Ask an expert about workers compensation, about workers compensation, and hope that professionals

It is difficult to get compensation because with someone else's ID card, then it will be difficult for your relatives to find evidence of work-related injuries and employment relations at the company. In addition, fraudulently using someone else's ID card is deceptive to the company, and the company can determine that the employment contract between your relatives and the company is invalid. For this reason, it will be difficult if you want to solve it through legal means.

It is recommended to negotiate with the other party to settle the compensation issue, and if the negotiation fails, you can ask a lawyer to assist.

Disagree with the other three.

Although you entered the factory as someone else, but your relatives have a de facto labor relationship with the factory, you can still claim compensation, I have helped people operate, and it was successful.

The amount of compensation must be calculated according to the level of disability.

Here's how to do it:

First, on the side, you will immediately ask your relatives' hometown family members to go to the police station where the household registration is located to issue an identity certificate, indicating your relative's real name, ID number used name (the name of entering the factory), ID number is hereby certified.

2. Apply for work-related injury recognition and disability assessment with your real name.

Third, apply for labor arbitration in your real name, hire a lawyer, go through legal procedures, and get compensation.

This constitutes a minor injury. However, a medical examination is required.

Generally, all medical expenses will be compensated, and other compensation standards will be determined according to the degree of incapacity for work, and an appraisal of incapacity for work (work-related injury appraisal) is required.

Hospitalization meals are generally 20-40 yuan a day according to traffic accidents, and wages are paid during the ** period.

The nutrition fee is 30 yuan a day, which is generally based on the appraisal and the three phases of appraisal (rest period, nutrition period, and nursing period).

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!

【Determination of Work-related Injury】The Regulations on Work-related Injury Insurance stipulate that if an employee is injured in an accident, the unit to which he or she belongs shall, within 30 days from the date of the occurrence of the accident, submit an application for work-related injury determination to the social insurance 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 social insurance administrative department.

If the employer fails to submit an application for recognition of work-related injury in accordance with the regulations, the injured employee or his close relatives 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 social insurance administrative department of the coordinating area where the employer is located. The following materials shall be submitted to submit an application for determination of work-related injury:

1) Application form for determination of work-related injury;

2) Proof of the existence of an employment relationship (including a de facto employment relationship) with the employer;

3) Medical diagnosis certificate or occupational disease diagnosis certificate (or occupational disease diagnosis and appraisal certificate).

The application form for determination of work-related injury shall include basic information such as the time, place, and cause of the accident, as well as the degree of injury of the employee.

The newly revised Regulations on Work-related Injury Insurance came into force on January 1, 2011).

Hello, for workers' compensation, you must first apply for a work-related injury appraisal, and then determine the specific amount of compensation.

If the factory has paid work-related injury insurance for your relative, then your relative can apply for recognition of work-related injury in accordance with the law, and then enjoy work-related injury insurance benefits in accordance with the law; If the employer has not paid it, then your relatives can claim the following expenses from the employer: medical expenses, nursing expenses, food allowances, nutrition expenses, disability allowances, transportation expenses, etc., as well as full wages during the work injury.

Hello! You can report a work-related injury, and then do a labor ability appraisal to enjoy work-related injury benefits according to the appraisal conclusions.

The Regulations on Work-related Injury Insurance stipulate that employees who are identified as Grade 10 disabled due to work-related disability shall enjoy the following benefits:

1) A one-time disability allowance from work-related injury insurance** is paid for 6 months' salary;

2) If the labor contract is terminated upon expiration or the employee himself or herself proposes to terminate the labor contract, the employer shall pay a one-time medical subsidy for work-related injuries and a disability employment subsidy in accordance with the standards prescribed by each province, autonomous region or municipality directly under the Central Government.

My salary refers to the average monthly salary of the injured employee in the 12 months before the accident; The salary standard shall not be less than 60 of the average salary of local employees.

Article 23 of the Regulations for the Implementation of the Labor Contract Law stipulates that if an employer terminates the labor contract of an injured employee in accordance with the law, it shall, in addition to paying economic compensation in accordance with Article 47 of the Labor Contract Law, also pay a one-time medical subsidy for work-related injuries and a disability employment subsidy in accordance with the relevant national regulations on work-related injury insurance.

If it constitutes a work-related injury, then, in accordance with the local regulations on the payment standard of 10-level work-related injury compensation expenses, claim to the employer, in addition to the salary you mentioned, but also in combination with the average monthly basic salary of the local employees, otherwise, it is impossible to give an exact figure, in this case, it is recommended that you go to the law firm for consultation and let them calculate it for you.

If you do not sign a contract, you can also apply for a work-related injury determination.

You have to find out which construction company is on the site? Is there any labor subcontracting? Check with the contractor to get in.

If there is labor subcontracting, the labor service company shall be the respondent and apply for work-related injury determination;

If there is no subcontracting, the construction company shall be the respondent and apply for a work-related injury determination.

After the identification, the labor ability appraisal shall be submitted.

The amount of compensation is then determined according to the level of appraisal.

You can claim without a contract, and you have to find two co-workers to prove that your uncle is working at that construction site, and tell me about the injury process. Claim from the contractor and the general contractor on the construction site, the amount of compensation depends on the specific situation, and it is recommended to consult a local lawyer.

If this is the case, the Measures for One-time Compensation for the Illegal Employer's Personnel shall apply.

If you have a business license, it is recommended that you read the "Regulations on Work-related Injury Insurance", which can be read in half an hour, and you have a full set of measures for what to do. Just follow the instructions above. When I have time, I will go to the labor bureau and ask about the average salary of the local area for the previous year, and everything is fine.

1.Work-related injuries can be claimed, because China's labor law stipulates that work is counted from the date of employment, not the signing of an employment contract.

2.Expenses that can be claimed: ** expenses (medical expenses), nursing expenses, wages for work-related injuries, nursing expenses, work-related injury appraisal, compensation for disability allowance according to grade, etc.