I was injured at work 5 years ago, and now I have an occupational disease noise ban, and I have to c

Job transfer is the main content of the change of labor contract, and the employer must first reach an agreement with the employee, and the unilateral adjustment of the position by the employer without the consent of the employee is invalid in principle.

If the employer is transferred for production and operation needs, and the transfer is reasonable, does not have an insulting or punitive nature, does not reduce the salary and benefits, and is related to the position agreed in the labor contract, the transfer is valid; Workers should comply. Of course, the reasonableness of the position adjustment requires the employer to provide evidence; On the contrary, if the employer adjusts the position of the employee based on forcing the employee to leave the job, the employee can refuse. If an employer terminates an employment contract on the grounds that the employee does not obey the arrangement, it is an illegal termination. You can apply for labor arbitration to claim compensation, and pay 2 months' wages for 1 year of work, i.e. 2N.

Labor Contract Law

Article 39 The employer may terminate the labor contract if the worker falls under any of the following circumstances:

1) During the probationary period, it is proved that they do not meet the employment requirements;

2) Seriously violating the rules and regulations of the employer;

3) Serious dereliction of duty, malpractice for personal gain, causing major damage to the employer;

4) The worker establishes labor relations with other employers at the same time, causing a serious impact on the completion of the work tasks of the employer, or refuses to make corrections upon the employer's request;

5) The labor contract is invalid due to the circumstances specified in Item 1, Paragraph 1 of Article 26 of this Law;

6) Those who have been pursued for criminal responsibility in accordance with law.

Article 47 Economic compensation shall be paid to the worker according to the number of years he or she has worked in the unit and one month's salary for each full year. where it is more than six months but less than one year, it is calculated as one year; If it is less than six months, the worker shall be paid half a month's salary.

If the monthly wage of a worker is three times higher than the average monthly wage of the employee in the previous year announced by the people of the municipality directly under the Central Government or the city divided into districts where the employer is located, the standard of severance shall be paid to him at the rate of three times the average monthly wage of the employee, and the maximum period of payment of severance shall not exceed 12 years.

The term "monthly wage" mentioned in this article refers to the average salary of an employee in the 12 months prior to the termination or dissolution of the labor contract.

Article 48 Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, and the worker requests to continue to perform the labor contract, the employer shall continue to perform it; If the employee does not request to continue to perform the labor contract or the labor contract can no longer be performed, the employer shall pay compensation in accordance with Article 87 of this Law.

Article 87 Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the worker in accordance with twice the standard of economic compensation provided for in Article 47 of this Law.

You can only obey the transfer, the company can't take risks, and it's good for you.

The unit is required to declare the work-related injury occupational disease to the local social security bureau, and then apply to the human resources and social security bureau for disability appraisal after obtaining the work-related injury certificate.

If you are assessed as disabled, you can enjoy disability benefits.

It is recommended to inquire about the "Regulations on Work-related Injury Insurance", "Work-related Injury Identification Procedures" and the "Measures for the Implementation of Work-related Injury Insurance Regulations in ** Province" of your province, and you can consult the 12333 Local Social Security Bureau for details.

Long-term noise can cause neural hearing loss, and it is recommended to have a disability assessment.

Decree No. 23 of the Ministry of Health of the People's Republic of China.

Measures for the Administration of Occupational Health Guardianship

Article 6 Employers shall organize workers who are exposed to occupational disease hazards to undergo pre-employment occupational health examinations.

Employers shall not arrange for workers who have not undergone pre-employment occupational health examinations to engage in operations that expose them to occupational disease hazards; Workers with occupational taboos shall not be assigned to perform work that is contraindicated.

Article 8 Employers shall organize regular occupational health examinations for workers who are exposed to occupational disease hazards.

Workers who are found to have occupational taboos or health injuries related to the occupation they are engaged in shall be promptly transferred from their original jobs and properly resettled.

For workers who need to be re-examined and under medical observation, they shall be arranged for re-examination and medical observation in accordance with the time required by the physical examination institution.

Article 9 Employers shall organize workers who are exposed to occupational disease hazards to undergo occupational health examinations upon leaving their posts.

An employer shall not dissolve or terminate a labor contract with an employee who has not undergone an occupational health examination at the time of leaving the post.

Article 10 An employer shall promptly organize health examinations and medical observation for workers who have suffered or may suffer from acute occupational diseases.

Article 12 The expenses for occupational health examination and medical observation shall be borne by the employer.

Pre-employment occupational health check-up.

Target disease Occupational contraindications:

1) Causes of permanent ** tone neural hearing loss (pure tone air conduction at any frequency of 500Hz, 1000Hz and 2000Hz.

Hearing threshold 25dBhl).

2) Moderate or above conductive hearing loss.

3) Binaural high frequency (3000Hz, 4000Hz, 6000Hz) average hearing threshold 40dB

4) stage and hypertension.

5) Structural heart disease.

Article 19 of the Regulations on Work-related Injury Insurance. 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 DiseasesIf the employee or his close relatives believe that it is a work-related injury, but the employer does not consider it to be a work-related injury, the employer shall bear the burden of proof.

The key is whether the employee knows that he has occupational taboos, if he does not know, it is the same as ordinary occupational diseases, if he knows, this situation is more difficult to determine, but under normal circumstances, from the protection of the weak, compensation must also be made.

Employees have already copied occupational contraindications (it's noise), and they are arranged to work in noise positions, which is a violation of the law.

In the event of an occupational disease, the company is responsible regardless of whether the employee has signed a letter of guarantee or something (which is legally useless).

If the occupational contraindication does not contain noise, then it doesn't matter, as long as you do the on-the-job physical examination normally.

Yes, the employer should be liable for any occupational disease, regardless of whether the employee is at fault or not.

Workers' compensation is itself a civil compensation. In addition to the compensation for work-related injuries, including medical expenses, nursing expenses, lost work expenses (suspension of work and salary), transportation and accommodation expenses, food subsidies, auxiliary equipment expenses, **** fees, etc., there are also three items: one-time disability subsidy, one-time disability medical subsidy, and one-time disability employment subsidy.

Mild noise deafness, according to the "Appraisal Standards for the Degree of Disability Caused by Work-related Injuries and Occupational Diseases of Employees" (GB T16180-2014), belongs to the work-related injury level 10 "hearing loss of 26 dB in both ears, or 56 dB in one ear".

In addition to the compensation for medical expenses, nursing expenses, lost work expenses (suspension of work with pay), transportation and accommodation expenses, food subsidies, assistive equipment expenses, **** expenses and other seven items during the work-related injury period, according to Article 37 of the "Regulations on Work-related Injury Insurance", "...Enjoy a one-time disability allowance: 6 months' salary ...... for grade 10 disabilityIf the labor contract is terminated upon expiration, or the employee himself or herself proposes to terminate the labor contract, the employer shall pay the employee a one-time medical subsidy for work-related injuries and a one-time employment subsidy for disability based on the average monthly wage of the employee in the overall area of the previous year at the time of the termination or termination of the labor contract (the specific standards shall be stipulated by the people of the province, autonomous region or municipality directly under the Central Government). ”

Occupational diseases are work-related injuries and are treated as work-related injuries without civil compensation.

Chapter III: Determination of Work-related Injuries.

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.

You must first determine whether you have a work-related injury or an occupational disease in order to determine what procedure to follow.

Can you be specific? Did you get injured at work, or did you get sick.

It must be identified, otherwise there is no basis for proof.

Tinnitus is caused by damage to the ear nerve due to noise.