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Hello. In this case, as you said, your father is counted as a work-related injury, and your father's injury at the construction site will be compensated for your father's lost work expenses, nursing expenses, etc., in addition to hospitalization expenses and medical expenses. As for how much to pay, the boss of the construction site personally said that it does not count, the boss of the construction site should discuss with you and your family how much to pay, if you think it is unreasonable, you can also bargain with him, if he has the final say, it will definitely not be able to pay much.
In this case, it is best for you to find a lawyer, consult with a lawyer about this matter, and let the lawyer give you an idea to see how much compensation is appropriate, after all, the lawyer is more expert. If the lawyer says that the admiration is unreasonable, but the construction site boss still insists on his original intention, you can go to the court to sue him, and let the lawyer help you plan before suing, so as to avoid detours. This is my personal suggestion and opinion, and I hope to give me more advice if there are any shortcomings.
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See how far the injury is. The normal situation is to cure first and then go, and then go to the employer to negotiate the loss of money. If the injury is more serious, the employer is unwilling to lose money, or the compensation is not ideal, then the only way is through legal means.
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It's not normal, this has to pay at least 100,000 yuan, and several broken ribs can be said to be a very high level of work-related injuries More than 10,000 yuan will be compensated, which is too little, and it is recommended to go through legal procedures.
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Find a lawyer near you.
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My father fell and injured himself at the construction site in his 40s, and broke several ribs, and they said that it was normal to pay more than 10,000 yuan? This can be used for disability assessment.
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A little less. After all, there were a few broken ribs. So that's it.
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The specific amount of compensation should be determined according to the degree of disability, and let your father go to a qualified disability appraisal agency to assess the disability level, and then negotiate with the boss according to the disability level.
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Legal analysis: The compensation for work-related injuries and fractures shall be determined according to the level of disability and the level of wages, generally speaking, the following compensation can be obtained for work-related injuries and fractures: 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, and one-time disability employment subsidy.
There are three types of compensation for assessed disability: a lump sum disability allowance, a lump sum disability allowance and a lump sum medical allowance.
Legal basis: "Regulations on Work-related Injury Insurance" Article 32 Due to the needs of daily life or employment, the injured employee may be fitted with prostheses, orthoses, artificial eyes, dentures and wheelchairs and other assistive devices upon confirmation by the Labor Ability Appraisal Committee, and the required expenses shall be paid from the work-related injury insurance** in accordance with the standards prescribed by the state.
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Legal analysis: You can apply for a work-related injury determination, and make a work-related injury claim based on the determination results.
Legal basis: Article 14 of the 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;
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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It is easy to get injured while working on the construction site, because it is more dangerous, but if you are injured during the work, you can apply for a work-related injury determination and then claim compensation from the employer. So how to compensate for breaking two ribs in a fall on the construction site? In order to help you better understand the relevant legal knowledge, we have sorted out the relevant content, let's take a look at it together.
OneHow to compensate for breaking two ribs in a fall on the construction siteFirst of all, it is necessary to apply to the labor and social security administrative department for the determination of work-related injuries. Within one year from the date of the accident injury or the date of diagnosis or appraisal of an occupational disease, the injured employee or his immediate family members or trade union organization may directly apply to the labor and social security administrative department of the co-ordinating area where the employer is located within one year from the date of the accident injury or the date of diagnosis or appraisal of the occupational disease. The administrative department for labor and social security shall, within 60 days from the date of accepting the application for determination of work-related injury, make a decision on the determination of work-related injury, and notify the employee or his immediate family members and the worker's unit in writing of the application for work-related injury determination.
After the work-related injury is identified, the labor ability appraisal will be conducted. If an employee suffers a work-related injury and has a disability that affects his or her ability to work after the injury is relatively stable, an appraisal of his or her ability to work shall be conducted. Labor ability appraisal refers to the grading appraisal of the degree of labor dysfunction and the degree of self-care impairment.
There are 10 levels of disability for labor dysfunction, with the most severe being level 1 and the least being level 10. There are three levels of self-care disorders: complete inability to take care of oneself, inability to take care of oneself most of one's life, and partial inability to take care of oneself in life.
Employees are entitled to work-related injury insurance benefits according to the level of their assessed working ability. You can also claim compensation from your employer for medical expenses incurred during the injury.
IIIf you get injured on the construction site, the boss doesn't care what to doAccording to the law, the employer shall be liable for compensation for personal injury suffered by an employee in the course of employment activities. Otherwise, the employee may file a lawsuit with the people's court for compensation in accordance with the law; If the employer refuses to compensate, the victim may apply for compulsory enforcement, and the people's court has the right to seize, freeze, transfer, or sell the property of the person subject to enforcement according to different circumstances.
IIIWhich department to turn to for injuries on the construction siteInjuries sustained on the construction site are sought from the local Human Resources and Social Security Bureau, which is in charge of work-related injuries. After a migrant worker has an accident at a construction site, according to Article 17 of the Regulations on Work-related Injury Insurance, if an employee is injured in an accident, the unit to which he or she belongs shall, within 30 days from the date of the accident, submit an application for work-related injury recognition to the social insurance administrative department of the coordinating region. If the employer fails to apply to the social security department for work-related injury under normal circumstances, the injured employee, his/her close relatives or trade union organizations may, within one year from the date of the accident, directly apply to the social insurance administrative department of the co-ordinating area where the employer is located for work-related injury determination.
If you fall and break two ribs on the construction site, you must first apply for a work-related injury determination and then ask the employer to compensate you for all your losses. The above is to give you a detailed introduction to the relevant knowledge of how to compensate for breaking two ribs in a fall on the construction site.
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Compensation should be paid for injuries sustained on the construction site: 1. Medical expenses: calculated according to the expenses necessary by the hospital for the victim's injury**; 2. Lost time pay:
Calculated on the basis of actual income; 3. Hospitalization food subsidy: calculated according to the business trip meal subsidy standard of the staff of the state organ where the fall was injured; 4. Nursing fees, accommodation fees, nutrition fees, etc. Mori Cave did not.
Article 30 of the Regulations on Work-related Injury Insurance stipulates that if an employee is injured in an accident or suffers from an occupational disease due to work, he or she shall enjoy the medical treatment of work-related injury. Employees who are injured at work shall seek medical treatment in a medical institution that has signed a service agreement, and in case of emergency, they can first go to the nearest medical institution for first aid. **If the expenses required for work-related injuries meet the requirements of work-related injury insurance diagnosis and treatment items, work-related injury insurance drug lists, and work-related injury insurance hospitalization service standards, they shall be paid from work-related injury insurance**.
The catalogue of work-related injury insurance diagnosis and treatment items, the catalogue of work-related injury insurance drugs, and the hospitalization service standards of work-related injury insurance shall be prescribed by the social insurance administrative department in conjunction with the health administrative department, the food and drug supervision and administration department, and other departments. The food subsidy for the hospitalization of the employee for the work-related injury, as well as the transportation, accommodation and accommodation expenses required for the work-related injury employee to seek medical treatment outside the co-ordination area shall be paid from the work-related injury insurance, and the specific standard of payment shall be stipulated by the people of the co-ordination area.
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