I m a rural construction worker who doesn t get compensation for a work related injury 20

If the labor relationship can be determined, you should apply for work-related injury identification and labor ability appraisal as soon as possible to the work-related injury identification department and the labor ability appraisal department, and then apply for labor arbitration as soon as possible according to the appraisal results, and request the employer to compensate for the work-related injury as soon as possible, because the statute of limitations is only 1 year, and the law will not support it after the statute of limitations, and you will lose the right to win the lawsuit.

Compensation items for disability caused by work-related injuries: medical expenses, food allowance during hospitalization, living care expenses, wages during work-related injuries, transportation and accommodation expenses, assistive device expenses, one-time disability allowance, disability allowance, one-time medical subsidy for work-related injuries, one-time disability employment subsidy, etc.

If there is evidence, try to go through the formal procedure as much as possible, and you can get more compensation. If there is not sufficient evidence, then it is necessary to rely on the strength of others. For example, you can try to report safety accidents to the Work Safety Supervision Bureau, you can go to some construction sites** or the petition department of the relevant unit to complain, or you can hire a lawyer to coordinate.

You can find local trade unions or migrant worker aid organizations.

It is necessary to prosecute, to find evidence, to witness, and to prove. You can find a job if you lose it, but if you put up with it, you will condone this kind of person, and you will harm yourself!!

If you are looking for a contractor, a construction team, or a construction site developer, and you want to pay money, you can seek legal assistance, or you can entrust a lawyer to fight a lawsuit.

Apply for labor arbitration. You can seek legal aid or hire a lawyer to fight the case.

If you are looking for legal assistance, you can also apply for labor arbitration, which will be faster.

Find enough evidence, witnesses, go to the hospital to open a certificate of work-related injury, and the court prosecutes.

If a migrant worker is employed by a natural person, for example, by a contractor, then the contractor can be held liable to the employer after the migrant worker is injured. However, since the contractor is a natural person, he can only form a labor relationship with the migrant workers, but cannot form a labor relationship. In accordance with the provisions of the Civil Code,"Labor relations are formed between individuals.

If the party providing the service suffers damage due to the service, it shall bear the corresponding responsibility according to its own fault"。

<>Therefore, if a migrant worker is injured, they can claim tort liability (personal injury liability) against the contractor based on their own fault. If the migrant worker's injury is caused by a third party, then the migrant worker can claim tort liability against the third party, or the contractor can choose to compensate for it. If they are employed by an employer, they can claim liability against the employer.

According to the difference between the two parties in terms of whether the employment relationship or the employment relationship is constituted, they can claim to bear the liability for work-related injuries or personal injury compensation to the employer.

Leave of absence with pay. The original salary and benefits remain unchanged and are paid by the unit on a monthly basis. Nursing fees.

For those who need nursing care after being assessed as disabled and are unable to take care of themselves, they will be paid in full at 50% of the average annual monthly salary of local employees. For most of the people who cannot take care of themselves, the overall plan is 40% of the average monthly salary of employees; For those who are unable to take care of themselves, the overall planning is 30% of the average monthly salary of local employees. If an employee is injured in an accident or suffers from an occupational disease due to work-related reasons, and is identified as a work-related injury, he or she shall enjoy work-related injury insurance benefits.

Among them, those who lose their ability to work after the appraisal of their ability to work enjoy disability benefits. The appraisal of work-related injuries and labor capacity shall be simple and convenient. If the victim needs to seek medical treatment elsewhere, he or she may be entitled to accommodation compensation.

If the victim is seriously injured and needs to supplement certain nutritional foods and nutritional subsidies, certain nutrition expenses may be reimbursed according to the circumstances. A person who has lost all or part of his or her ability to work shall be compensated for his or her disability, depending on the circumstances. Compensation and lost time pay cannot be double-counted.

Subsequently, mental comfort, in my own words, this compensation generally applies to cases of death caused by the physical disability of the victim, and is a form of compensation for the mental anguish of the victim's relatives, not to personal accidents.

According to the regulations of the state, when a migrant worker is injured at a construction site, if it is a grade 9 work-related injury, the standard of compensation is to compensate the employee for 9 months' salary, as well as a one-time disability subsidy.

Migrant workers were injured at the construction site. If it is within the scope of industry and commerce, it will be compensated by the employer and the work-related injury insurance**. If the cause of the infringement by others is the cause, then the infringer shall be liable for compensation, and if it is his own cause, then he shall bear the liability himself.

