Regarding labor law, what are the responsibilities of the construction site in the event of an accid

As long as you are injured during working hours due to work content and other reasons, in principle, it is a work-related injury, and the employer and social insurance must give you work-related injury benefits in accordance with the regulations.

First of all, I will tell you which ones fall within the scope of work-related injury determination. According to Shanghai Municipal Decree No. 93:

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.

If the employer is unwilling to go, your close relatives or labor union can apply for a work-related injury for you 30 days after the accident, and as long as it is determined that it is a work-related injury, you can enjoy work-related injury insurance benefits.

However, if the employer does not pay social insurance premiums, then the social security payment part will not be enjoyed, but that part will be borne by the unit.

Serious violations of labor laws can constitute crimes, such as refusal to pay labor remuneration, and the circumstances are serious.

Legal analysis: If the worker is injured by an unintentional act in the process of working on the construction site, the employer should be responsible for compensation; If the worker is intentional, then it is necessary to provide evidence to prove that the operation failure of the worker due to personal reasons, but the company's supervisor has informed him that the operation is wrong, and the worker refuses to accept the opinion and causes accidental injury, the worker shall bear more than 50% of the total compensation, and the company shall bear less than 50%; If the worker does it intentionally and the company does not supervise it effectively, or does not inform him that there is a risk and must be stopped, the company needs to bear the responsibility for the lack of supervision.

Legal basis: 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.

Summary. Hello, an accident on the way to and from work on the construction site can be regarded as a work-related injury, but it should also be based on the situation, and the traffic accident that is not the main responsibility of the person is injured is a work-related injury, and the injury caused by a fall is not a work-related injury.

Hello, the accident on the way to and from work can be regarded as a work-related injury, but it should also be based on the situation, and the traffic accident that is not my main responsibility is a work-related injury, and the injury caused by a fall is not a work-related injury.

Hello, on the way to and from work, a reasonable time and a reasonable distance to commute to work in the event of a simple accident, can be recognized as a work-related injury, in the medical institution to issue the corresponding diagnosis of the hole in the card, and provide a valid labor contract or relationship certificate, so that you can apply for work-related injury compensation.

According to the provisions of work-related injury insurance, employees who are injured due to work reasons or other accidents can enjoy work-related injury medical treatment.

Hello, I was hit by a car on the way back from dinner and fractured the fibula of my left foot, and the driver was fully responsible, can I apply to the construction company for a work injury?

Hello, if the other party causes a traffic accident to you, you can apply for a work-related injury.

The traffic police have filed a case, and the current hospitalization ** fees are paid in advance by the insurance company, I mean, can I apply for workers' compensation at the construction company?

Hello, the construction company can also apply for workers' compensation.

It's the end of work in the afternoon, we are off work, and the accident time is around the same time.

Hello, as long as the accident occurs on the way to work, it can be recognized as a work-related injury.

Thank you! What materials need to be submitted to apply for work-related injury reporting to the construction company?

Hello, you need to apply for an application form for work-related injury, a labor contract or treaty with the company, and a medical certificate issued by the hospital.

What happened on March 2nd, is it still too late?

Hello, it's too late, I recommend that you deal with it as soon as possible.

Legal analysis: If the worker is injured by an unintentional act in the process of working on the construction site, the employer should be responsible for compensation; If the worker is late and intentional, then it is necessary to provide evidence to prove that the worker failed to operate due to personal reasons, but the company's supervisor has informed him that the operation was wrong, and the worker refuses to accept the opinion and causes accidental injury, the worker shall bear more than 50% of the total compensation, and the company shall bear less than 50%; If the worker does it intentionally and the company does not supervise it effectively, or does not inform him that there is a risk and must be stopped, the company needs to bear the responsibility for the lack of supervision.

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

If the worker is injured by an unintentional act in the process of working on the construction site, the employer should be responsible for compensation; If the worker is intentional, then it is necessary to provide evidence to prove that the operation failure of the worker due to personal reasons, but the company's supervisor has informed him that the operation is wrong, and the worker refuses to accept the opinion and causes accidental injury, the worker shall bear more than 50% of the total compensation, and the company shall bear less than 50%; If the worker does it intentionally and the company does not supervise it effectively, or does not inform him that there is a risk and must be stopped, the company needs to bear the responsibility for the lack of supervision.

The construction site, the safety department, the operation department, the construction company, the insurance company, these are all part of the responsibility.

