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You don't need to promise anything to anyone, but you should take up the law to defend your rights!
1.After a work-related injury, the work-related injury determination should first be reported to the local social security bureau, and the work-related injury determination is only valid if the declaration is made within the statutory limitation period, and only when the work-related injury determination decision issued by the social security bureau is it a work-related injury recognized by the state, and it has legal efficiency!
2.After the Social Security Bureau issues the work-related injury determination decision, it will arrange for the appraisal of labor ability (disability level appraisal), which is carried out in strict accordance with China's "Work-related Injury Appraisal Standards".
3.After receiving the disability appraisal level, the corresponding level of compensation will be obtained according to my country's "Work-related Injury Compensation Standard!"
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It's useless to go anywhere, just go to the company. Since you have paid social security, you can't pay it if you want to, and the company can control it, and if you don't pay social security, all the work-related injury expenses are also borne by the company, so you can just find the company directly regardless of whether you pay social security or not. In addition, the suspension of insurance in May is decided before April 15, and your work-related injury is in November of 13, and it is still covered in May.
So, you're looking for a company. Who told them to stop the Paul.
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The Workers' Compensation Undertaking is as follows: I hereby have my (ID number: ) accidentally injured in a fall on XX/X/X/YYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYY
On the basis of **** (hereinafter referred to as the company) paying me a total of medical expenses, nursing expenses, food expenses and other expenses and paying a one-time compensation to me, I solemnly promise to the company as follows after full consideration and completely voluntarily: 1. After my application and the company's consent, the labor relationship between me and the company will be terminated. I will actively assist the company in handling the work handover matters.
2. Issue receipts for various expenses and one-time compensation to the company, and return the bills for medical expenses, nursing expenses, food expenses and other expenses to the company. 3. I will no longer ask the company for any reason, no longer file labor arbitration or litigation, and have no legal disputes with the company. 4. This letter of commitment is made by (relationship with me, ID number:
Writing on behalf of the person is an expression of the true meaning of the person. Promiser: Scrivener:
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Legal analysis: The writing format of the work-related injury compensation agreement: the work-related injury compensation agreement should first be dismantled and written down the basic information of the two companies, the injured employee was injured during the work and other relevant circumstances about the accident, and finally, the mediation agreement shall be signed or sealed by both parties, and shall take effect after being signed by the mediator and stamped with the seal of the mediation organization, which shall be binding on both parties and shall be performed.
The workers' compensation agreement must be signed on an equal and voluntary basis by both parties. It must be an expression of the true intention of the Qingqiao party, and cannot be coerced or threatened.
Legal basis: Labor Dispute Arbitration and Mediation Law Article 14 The mediation agreement shall be signed or sealed by both parties, and shall take effect after being signed by the mediator and stamped with the seal of the mediation organization, and shall be binding on both parties and shall be performed. After this agreement comes into effect, Party A and Party B shall terminate the work-related injury insurance relationship, and Party B shall not file any legal procedures for the work-related injury accident in the future.
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The content of the work-related injury commitment letter includes the identity information of the person who was sentenced to filial piety; Termination of employment contract; workers' compensation programs and standards; whether the expression of intent is genuine and voluntary; the means of dispute resolution; The names of both parties and the date on which the undertaking was written.
[Legal basis].Article 470 of the Civil Code of the People's Republic of China.
The content of the contract is agreed upon by the parties and generally includes the following clauses:
1) The names and addresses of the parties;
b) the subject matter; iii) quantity;
iv) Quality; 5) Price or remuneration;
6) The time limit, place and method of performance;
7) Liability for breach of contract;
8) Methods of Dispute Resolution.
The parties may conclude a contract with reference to the model texts of various types of contracts.
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The signing of the letter of commitment that the work-related injury is not related to the company also has no legal effect. According to the law, if an employer exempts itself from statutory responsibilities and excludes the rights of employees, the employment contract is invalid or partially invalid. Therefore, the employee's signing of a bad joke has no legal effect.
Article 26 of the Labor Contract Law of the People's Republic of China The following labor contracts are invalid or partially invalid: (1) Fraud, coercion or taking advantage of the danger of others to cause the other party to conclude or modify the labor contract contrary to its true intentions; (2) The employer falsely exempts itself from statutory responsibilities and excludes the rights of laborers; (3) Violating mandatory provisions of laws or administrative regulations. If there is a dispute over the invalidity or partial invalidity of the labor contract, it shall be confirmed by the labor dispute arbitration institution or the people's court.
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Legal analysis: If it is an expression of the true intention of the parties, and does not violate the mandatory provisions of laws and regulations and the public interest, it has legal effect; On the contrary, the field has no legal effect.
Legal basis: Article 3 of the Labor Contract Law of the People's Republic of China The conclusion of a labor contract shall follow the principles of legality, fairness, equality, voluntariness, consensus, and good faith.
The labor contract concluded in accordance with the law is binding, and the employer and the employee shall perform the obligations stipulated in the labor contract.
Regulations on Work-related Injury Insurance
Article 14 An employee shall be deemed to have suffered a work-related injury 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.
Article 30 Employees who are injured in accidents or suffer from occupational diseases due to work shall enjoy medical treatment for work-related injuries.
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 standards of work-related injury insurance diagnosis and treatment items, work-related injury insurance drug lists, and work-related injury insurance hospitalization services, 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 standards for work-related injury insurance hospitalization services shall be formulated by the social insurance administrative department in conjunction with the health administrative department, the food and spine 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.
Injured employees are not entitled to medical treatment for work-related injuries and shall be dealt with in accordance with the basic medical insurance measures.
If the work-related injury employee goes to the medical institution that has signed the service agreement to carry out the work-related injury**, if it meets the requirements, it shall be paid from the work-related injury insurance**.
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