We can apply to the person in charge of the site for work-related injury reimbursement; The state determined that although he was injured at work, he could be compensated based on the degree of disability.

Legal analysis: If a migrant worker is injured at a construction site and is a work-related injury, the employer shall submit an application for work-related injury recognition to the social insurance administrative department of the coordinating area within 30 days. 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.

If the employer does not compensate for the work-related injury after it is determined, it may request the work-related injury insurance to pay in advance. Legal basis: Article 17 of the Regulations of the People's Republic of China on Work-related Injury Insurance Article If an employee is injured in an accident or is diagnosed or identified 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 region.

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 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. In accordance with the provisions of the first paragraph of this Article, the provincial-level social insurance administrative department shall handle the determination of the work-related injury of the person 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 paragraph 1 of this Article, the employer shall bear the relevant expenses such as work-related injury benefits that meet the requirements of these Regulations during this period.

Try to negotiate with your employer to resolve the issue and ask them to compensate them accordingly. You can express your dissatisfaction and requirements to the employer through **, interview, etc. 2. Ask for help:

If the negotiation fails, you can file a complaint with the local labor inspection department or the human resources and social security department and ask them to intervene in mediation to protect your legitimate rights and interests. <>

Hello, if a migrant worker is injured on the construction site, he or she is not allowed to work, and how to compensate for the injury, please refer to the following: 1. Negotiate with the employer: try to negotiate with the employer to solve the problem and ask him to give corresponding compensation.

You can express your dissatisfaction and requirements to the employer through **, interview, etc. 2. Seek help: If the negotiation fails, you can complain to the local labor inspection department or human resources and social security department, and ask them to mediate and protect your legitimate rights and interests.

Hello, we can also protect our rights through legal means: if the situation is serious, you can protect your rights through legal channels, including suing the employer, applying for arbitration, etc. When dealing with such issues, it is advisable to remain calm and not to compromise or be threatened.

At the same time, it is also necessary to pay more attention to the working environment and safety, so as to avoid suffering similar injuries again as much as possible. <>

In the event of a work-related injury, if there is no work-related injury determination, will wages be paid?

Hello, there is no work-related injury recognition in the event of a work-related injury, and wages will be paid. If a work-related injury occurs but no work-related injury is recognized, the employer shall pay wages and benefits to the employee in accordance with the agreed upon labor conditions. If the employee is unable to work normally due to work-related injuries, the employer shall also provide corresponding disability allowance and medical expenses subsidies in accordance with relevant laws and regulations and the labor contract.

Summary. Hello, dear, I'm honored to answer for you! <>

If a migrant worker is injured on a construction site, it is not recognized as compensation for work-related injuries and is a relative of personal injury compensation. Personal injury compensation includes medical expenses, medical expenses, cosmetic surgery expenses, and follow-up expenses: determined according to the receipt vouchers for medical expenses and hospitalization fees issued by medical institutions, combined with relevant evidence such as medical records and diagnosis certificates.

If the person obligated to indemnify has objections to the necessity and reasonableness of **, it shall bear the corresponding burden of proof.

How to compensate migrant workers who are injured on the construction site and cannot be recognized as work-related injuries.

Hello, dear, I'm honored to answer for you! <>

If a migrant worker is injured on a construction site, it is not recognized as compensation for work-related injuries and is a relative of personal injury compensation. Personal injury compensation includes medical expenses, medical expenses, cosmetic surgery expenses, and post-filial piety renewal expenses: determined according to the medical expenses issued by the medical institution, hospitalization fees and other collection vouchers, combined with medical records and diagnosis certificates and other relevant evidence.

If the person obligated to indemnify has objections to the necessity and reasonableness of **, it shall bear the corresponding burden of proof.

"If the third party does not pay the medical expenses for the work-related injury or the third party cannot be determined, the work-related injury insurance shall pay in advance. After the work-related injury insurance** is paid in advance, it has the right to recover from a third party. "First of all, the compensation items to which this article applies are limited to medical expenses, and other compensation items such as funeral expenses, nursing expenses, and lost work expenses are not covered.

Secondly, this article establishes the principle that medical expenses should be paid by the third party in advance, and the work-related injury insurance** will only pay the medical expenses if the third party does not pay or the third party cannot be identified. This undoubtedly deprives the injured worker of the right to adequate compensation.