Kneel and beg! Workers Compensation Issues, Workers Compensation Issues, Thank You!

You have formed a direct employment relationship with Boss Wang, and Boss Wang assigned you to repair the car in the repair department, which is a matter between him and Chen's repair department, and his two repair departments should be jointly and severally liable for your injury, so you can set up Boss Wang as the first defendant, Boss Chen as the second defendant, and Xiaogong as the third party, and demand the second defendant to compensate you for your medical expenses, lost work expenses, hospital meal subsidies, bed expenses, transportation expenses, and disability compensation if it constitutes a disability. Negotiate first, and sue if you don't succeed.

Even if you don't have an employment contract, you've already become an employment relationship

QQ is actually capitalized, you are really n

According to Article 35 of the Creditor's Rights and Liability Law, if the party providing the labor service suffers damage due to the labor service, it shall bear the corresponding liability according to the respective faults of both parties. That is to say, you write that Wang should be held liable according to their respective faults, and the specific amount of responsibility depends on the court's determination.

Seeing that someone replied to you with work-related injury insurance, I would like to draw your attention to the fact that the relationship between you and Wang is a labor relationship rather than a labor relationship, and the provisions of work-related injury insurance do not apply, and Wang is not an "employer" and does not have the qualifications of a legal subject, so don't make a mistake!

Hello, to the problem you described, the lawyer replied as follows:

First of all, apply for a work-related injury appraisal, and after confirming the disability level, it is the basis for confirming the compensation. Refer to Article 18 of the Regulations on Work-related Injury Insurance.

Second, the main scope of claims includes medical treatment for work-related injuries, one-time disability allowance, hospital meal subsidy, assistive devices, original salary and benefits during the medical treatment period, living care expenses, etc.

Third, compensation shall be made with reference to Articles 33, 34, 35, 36, 37, 38, 39 and 40 of the Regulations on Work-related Injury Insurance.

Fourth, if the negotiation fails, bring the relevant materials to the labor inspection department to complain, or directly go to the labor arbitration commission where the unit is located to file labor arbitration. Blessing!

It is necessary to compensate for medical expenses, lost work expenses, nutrition expenses, escort expenses, etc. 、

1. Medical expenses, including drug expenses and surgical expenses caused by work-related injuries;

2. The standard of food subsidy and compensation shall be determined according to the local living standard;

3. Transportation, accommodation and food expenses;

4. Expenses, including hospitalization expenses and drug medical expenses in the later stage;

5. The wages and benefits during the work-related injury period remain unchanged, but not more than two years;

6. For living care expenses, work-related injury insurance benefits shall be paid according to the three standards of living part of the inability to take care of oneself, most of the inability to take care of oneself and complete inability to take care of oneself;

7. Expenses for disability assistive devices, such as wheelchairs, prostheses, etc., which require corresponding assistive devices due to disability caused by work-related injuries;

8. Disability allowance;

9. Funeral subsidy.

The Regulations on Work-related Injury Insurance stipulate that the standards of work-related injury compensation include: 1. Compensation for general injuries caused (not reaching disability), medical expenses, food subsidies for the injured during hospitalization, living care expenses, wages during work-related injuries, and transportation and accommodation expenses. 2. Compensation for disability, medical expenses, food allowance during hospitalization, living care expenses, wages during work-related injuries, transportation and lodging expenses, assistive device expenses, one-time disability subsidy, disability allowance, one-time medical subsidy for work-related injury, and one-time disability employment subsidy.

3. Compensation for death, funeral subsidy, one-time subsidy, and pension for dependent relatives. 4. In the case of unknown employees, the compensation items for employees who are missing when they go out or in emergency rescue and disaster relief should be determined according to different circumstances. If the employee has not been declared dead, the compensation items that his or her immediate family members can receive are:

50% of the pension for dependent relatives and a one-time work-related death allowance (if there is a hardship in living); If an employee is declared dead, his immediate family members can receive the following compensation items: funeral expenses, pensions for dependent relatives, and one-time work-related death subsidies.

Hello, how to compensate for work-related injuries? That's to be found. One. What is insight? Three games and five seats. What level of work-related injury is it? Which episode will be compensated?

kao！It's not easy to do! Depressed!

In accordance with Article 17 of the Regulations on Work-related Injury Insurance, an application for recognition of work-related injuries shall be submitted to the labor and social security administrative department. That's the premise.

