I have a case of a work related accident, please help me analyze it

Zhao was injured in an accident during the construction of the construction site contracted by Liu, which meets the requirements of Article 14, Paragraph (1) of the "Regulations on Work-related Injury Insurance", which should be recognized as a work-related injury, that is, "during working hours and in the workplace, due to work-related reasons", therefore, the accident injury suffered by Zhao in this case is a work-related injury.

After determining that this situation is a work-related injury, we are faced with a choice, who should bear Zhao's work-related injury insurance liability, the contractor Liu or Company A? In this case, Company A contracted a project to a natural person, Mr. Liu, and the injured Mr. Zhao was an employee of Mr. Liu, but the contractor, Mr. Liu, did not have the qualifications of an employer. Although the employer, Company A, had the qualifications of an employer, there was no direct employment relationship between Mr. Zhao and Company A.

According to the relevant provisions of the Regulations on Work-related Injury Insurance, "if an employer implements contracted operation and the contractor who uses the worker does not have the qualifications of the employer, the employer with the qualification of the employer shall bear the work-related injury insurance liability." Company A in this case should bear Zhao's work-related injury insurance liability.

Tianjin Labor Law Consultation**: 022-24310562

It is a work-related injury. It is borne by the construction engineering company. Then the company and Liu discussed how to share the specific costs.

FYI: It is a work-related injury, and the situation of our company is: our company entrusts the transportation to a transportation cargo station, and as a result, the driver will smash his foot when loading the goods in the factory, and our company and the cargo station will each bear 50% of the cost.

It is a work-related injury, which is borne by Liu, because Liu and Zhao have a de facto labor relationship, but the construction company is also jointly and severally liable.

If there is a de facto employment relationship, work-related injury compensation can also be obtained

Wang Guanglan (pseudonym) of Chaoyang Village, Bashan Town, was injured while working on the construction site and did not sign a labor contract with the company to which the construction site belonged, but recently successfully received work-related injury compensation.

One day in January last year, Wang Guanglan was working as a handyman at the construction site of the Tuanfeng Baijiayuan project in Yongfeng Town, and accidentally rolled down from the second floor to the bottom floor while working, causing injuries to the left acetabulum, left frontal bone, and left pubic bone. Subsequently, Wang Guanglan filed a claim for work-related injury compensation with the construction company to which Xiang was employed, but was refused.

The two sides failed to negotiate, and Wang Guanglan approached the County Labor and Personnel Dispute Arbitration Court. The court held that according to the Labor Law, the Labor Dispute Mediation and Arbitration Law, the Implementation Measures for Work-related Injury Insurance in Chongqing, the Regulations on Work-related Injury Insurance (Revision) and other relevant provisions, Wang Guanglan had a de facto labor relationship with the construction company, and the injury was a work-related injury and should be entitled to the relevant work-related injury insurance benefits in accordance with the law.

Case by case:

County Labor and Personnel Dispute Arbitration Court: Some employers do not attach importance to the signing of contracts, so the determination of de facto labor relations is the key. There are three main types of de facto employment relations:

One is to laugh well without written form'de facto employment relationship formed by an employment contract; the second is the de facto employment relationship formed by the dual employment relationship; The third is the de facto labor relationship formed by the invalidity of the labor contract.

If there is a de facto employment relationship, work-related injury compensation can also be obtained

Wang Guanglan (pseudonym) of Chaoyang Village, Fengsui Bashan Town, was injured while working on the construction site, and did not sign a labor contract with the company to which the construction site belonged, but recently successfully received work-related injury compensation.

One day in January last year, Wang Guanglan was working as a handyman at the Tuanfeng Baijiayuan project site in Yongfeng Town, and accidentally rolled down from the second floor to the bottom floor of the bridge while working, causing injuries to the left acetabulum, left frontal bone, and left pubic bone. Subsequently, Wang Guanglan filed a claim for work-related injury compensation with the construction company to which the project belonged, but was refused.

The two sides failed to negotiate, and Wang Guanglan approached the County Labor and Personnel Dispute Arbitration Court. According to the Court, in accordance with the Labor Code.

According to the Labor Dispute Mediation and Arbitration Law, the Implementation Measures for Work-related Injury Insurance in Chongqing, and the Regulations on Work-related Injury Insurance (Revision), Wang Guanglan has a de facto labor relationship with the construction company, and the injury is a work-related injury, and she shall enjoy the relevant work-related injury insurance benefits in accordance with the law.

Case Statement: County Labor and Personnel Dispute Arbitration Court: Some employers do not attach importance to signing contracts, so the determination of de facto labor relations is the key.

