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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 laws and administrative regulations provide shall be recognized as work-related injuries.
Article 15 An employee shall be deemed to have suffered a work-related injury under any of the following circumstances:
1) Died of a sudden illness during working hours and at work, or died within 48 hours after rescue efforts failed;
2) Suffering harm in emergency rescue and disaster relief or other activities to preserve national or public interests;
3) Employees who previously served in the army, were disabled due to war or duty injuries, and have obtained the certificate of revolutionary disabled soldiers, and were injured after arriving at the employer.
Where employees have any of the circumstances in items (1) or (2) of the preceding paragraph, they shall enjoy work-related injury insurance benefits in accordance with the relevant provisions of these Regulations; Employees who have the circumstances in item (3) of the preceding paragraph shall enjoy work-related injury insurance benefits other than a one-time disability subsidy in accordance with the relevant provisions of these Regulations.
Article 16: Where an employee meets the requirements of Articles 14 and 15 of these Regulations, but in any of the following circumstances, it shall not be recognized as a work-related injury or treated as a work-related injury:
1) Intentionally committing a crime;
2) Drunk or drug addiction;
3) Self-harm or suicide.
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1. It is a work-related injury. You can enjoy work-related injury insurance benefits in accordance with the law (including reimbursement of medical expenses, suspension of work, living care expenses, disability allowance and disability allowance, etc.).
2. 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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1. According to 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) Being injured in a motor vehicle accident while commuting to or from work;
7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.
Your condition qualifies as a work-related injury;
2. You can ask the employer to apply for work-related injury recognition and apply for recognition in Yinchuan, if the employer refuses to compensate, the individual can apply for a period of one year;
3. After the injury is stabilized, if you are left with a disability, you can apply for a disability evaluation;
4. If the disability level is constituted, you can enjoy work-related injury insurance benefits in accordance with the law (including reimbursement of medical expenses, leave of absence from work, living care expenses, disability allowance and disability allowance, etc.);
5. If the unit does not buy a guarantee for you, it can be implemented in accordance with the above regulations;
6. If the employer refuses to compensate, it may apply for labor arbitration.
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【Scope of work-related injury】Article 14 of the Regulations on Work-related Injury Insurance stipulates:
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) Being injured in a motor vehicle accident while commuting to or from work.
6) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.
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It's a work-related injury!
You can apply for a work-related injury, and then do the disability level, and ask the enterprise for compensation according to the disability level!
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Hurry up and prepare the information to declare the work-related injury, go to the social security station to ask for a information sheet, and prepare the information. The results will be available after about a month after the declaration, if it is determined that it is a work-related injury, the medical expenses can be reimbursed, the salary during the work-related injury will be paid as usual, if there is a meal allowance for hospitalization, and you can choose to apply for disability appraisal after a work-related injury. Finally, if the employer does not buy social security for you, the reimbursement and compensation for your own expenses that were originally paid by the social security will be borne by the unit, and it is recommended to declare the work-related injury as soon as possible, with a time limit.
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Yes, depending on the degree of injury, different compensation is obtained.
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If it's a unit dinner, it doesn't count, or it doesn't count.
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Go to the local labor department to apply for a work-related injury determination.
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What can be considered a work-related injury?
According to Article 8 of the Ministry of Labor's Notice on Issuing the Trial Measures for Work-related Injury Insurance for Employees of Enterprises, an employee who is injured, disabled or dies due to one of the following circumstances may be recognized as a work-related injury:
9) On the specified time and necessary route for commuting to and from work, there is a road traffic motor vehicle accident for which there is no personal responsibility or no primary responsibility;
It's a work-related injury!
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It is necessary to apply for a work-related injury determination, and determine whether it constitutes a work-related injury based on the appraisal conclusion. If it constitutes a work-related injury, then it should be claimed by work-related injury insurance, and there is compensation from the unit or work-related injury insurance.
The application for work-related injury determination by the party concerned is usually within one year from the date of the accident. It is sufficient to submit medical evidence such as an application for work-related injury recognition and relevant cases to the labor bureau of the unit or the place where the unit is registered. If the employer refuses to apply and recognize, then you can directly apply to the labor bureau of the place where the unit is registered.
2. Work-related injury claims and compensation issues.
If it constitutes a work-related injury, it shall be covered by work-related injury insurance. If it does not constitute a work-related injury, the work-related injury insurance will not compensate it.
If your employer has paid work-related injury insurance for you, the work-related injury compensation will be paid by the work-related injury insurance**; If the employer does not pay the work-related injury insurance for you, the employer will compensate you in full for all work-related injury insurance.
The amount of compensation is determined according to the level of disability determined in the work-related injury appraisal conclusion, and the compensation standard for each level is slightly different. For the specific compensation standards for each level, please refer to the Regulations on Work-related Injury Insurance.
It is recommended to settle the matter through negotiation, and if the negotiation fails, the applicant may apply for labor arbitration, and the application for labor arbitration shall be made at the labor arbitration commission in the place where the unit is registered. It is also possible to appoint a lawyer to arbitrate on your behalf.
The statute of limitations for labor arbitration is one year, which is calculated from the date on which the infringement was known or should have been known.
Of course, the specific circumstances and the final handling method need to be determined according to the details of the case and the evidence. If you need it, you can call me** for a free consultation for you, so that we can make a more accurate answer according to the details of this case.
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I have taken a look at the "Regulations on the Reimbursement of Work-related Injuries" and the "Measures for the Determination of Work-related Injuries", and there are a full set of measures for what to do. Just follow the instructions above. It is necessary to go through the identification of work-related injuries, the identification of disability, and finally the compensation according to the level of disability.
