security bureau for work-related injury determination, not the issue of reporting to the police.
Legal basis: Regulations on Work-related Injury Insurance Article 20 The social insurance administrative department shall, within 60 days from the date of accepting the application for work-related injury determination, make a decision on the determination of work-related injury, and notify the employee or his close relatives and the employee's employer in writing. 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.
Where a decision to determine a work-related injury needs to be based on the conclusion of the judicial organ or the relevant administrative department, the time limit for making a decision on the determination of work-related injury is suspended during the period when the judicial organ or the relevant administrative department has not reached a conclusion. Where the staff of the social insurance administrative department has an interest in the applicant for work-related injury determination, they shall recuse themselves.
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First of all, it can be said with certainty that no matter what the reason, whether it is for work, fighting during working hours, it cannot be recognized as a work-related injury, and it is necessary to give disciplinary action, which is a serious violation of discipline, because this move not only affects the normal work order, but also seriously threatens the safety of others and yourself.
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