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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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If you are beaten for work-related reasons, you can apply for a work-related injury. For non-work reasons, only the perpetrator will be compensated. Personal injury compensation, medical expenses, transportation expenses, hospitalization meal allowance in case of hospitalization. Plastic surgery fee.
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As far as you have stated, although you are not yet 18 years old, you are at least 16 years old and meet the legal age for employment. Your situation is a work-related injury, in view of your situation, it is recommended to hire a lawyer to assist, first apply for labor arbitration to confirm the labor relationship, apply to the social security department for work-related injury identification, and then decide whether to apply for labor ability level appraisal according to the degree of disability after the work-related injury**, which are all important bases for your claim according to law.
Good luck with a speedy **.
Hope it helps.
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If you are injured in a fight during work, you can apply for a work-related injury if it is really due to work. You can apply to the local human resources and social security bureau, and then apply for a labor ability appraisal after the work-related injury is identified, and if you can get the grade, the compensation result will be satisfactory to you. In addition, since the ** has been mediated, it is not appropriate to file a civil lawsuit again, the court will definitely say that you have reversed course, it is best to negotiate again, if it is really not possible, you can go to the injury, and then the amount of compensation has been seriously insufficient, and the mediation is unfair to file a lawsuit.
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Injuries caused by negligence or other reasons during work or injuries on the way to and from work can be classified as work-related injuries, and the perpetrator should be held accountable if they are beaten, and if they constitute a crime, they will be investigated for criminal responsibility, and the workplace will also have certain responsibility, but it may not be classified as a work-related injury. You can ask the person who hit you to compensate for several expenses such as medical expenses, lost work expenses, nutrition expenses, etc.
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Intentional injury, of course, during working hours, due to work, also consider the issue of work-related injuries. For work-related injury identification, the company will handle it as a work-related injury, and can also file a civil lawsuit against the perpetrator for compensation.
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If you are injured at work, you can apply for a work-related injury appraisal, and then find a lawyer to help you guide you on what compensation you can get.
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Hello! Your husband can indeed be recognized as a work-related injury. According to Article 14 of the 2011 Regulations on Work-related Injury Insurance, "an employee shall be deemed to have suffered a work-related injury if he or she has 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;
"In full compliance with subparagraph (iii).
Therefore, you have the right to request the company to submit an application for work-related injury recognition to the social insurance administrative department of the coordinating region within 30 days from the date of the accident. If the company does not apply for work-related injury recognition during this period, you can directly apply for work-related injury recognition to the social insurance administrative department of the local coordinating area within one year from the date of occurrence of the accident injury. There is no doubt that your husband's situation should be a work-related injury.
In the absence of the aftermath of disability, if the injured person is unable to compensate, the company shall bear all medical expenses and nursing expenses, etc., and shall not deduct your husband's salary for any reason.
If the head injury persists, it is recommended to obtain a medical certificate from a hospital to confirm the injury, and if necessary, apply to the local labor ability appraisal committee for an evaluation. If it is disabled, the company shall be required to bear the disability compensation and other expenses in accordance with the work-related injury and disability compensation standard after grading.
I hope you can do it well.
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It is a work-related injury. You can apply for a work-related injury determination. If you buy social security, medical expenses, etc., will be paid by social security. If you do not have social security, the company will bear it.
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Work-related injuries and torts can be compensated at the same time, except for ** fees.
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If it is a work-related injury, the employer shall compensate for it. The medical expenses are paid in full by the employer, and the work-related injury appraisal can be carried out, and if the disability can be assessed, the compensation will be calculated according to the disability level. Even if the disability cannot be assessed, the employer can be required to pay for the period of suspension of work with pay, and should also pay for plastic surgery and other expenses.
You can consult a local lawyer for details.
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I think you should first go to the judicial appraisal of the work-related injury, then determine the level of work-related injury, and then go to the lawyer to consult first, how much can be claimed, and what evidence is needed. When you're ready, go find him again!
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This is a work-related injury, and it is necessary to see how many levels of work-related injury can be determined, and the claim can be made.