If you want to terminate the labor relationship, then look at the "Implementation Measures of a Provincial Work-related Injury Insurance" where the employer is located, and the standards of one-time work-related injury medical subsidy and one-time disability employment subsidy must have relevant provisions in this limb hunger.
The identification of work-related injuries is the key, and only when work-related injuries are recognized can they enjoy work-related injury benefits.
The level of disability can be based on the diagnosis conclusion and make a preliminary judgment according to the "Labor Ability Appraisal - Classification of Disability Levels Caused by Work-related Injuries and Occupational Diseases of Employees", and finally the appraisal conclusion made by the appraisal agency recognized by the labor department shall prevail.
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Injuries during working hours, in the workplace, and at work are of course work-related injuries. Work-related injuries are a matter of fact, and it has nothing to do with whether the leader knows about it or not.
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If you're not primarily responsible, it's a work-related injury.
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.
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If it is not the main responsibility of the person, it can be treated as a work-related injury.
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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.
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As far as I know, you'll need your proof of employment, and a certificate of traffic accident
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It's better to make more claims with the vehicle that caused the accident.
Injuries on the way to work are a bit far-fetched.
Just ask me, one day, you quarrel with your family at home, go to work with emotions, the quality of your work is poor, and the employer deducts your salary? Do you need compensation?
The general type of city and small enterprise lose 10,000 yuan, which is about the same.
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Traffic accident certificate, work-related injury certificate, labor contract,
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The accident certificate of the traffic police and the medical record of the hospital's injury diagnosis are sufficient.
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After work, it is not a work injury at all, you still have to find the person who hit you to compensate, and find an insurance company if you are insured.
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Look at what unit, what kind of work-related injury.
In large units, when the state appoints cadres or hires cadres, among the safety management indicators, there are death indicators including work-related injuries, accidents, and accidental deaths.
Small units, depending on the nature of the work-related injury, the death of an employee in a traffic accident on the way to work is also considered a work-related injury, what do you say is the responsibility of the leader.
In the workplace work-related death, depending on whose responsibility is responsible, whether it is the employee himself who violates the operating procedures, or others who violate the regulations, the leader has no responsibility, the leader has no responsibility, the leader is wrong to command, or knowing the danger and forcibly requires the employee to operate in violation of regulations and causes the accident, the leader bears full responsibility, and the punishment is divided into administrative punishment and criminal punishment.
It is recommended that you take a look at the "Work Safety Law" and the "Implementation Measures for the Work Safety Law of ** City" formulated by various regions
Our unit is a small state-owned enterprise, and the higher-level units report accidents every year, and people die every year, that is, no major leaders have been sentenced to be dealt with, and if there is a serious accident, they are transferred, demoted, or dismissed, and they are promoted again after two years.
Last year, a middle-level cadre of a unit accompanied the superior leaders to drink and died, which was considered a work injury, and the unit compensated more than 1 million yuan, and others had no responsibility, so the leaders of the Spring Festival got together and continued to drink.
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In the words of the common people, as long as you lose money, you are not responsible. If you don't lose money, you will be responsible for the management negligence that caused the person**, and the consequences of the liability will also be lost. There will be no criminal liability, only civil compensation.
As for the amount of accompaniment, it depends on the meaning of the leader and the company.
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According to Article 37 of the Regulations on Work-related Injury Insurance, if an employee dies on the job, his immediate family members shall receive funeral subsidies, pensions for dependent relatives and one-time work-related death subsidies from work-related injury insurance** in accordance with the following provisions:
1) The funeral subsidy is 6 months of the average monthly wage of employees in the overall area in the previous year;
2) The pension for dependent relatives shall be paid to the relatives who provided the main livelihood of the employee who died on the job and were unable to work according to a certain proportion of the employee's own salary. The standard is: 40 per month for spouses, 30 per month for each other relative, and 10 per month for each elderly or orphan who is lonely or orphaned.
The sum of the approved pensions for dependent relatives shall not be higher than the wages of the employee who died in the course of work. The specific scope of support for relatives shall be prescribed by the labor and social security administrative department;
3) The standard of one-time work-related death allowance is 48 months to 60 months of the average monthly wage of employees in the overall area in the previous year. The specific standards shall be reported to the people of provinces, autonomous regions and municipalities directly under the Central Government for the record in accordance with the provisions of the local economic and social development conditions.
Work-related injury insurance** is composed of work-related injury insurance premiums paid by the employer, interest on work-related injury insurance** and other funds included in work-related injury insurance** in accordance with the law.
There is no explicit provision in the law for compensation as a unit, and it can be resolved through negotiation with the family.
Hahaha, you can't do it.
It doesn't matter if you open the door in the east-west direction, you can hang a plaque on the small door on the east side of the door "Purple Qi from the East", if you are troublesome, you can write it on red paper.
If it is calculated, I think it is better to come out and talk about it, colleagues look down and don't look up, even if they are calculated, don't be careful, and impress him with your tolerance.
According to Article 48 of the Labor Contract Law, if an employer dissolves or terminates a labor contract in violation of the provisions of this Law, and the employee requests to continue to perform the labor contract, the employer shall continue to perform the labor contract; The employee does not request to continue to perform the labor contract or the labor contract can no longer be performed. >>>More
Then you are wrong, now the villains in the unit are a bunch of people, and some people will join the villains in order to protect themselves.