If an employee has a traffic accident on the way to and from work, and it is not his or her primary responsibility, it may be determined that the work-related injury is committed, and if the employee is disabled, the work-related injury insurance will compensate him/her if he or she participates in the work-related injury insurance, and if he or she does not participate in the work-related injury insurance, the employer shall bear it. In the event of an accident, it does not fall within the scope of work-related injury.

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 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.

If an employee is injured on the way home due to rain and is unable to speak at the construction site due to rain, and the employee has a traffic accident on the way to and from work, and it is not his main responsibility, he or she can be recognized as having a work-related injury, and if he is disabled, he or she will be compensated by the work-related injury insurance, and if he has not participated in the work-related injury insurance, the unit shall bear it. In the event of an accident, it does not fall within the scope of work-related injury.

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.

Injuries sustained in traffic accidents on the way to and from work may be considered work-related injuries, and other accidents are generally not counted.

Scope of work-related injury determination]:

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. 10. An accident occurs on the way to and from work on other reasonable routes within a reasonable time, which is a work-related injury. Among them, it is a reasonable time to go home after work and wait for the traffic rush hour to pass; On the way to work, you need to go to the vegetable market to buy vegetables and then go back to your family.

Injuries on the way to and from work refer to traffic accidents that should occur at a reasonable time and route, and for which the person is not primarily responsible. ）

If a migrant worker has an accident on the construction site, he or she shall first apply for a work-related injury determination, and the compensation amount shall only be finalized after waiting for the appraisal level.

1. To apply to the Human Resources and Social Security Bureau for the recognition of work-related injury, the company needs to declare within one month of the accident, if the company does not apply, the injured employee or his close relatives shall apply for recognition within one year. Materials to be submitted: application form for work-related injury determination, proof of labor relationship with the employer, medical diagnosis certificate, etc.;

2. If there is a disability that affects the ability to work after the injury is relatively stable, the applicant shall apply for labor ability appraisal and submit an application to the labor ability appraisal committee of the city divided into districts (generally established in the human resources and social security bureau at the same level);

3. According to different disability levels, the compensation obtained is different. The main compensation is: medical expenses, one-time disability allowance, one-time employment allowance, one-time medical allowance, salary during the period of leave of absence, food allowance, nursing expenses, etc.

4. If you do not have a labor contract or other evidence to prove the existence of an employment relationship, and cannot apply for a work-related injury determination, you can first apply for labor arbitration to confirm the existence of an employment relationship between you and the employer. After the existence of an employment relationship is confirmed by labor arbitration, an application for work-related injury determination is made.

1. If you are injured in an accident during working hours or at your place of work due to work reasons, it is a work-related injury and you shall enjoy work-related injury benefits.

2. The employer shall apply to the labor administrative department for recognition of work-related injury within 30 days after the occurrence of work-related injury, and if the employer does not apply for recognition of work-related injury, the employee or his or her family may apply for recognition of work-related injury within one year from the date of occurrence of the accident.

3. After the work-related injury is determined, if the disability is constituted, the labor ability shall be evaluated, the level of disability, the nursing care during the suspension period of work and other appraisals shall be appraised, and the amount of compensation shall be calculated according to the appraisal conclusion.

4. If the unit has paid social insurance, the social security shall be responsible for compensating for medical expenses, food subsidies during hospitalization, transportation expenses, and disability subsidies. The cost of nursing care during hospitalization shall be borne by the unit. If the labor relationship is terminated or terminated, the employer shall pay a one-time employment subsidy, and the social security shall pay a one-time medical subsidy.

If the employer fails to pay work-related injury insurance, the employer shall be responsible for the above-mentioned compensation costs.

If a migrant worker is injured on a construction site and is injured due to work reasons during working hours, it is a work-related injury and can enjoy work-related injury benefits in accordance with the law. If the employer pays work-related injury insurance for employees, it shall be paid by work-related injury insurance**; If the employer does not pay ICBC insurance for the employee, the employer shall pay the employee's work-related injury benefits in accordance with the work-related injury treatment standards.

If more than 30 days have passed since the work-related injury occurred, you can apply for a work-related injury determination at the Human Resources and Social Security Bureau. If it is not more than 30 days, you can ask the employer to apply to the Human Resources and Social Security Bureau for your work-related injury determination. If the employer does not apply, you will apply in person at the Human Resources and Social Security Bureau 30 days after the work-related injury occurs.

Applying for work-related injury recognition is a prerequisite for enjoying work-related injury benefits.