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However, in the construction field, subcontracting and illegal subcontracting are common, and many of the subcontractors and illegal subcontractors are natural persons, who are not employers under the labor law, and are usually called contract foremen. Therefore, the relationship between the employee and the contractor is not an employment relationship, but an employment relationship. So who can an employee who is employed by a contractor claim compensation from if he is injured on the job?
According to the provisions of paragraphs 1 and 2 of Article 11 of the Judicial Interpretation on Compensation for Personal Injury, an employee may file a civil tort compensation lawsuit against the employer, since the contractor is an individual who does not have the contracting qualifications, and the employee's former employer, i.e., the employer and the subcontractor, are naturally aware that the contractor and the subcontractor do not have the corresponding qualifications, so the employee may sue the employer and the subcontractor at the same time to demand joint and several liability. According to Article 3, Paragraph 4 of the Provisions on Several Issues Concerning Administrative Cases of Work-related Injury Insurance, an employee may directly apply to the administrative department for work-related injury insurance for recognition of work-related injury, and after the work-related injury is determined and the working ability and disability rating are assessed, the employee has the right to demand payment from the employer for the work-related injury compensation items that should be borne by the employer in accordance with the law. Therefore, in the case of subcontracting or illegal subcontracting, the employee has the right to claim both tort liability and work-related injury insurance compensation, and the employee has the right to choose only one of the claims, and cannot make another claim after the exercise of the choice.
Legal basis: Article 11 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 Article 11 If an employee suffers personal injury in the course of employment activities, the employer shall be liable for compensation. If a third party outside the employment relationship causes personal injury to an employee, the person entitled to compensation may request the third party to bear the liability for compensation, and may also request the employer to bear the liability for compensation.
After the employer assumes the liability for compensation, it can recover from a third party. If an employee suffers personal injury due to a work safety accident in the course of employment activities, and the employer or subcontractor knows or should know that the employer receiving the contract or subcontract business does not have the corresponding qualifications or conditions for safe production, it shall be jointly and severally liable with the employer for compensation. The provisions of this article do not apply to the scope of labor relations and work-related injury insurance regulated by the Regulations on Work-related Injury Insurance.
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There are special work-related injury appraisal institutions in various places, and it is most correct to go through the legal procedures after doing the appraisal.
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If the negotiation fails, please find a lawyer to file a lawsuit.
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What compensation can an employee receive if he dies on the job, and what is the compensation standard?
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In addition to medical expenses, according to Article 2 of the Regulations on Work-related Injury Insurance, after the employer participates in social insurance, the work-related injury insurance** will bear the following expenses:
1. If the employee is identified as level 1 to level 10 due to work-related disability, a one-time disability subsidy of 6-24 months' salary will be paid from the work-related injury insurance** according to the disability level;
2. If an employee is identified as a first-level to fourth-grade disability due to work-related disability, he or she shall quit his or her job and be paid a disability allowance of 75% to 90% of his salary on a monthly basis from work-related injury insurance**;
3. If the disability level has been assessed and confirmed by the Labor Ability Appraisal Committee to be in need of life care, 30% and 50% of the average monthly salary of employees in the overall planning area shall be paid on a monthly basis from the work-related injury insurance** to 50% of the living care expenses of the employees in the overall planning area;
4. If an employee dies on the job, his immediate family members shall receive funeral, subsidy, pension for dependent relatives and one-time work-related death subsidy from work-related injury insurance** according to regulations. At the same time, the Regulations on Work-related Injury Insurance also stipulate that "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 treatment items and standards stipulated in these Regulations."
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Article 10 (1) of the Regulations on Work-related Injury Insurance stipulates that an employee "is injured in an accident due to work-related reasons during working hours and in the workplace."
DAO harm", shall be found to be a work-related injury. On the surface, as long as a worker is injured in an accident during working hours and in the workplace, regardless of whether there is a personal operation error, it should be treated as a work-related injury. The clause signed between the employer and you on the "self-responsibility for work-related injury issues" is invalid if it conflicts with the law.
You should apply to the Labor Bureau for the identification of the work-related injury level, and the compensation and related benefits are enjoyed according to the work-related injury level, which is clearly stipulated in the "Regulations on Work-related Injury Insurance", which you can refer to.
