How to compensate for work related injuries of summer workers, and how to compensate for work relate

You were injured on the way to work, and the cause of the injury was not your fault, so according to Article 14 of the Regulations on Work-related Injury Insurance, there is no doubt that it is a work-related injury.

Since it is a work injury, then it must be the company that bears the full responsibility. This is provided for by law (Article 34 of the Tort Liability Law). This is also the case in the regulations on work-related injury insurance.

As for saying that you are a summer worker, it is the same. The company has not purchased work-related injury insurance for you, so the company needs to be responsible for it. Generally speaking, work-study students do not need to sign a labor contract, but generally the company will buy work-related injury insurance or personal accident insurance, which is the company's own protection.

But if the company doesn't buy it, it's the company's own problem, and all the compensation will be borne by the company itself.

It is recommended that you first report to the local labor bureau, and at the same time communicate with the teacher and the company to ask for compensation.

You are injured at work, the question is whether the person in the car is willing to give you a certificate? Also, do you have any evidence in your own hands to prove that it was in the company's car? The company says that it is willing to reimburse the medical expenses, and you can find a friend who you think is more trustworthy to reimburse the medical expenses you incur now.

It is a bit necessary to pay attention to a person who does not easily trust others outside, you first copy the invoice to the company to calculate it to see if it can give you money. Don't take the original for reimbursement now. This company really wants to stabilize you right now.

If the company keeps delaying, you should go to the labor office and report the company as soon as possible.

Legal Analysis: Summer workers can claim certain compensation from the company. Summer workers do not have a labor contract, which is in the nature of employment, so they can only be handled in accordance with the method of personal injury compensation, and cannot be handled according to the procedure of making fun of Hongzhao's work-related injuries.

Students who work in their spare time are not deemed to have established a labor relationship with the enterprise, and they are not required to sign a labor contract. It is generally believed that students do not have the qualifications to refer to the subject of labor and cannot form a long-term and stable labor relationship.

Legal basis: 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.

Summer vacation workers are not labor contracts, but are labor or employment in nature, so they can only be handled in accordance with the "personal injury compensation method", and cannot be handled as "work-related injuries", and can be compensated by the company. If the disability is caused, the standard is medical expenses calculated according to the medical expenses, medical expenses, hospitalization fees, and other expenses; Lost time pay is calculated based on the actual reduced income or the average income of the last three years; Disability compensation shall be calculated on the basis of the per capita disposable income of urban residents or the per capita net income of rural residents in the previous year at the location of the court where the lawsuit is filed, and the hardship shall be calculated as 20 years. Article 179 of the Civil Code Whoever infringes upon another person and causes personal injury shall be compensated for the reasonable expenses incurred for medical treatment, nursing expenses, transportation expenses, nutrition expenses, and hospital meal subsidies, as well as the loss of income due to lost work.

where disability is caused, compensation shall also be made for the cost of assistive devices and disability compensation; If the death is caused, funeral expenses and death compensation shall also be compensated.

Injuries at work during summer vacation are handled as follows:

1. Summer vacation workers do not belong to labor contracts, but are in the nature of labor or employment, so they can only be handled in accordance with the personal injury compensation method, and cannot be handled according to the work-related injury. It is possible to claim compensation from the company.

2. According to the Regulations on Work-related Injury Insurance, if a worker is injured in an accident during working hours and in the workplace due to work-related reasons, it shall be recognized as a work-related injury and can enjoy work-related injury insurance benefits in accordance with the law. Work-related injuries are also known as "work-related injuries" and "work-related injuries". Employees are injured in production or work.

According to the provisions of the state, those who are injured while performing routine work and work temporarily assigned or agreed by the administrative department of the enterprise, engaging in work that is beneficial to the enterprise although not designated by the administrative department of the enterprise in an emergency, and engaging in the work of invention or technological improvement are all work-related injuries.

1. Xi Xian can request compensation from the company. It can only be handled according to the personal injury compensation method, and cannot be handled in accordance with the work-related injury method.

2. If a worker is injured in an accident during working hours and in the workplace due to work luck, it shall be recognized as a work-related injury and may enjoy work-related injury insurance benefits in accordance with the law.

1. How to deal with work-related injuries during summer vacation.

1. If you are injured during the summer vacation, you can ask the company for compensation. Summer vacation work is not a labor contract, but is in the nature of labor or employment, so it can only be handled in accordance with the personal injury compensation method, and cannot be handled as a work-related injury. According to the relevant Wu Naina law, if an employee is injured in an accident due to work reasons during working hours and in the workplace, it shall be recognized as a work-related injury and he or she may enjoy work-related injury insurance benefits in accordance with the law.

2. Legal basis: Article 14 of the Regulations on Work-related Injury Insurance.

In any of the following circumstances, it shall be found to be a work-related injury:

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 shall be recognized as work-related injuries as provided by laws and regulations and administrative regulations.

2. What are the types of work-related injuries?

1. Classification according to the degree of injury. It is generally divided into minor injuries and major injuries. It can also be classified as moderate injury, non-life-threatening serious injury, life-threatening serious injury, critical, alive and unknown.

2. Classification according to the causative factors. mechanical injuries such as cuts and puncture wounds caused by sharp objects, contusions caused by blunt objects, crush injuries caused by building collapses, fractures caused by falls from heights; physical injuries such as burns, burns, frostbite, electrical damage, ionizing radiation damage; Chemical damage cavities are not as good as burns caused by strong acids, alkalis, phosphorus, and hydrofluoric acid.

3. Classification according to the injured part. It can be divided into head injury, facial injury, chest injury, abdominal injury, and limb injury.

4. According to whether there is a wound on the mucosal surface, it is divided into open injury and closed injury.

5. According to the number of injured tissues and organs, it can be divided into single injury and multiple injury.

1.If it is a labor dispute, it is necessary to first apply for a determination of work-related injury, and then apply for a labor ability appraisal in accordance with the law, and claim compensation for the appraisal conclusion, and if the negotiation fails, a labor arbitration shall be initiated. The compensation for work-related injuries is based on the employee's salary and social average wage, and the defendant in the lawsuit is an entity or an individual legal person.

2.If it is a temporary labor service or employment act, the employer shall be liable for compensation, and if the negotiation fails, it can directly sue the employer to bear the liability for compensation. The main items of compensation are:

Disability compensation, nursing expenses, lost work expenses, medical expenses, food allowances, living expenses for dependents, mental compensation, transportation expenses, etc. Disability compensation mainly depends on the age of the injured person and the type of household registration, and there is a big difference between urban residents and rural residents.

Legal basis: Regulations on Work-related Injury Insurance Article 19 After accepting an application for recognition of work-related injury, the social insurance administrative department may, according to the needs of the examination, investigate and verify the accident injury, and the employer, employees, trade union organizations, medical institutions and relevant departments shall provide assistance. The diagnosis of occupational diseases and the appraisal of diagnostic disputes shall be carried out in accordance with the relevant provisions of the Law on the Prevention and Treatment of Occupational Diseases.

The social insurance administrative department will no longer conduct investigation and verification of those who have obtained a certificate of diagnosis of an occupational disease or an appraisal of an occupational disease in accordance with the law. If the employee or his close relatives believe that it is a work-related injury, and the employer does not stop it, the employer shall bear the burden of proof.