There are three main situations of de facto labor relations: first, de facto labor relations formed without a written labor contract; the second is the de facto employment relationship formed by the dual employment relationship; The third is the de facto labor relationship formed by the invalidity of the labor contract.

In this case, the injured employee Wang Guanglan had a de facto employment relationship with the construction company, and was injured in an accident due to work-related reasons during working hours and in the workplace. Therefore, the accident injuries suffered by Wang Guanglan should be recognized as work-related injuries. Work-related injury benefits include:

Medical expenses for work-related injuries, wages and benefits during the period of medical leave for work-related injuries, food allowances during hospitalization, disability allowances for constituting disabilities, etc. (**: Chung Min Ji Zhi Zhou**).

I will not analyze the court's decision, but I will only mention a few points of my own opinion as an individual

1. If you have not signed a labor contract, whether it is more than one month, if it is more than one month, it should involve the compensation of double wages, which you can claim.

2. Does the unit pay the social insurance for the individual in a timely manner? If the insurance is paid, the medical expenses related to hospitalization should be paid from the work-related injury **, but I see that this is only the court that the unit is responsible for it, so can it be said that the unit has not paid social insurance for the individual, if so, the individual can ask the unit to help the individual pay social insurance.

3. Now I will talk about the key issues, because the work-related injury level has reached the level of 6 disability, so unless you personally propose to terminate the labor contract with the employer, the employer cannot terminate the labor contract with you. If you resign personally, and you do not pay work-related injury insurance for you during the period of work-related injury, then the three compensation expenses involved in this intermediate (one-time disability subsidy, one-time work-related injury medical subsidy, one-time disability employment subsidy) will be fully borne by the employer, and if the employer helps you personally pay the insurance, two of the expenses are paid for work-related injuries**.

Here's a question.

In the event of a work-related death, immediate family members can receive a funeral grant, a dependent family pension and a lump sum work-related death benefit. For the calculation of each expense, you can check the relevant provisions in the work-related injury insurance regulations.

Facts: Plaintiff Ji Mingsheng was born on February 21, 1957. On April 9, 2007, the plaintiff was injured while working at a cotton textile factory in Lianshui, a third party, and the plaintiff's right hand was amputated. In late May 2007, the plaintiff applied to the Lianshui County Labor Insurance Bureau for a determination of work-related injury.

The Labor Insurance Bureau decided not to accept the plaintiff's application for determination of work-related injury on the grounds that it did not meet the conditions for acceptance. The plaintiff applied for reconsideration. The people of Lianshui County** made a decision to uphold the determination of work-related injuries made by the defendant Lianshui Labor Insurance Bureau.

Dissatisfied, the plaintiff filed an administrative lawsuit with the court.

Trial] The Lianshui Court held that the plaintiff was over 50 years old when he was injured in the accident. According to the relevant laws and regulations, the plaintiff no longer meets the legal age for employment, and his injury should not be adjusted by labor laws such as the Regulations on Work-related Injury Insurance.

After the first-instance verdict was announced, Ji Minghua was not satisfied and appealed to the Huai'an Intermediate People's Court. After trial, the Huai'an Intermediate People's Court held that the employment relationship is based on the labor contract, and if the two parties have not concluded a labor contract, the labor relationship of its main entity in accordance with the law can be recognized as a de facto labor relationship.

The Interim Measures for the Retirement and Retirement of Workers stipulates that the retirement age for female workers is 50 years old. Article 7 of the Jiangsu Provincial Department of Labor and Social Security's "Opinions on the Handling of Several Issues Concerning the Implementation of the Regulations on Work-related Injury Insurance" (Su Lao Sheyi 2005 No. 6) stipulates that those who are still working after retirement or retirement do not fall within the scope of adjustment of the "Regulations on Work-related Injury Insurance".

In this case, the appellant, Ji Minghua, was over 50 years old, was a retireable person, and did not meet the qualifications to establish an employment relationship, and her injuries were not subject to the adjustment of the Regulations on Work-related Injury Insurance, and the injuries she suffered while working could be dealt with in accordance with other legal provisions.

Compensation items for death caused by work-related injuries: funeral allowance, one-time ** subsidy, pension for dependent relatives, etc.

The compensation of 50,870 yuan is based on the 64 months of wages in 2011 for 64 months of work-related injury level 6, no matter how it is calculated, it is more than 100,000 yuan. It's hard to say right or wrong in the courts.

What are the aspects of your appeal? Can you list the exact amount?

Can you show you some of the things that the Labor Bureau has given you?

Everyone will help you analyze.

Refer to the Regulations on Work-related Injury Insurance.