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I want to ask you, how much money should this troublemaker pay if something happens in the unit?
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Yes, as long as it is a work-related injury, the employer is responsible, but the responsibility varies depending on the situation.
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1. Call the police first, and then apply to ** for injury appraisal, and determine the responsibility of the other party according to the injury appraisal conclusion.
If it is determined that the injury is minor or above, then the other party is suspected of a criminal offense and can request that he be investigated for criminal responsibility.
2. The other party may be required to make civil compensation, including compensation for medical expenses, lost work expenses, nutrition expenses, nursing expenses, property losses, etc., and if it constitutes disability, the other party can also be required to compensate for disability compensation.
Compensation standards for injuries sustained in fights.
1 General Provisions.
1) Where a fight injures another person, but has not yet caused disability, compensation shall be made for medical expenses and loss of income due to lost work. Medical expenses generally include medical expenses, ** expenses, nursing expenses, transportation expenses, accommodation expenses, necessary nutrition expenses, etc.
2) If a person is disabled as a result of fighting, in addition to all expenses such as medical expenses and lost work expenses, he shall also compensate the disabled person for living allowances, self-help equipment and disability compensation, as well as the necessary living expenses of the person who was actually supported by the disabled person before the disability and has no other livelihood.
3) If a person dies as a result of a fight, in addition to all expenses such as medical expenses, funeral expenses, death compensation, and necessary living expenses of the deceased who was actually raised during his lifetime and had no other livelihood.
2. Specific compensation standards.
1) Compensation amount for medical expenses = incurred medical expenses (excluding medical expenses for the primary disease) + expected medical expenses.
2) Compensation amount for lost time = lost time Income standard (the patient's fixed income reduced due to lost work).
3) Hospitalization meal subsidy = length of hospitalization The standard of business trip meal allowance for general staff of state organs in the place where the medical accident occurred.
4) Compensation amount of escort fee = number of days of escort Number of escorts The average annual salary of employees in the previous year at the site of the medical accident.
5) Disability living allowance compensation = disability level The average annual living expenses of residents in the place where the medical accident occurred The compensation period.
6) Compensation amount for disability equipment = cost of universal equipment.
7) Compensation amount for funeral expenses = 6 months of average monthly salary of employees in the city in the previous year.
8) Compensation amount for living expenses of dependents = number of dependents, minimum living security standard for local residents, and number of years of dependents.
9) Compensation amount for transportation expenses = the sum of the amount of actual necessary transportation expense receipts.
10) Compensation amount for accommodation expenses = number of days of accommodation The standard of accommodation subsidy for general staff of the state agency at the place where the medical accident occurred.
11) Compensation amount of moral damage pension = medical treatment) The average annual living expenses of residents in the place where the accident occurred (the maximum number of years for death is not more than 6 years, and the maximum number of years for disability is not more than 3 years.
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In other words, the case was reported, but the case was not filed, right? This needs to be resolved through coordination between the two parties. Generally speaking, medical expenses, nursing expenses, and lost work expenses should be paid at the very least.
If the injury is too great and causes psychological harm, it is reasonable to ask for moral compensation. If the negotiation is not appropriate and a lawsuit is required, the court can make a judgment and pay the lawyer's fees.
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The police can mediate, and if you disagree, you can file a lawsuit.
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If the evaluation results are minor, the public security organs shall file a case for investigation and pursue the criminal responsibility of the beater. If the public security organ refuses to file a case, it may file a private criminal prosecution in the people's court and demand that the perpetrator be investigated for criminal responsibility. Regardless of whether it is a public prosecution or a private prosecution, an attached civil lawsuit can be filed at the same time to demand compensation for medical expenses and other expenses from the other party.
Article 234 of the Criminal Law [Crime of Intentional Injury] 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. 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.
The scope of civil compensation is based on Article 17 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, including medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, necessary nutrition expenses, etc.
Whether it is a work-related injury or not can be applied to the Human Resources and Social Security Bureau for a work-related injury determination within one year from the date of the accident injury, and the department will make a legally effective decision. When applying, you need to provide: application form for work-related injury determination, proof of existence of labor relationship, medical diagnosis certificate and other materials. >>>More
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