Article 17 Where an employee is injured in an accident or is diagnosed or appraised as an occupational disease in accordance with the provisions of the Law on the Prevention and Treatment of Occupational Diseases, the unit to which he belongs shall, within 30 days from the date of occurrence of the accident injury or the date of diagnosis or appraisal of an occupational disease, submit an application for recognition of work-related injury to the labor and social security administrative department of the coordinating region. In case of special circumstances, the time limit for application may be appropriately extended with the consent of the labor and social security administrative department.

If the employer fails to submit an application for recognition of work-related injury in accordance with the provisions of the preceding paragraph, the injured employee or his immediate family members or trade union organization may, within one year from the date of occurrence of the accident injury or the date of diagnosis or appraisal of an occupational disease, directly submit an application for recognition of work-related injury to the labor and social security administrative department of the coordinating area where the employer is located.

All medical expenses after the work-related injury are paid by the employer, including living expenses during the rest period according to the original salary, until the employee is fully recovered. After recovery, if you believe that your limbs are dysfunctional due to a work-related injury, you can apply to the local labor management department for a disability appraisal and confirm that there is a disability problem, and the appraisal department will issue a disability level certificate. You can then claim compensation from the employer with the certificate.

If you think that the compensation of the unit is unreasonable, you can file a lawsuit directly with the local court.

1. If it is a work-related injury, it is recommended to declare the work-related injury and request to enjoy work-related injury benefits; 2. If it is not work-related, you can enjoy non-work-related treatment according to the regulations; 3. In addition to disability compensation, there are also medical subsidies and other expenses stipulated in work-related injury benefits; 3. It is recommended to declare in time.

Contact the employer to report the work-related injury (within 30 days). If the unit does not declare, the individual can also declare by himself within one year. The treatment of work-related injuries is more favorable.

Your dad can get the following compensation:

1. Nutrition expenses: If an employee is hospitalized and injured at work, the unit shall pay the hospitalization meal subsidy according to 70% of the food subsidy standard for business trips of the unit; If an injured employee seeks medical treatment outside the overall planning area with a certificate issued by a medical institution and approved by the handling agency, the required transportation, food and lodging expenses shall be reimbursed by the unit in accordance with the standard for employees traveling on business for business purposes. Note:

Multiply by the number of days. 2. One-time disability subsidy: A one-time disability subsidy shall be paid according to the level of disability from the work-related injury insurance, and the standard is: 12 months' salary for grade 7 disability, 10 months' salary for grade 8 disability, 8 months' salary for grade 9 disability, and 6 months' salary for grade 10 disability;

3. Wages during work-related injuries: If an employee is injured in an accident or suffers from an occupational disease at work and needs to suspend work to receive medical treatment for work-related injury, the original salary and benefits shall remain unchanged during the period of suspension of work and salary, and shall be paid by the employer on a monthly basis.

4. If the labor contract is terminated upon expiration or the employee himself proposes to terminate the labor contract, the employer shall pay a one-time medical subsidy for work-related injuries and a disability employment subsidy. The specific standards shall be prescribed by the people of provinces, autonomous regions and municipalities directly under the Central Government. (Regulations of Zhejiang Province:

If the labor contract is terminated upon expiration or the employee himself proposes to terminate the labor contract, the employer shall pay a one-time medical subsidy for work-related injuries and a disability employment subsidy. A one-time medical subsidy for work-related injuries is paid for 10 months at level 7, 7 months at level 8, 4 months at level 9 and 2 months at level 10. Disability Employment Allowance is paid for 10 months at level 7, 7 months at level 8, 4 months at level 9 and 2 months at level 10. ：

Before the work-related injury is recognized, it is superfluous to say anything.

It is recommended to negotiate a settlement, which is relatively unlikely.

It is best to apply to the labor bureau for work-related injury identification, re-work ability appraisal, and arbitration compensation according to the level of disability.

You don't say that it is a grade 9 work-related injury, because what you say does not count, and what the doctor says does not count, after the labor bureau determines the completion injury, the labor bureau applies to the municipal labor appraisal committee for the appraisal results.

The period of leave with pay includes the period of hospitalization** and the necessary recovery period after discharge.

Unless there is a statutory reason: the employer shall not terminate the employment contract of the injured employee.

Hello, the "period of suspension of work with pay" refers to the period during which you need to suspend work to accept a work-related injury.

In addition, you can terminate the employment contract, but the employer cannot settle the employment contract without permission, unless the employee is no longer qualified for the original job and should be compensated before terminating the employment contract.