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You're also out of the fart, but it's better to solve it reasonably.
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If you are injured at work on the construction site and the boss doesn't care about it, you should go to the labor inspection brigade under the labor bureau.
1. According to 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.
Target; (3) Suffering violence or other accidental injuries during working hours and in the workplace as a result of performing work duties;
4) Suffering from occupational diseases;
5) Injured or unaccounted for in an accident while away for work;
6) On the way to and from work, the person is subjected to a traffic accident or urban rail transit, passenger ferry, or train for which he or she is not primarily responsible.
Injured in an accident;
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, but were disabled due to injuries sustained in war or in the line of duty, have obtained the certificate of revolutionary disabled soldiers, and have retired to the employer.
Wounded**. Where employees have any of the circumstances in items (1) or (2) of the preceding paragraph, they shall enjoy work-related injury insurance benefits in accordance with the relevant provisions of these Regulations; Duty.
In the case of item (3) of the preceding paragraph, workers shall enjoy work-related injury insurance other than a one-time disability subsidy in accordance with the relevant provisions of these Regulations.
Treatment. 2. Determination of work-related injuries.
According to Article 18 of the Regulations on Work-related Injury Insurance, the following materials shall be submitted to apply for work-related injury determination:
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;
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Go to the department responsible for the determination of work-related injuries of the Human Resources and Social Security Bureau. Since the boss does not deal with it, it means that it is impossible to be private, in this case, the first step of the legal procedure that should be taken is the determination of work-related injury, so you should go to the department responsible for the determination of work-related injury.
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If the labor inspection department can't mediate this kind of thing, then it should go to the people's court to prosecute, and take the original evidence to sue the boss
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Go to the work-related injury insurance department of the local social insurance agency to make a work-related injury determination.
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Labor supervision departments can defend their rights, labor inspection brigades, and labor arbitration.
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Local Labor Inspection Brigade.
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Injured on the construction site, the boss should compensate. Here's why:
1. If the injury at the construction site is a work-related injury, the employer shall apply to the social insurance administrative department of the coordinating area for recognition of work-related injury within 30 days;
2. If the work-related injury is determined to meet the requirements, the work-related injury treatment and other related expenses shall be borne by the employer.
1. The materials required to apply for work-related injury appraisal are as follows:
1. Application form for work-related injury identification;
2. Proof of the existence of labor relationship with the employer;
3. Medical diagnosis certificate or occupational disease diagnosis certificate.
2. The process of applying for work-related injury appraisal is as follows:
1. The parties shall submit an application for appraisal to the labor and social security bureau of the city, county or district and fill in the work-related injury application identification form, and submit the materials stamped by the party in the enterprise to agree to the work-related injury identification and the "Work-related Injury Determination Decision", complete medical records and other materials;
2. It will be reviewed by the Labor Ability Appraisal Committee, and the Appraisal Committee will make a conclusion within 60 working days for the qualified application; If the materials are incomplete, the Labor Ability Appraisal Committee shall inform the applicant in writing to complete the materials within 5 working days from the date of receipt of the application for labor ability appraisal;
3. After the appraisal is completed, the relevant institutions will issue an appraisal conclusion, and after the appraisal conclusion is made, the labor ability appraisal conclusion will be delivered to the injured employee and the employer in a timely manner within 20 days, and the injured person can get compensation for the relevant losses caused by the work-related injury according to the work-related injury appraisal results.
Regulations on Work-related Injury Insurance Article 17 If 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 social insurance administrative department of the coordinating area. 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 provisions of the preceding paragraph, 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.
Matters that shall be determined by the provincial-level social insurance administrative department in accordance with the provisions of the first paragraph of this Article shall be handled by the social insurance administrative department at the districted-city level where the employer is located in accordance with the principle of territoriality.
If an employer fails to submit an application for determination of work-related injury within the time limit specified in the first paragraph of this Article, the employer shall bear the relevant expenses such as work-related injury benefits incurred during this period that comply with the provisions of these Regulations.
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In any of the following circumstances, an employee shall be deemed to have suffered a work-related injury: :(1) Injured in an accident due to work reasons during working hours and in the workplace; (2) Injured in an accident in the workplace before or after working hours, engaged in work-related preparatory or finishing work; (3) During working hours and in the workplace, being injured by an accident such as being violently targeted and imitated by force; 4) Suffering from occupational diseases; 5) Injured or unaccounted for in an accident while away for work; (6) Being injured in a traffic accident or an urban rail transit, passenger ferry, or train accident for which they are not primarily responsible while commuting to or from work; 7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.
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By workers' compensation. Specific Provisions: Article 15 of the Regulations on Work-related Injury Insurance shall be regarded as work-related injuries if an employee has one 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 injuries sustained in war or in the line of duty, and have obtained a certificate of disabled revolutionary servicemen, but were injured after arriving at the employer. Where employees have any of the circumstances in items (1) or (2) of the preceding paragraph, they shall enjoy work-related injury insurance benefits in accordance with the relevant provisions of these Regulations; Employees who fall under the circumstances mentioned in item (3) of the preceding paragraph shall enjoy work-related injury insurance benefits other than a one-time disability subsidy in accordance with the relevant provisions of these Regulations. Article 39 If an employee dies on the job, his close relatives shall receive a funeral allowance, a pension for dependent relatives, and a one-time work-related death allowance from the work-related injury insurance** in accordance with the following provisions:
1) The funeral subsidy is 6 months of the average monthly wage of employees in the overall area in the previous year; (2) The pension for dependent relatives shall be paid to the relatives who are unable to work and provide the main living expenses of the employee who died on the job according to a certain proportion of the employee's own salary. The standard is: 40% per month for spouses, 30% per month for each other relative, and 10% per month for each elderly person or orphan who is alone or orphaned.
The sum of the approved pensions for dependent relatives shall not be higher than the wages of the employee who died in the course of work. The specific scope of support for relatives shall be prescribed by the social insurance administrative department; (3) The standard of one-time work-related death subsidy shall be 20 times of the per capita disposable income of urban residents in the previous year (21,810 yuan per capita disposable income of urban residents in 2011).
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Legal analysis: At work, if an accident results in an injury, it is possible to claim compensation from the enterprise through the determination of disability. Compensation is mainly divided into work-related injury insurance compensation and enterprise compensation.
Legal basis: Article 14 of the Regulations on Work-related Injury Insurance If an employee has any of the following circumstances, Gao Xiao shall be recognized as a work-related injury:
1) Being injured in an accident during working hours and in the workplace due to work-related reasons; Disgusted.
2) Being injured in an accident while engaging in work-related preparatory or finishing work in the workplace before or after working hours;
(3) Suffering violence or other accidental injuries during working hours and in the workplace as a result of performing work duties;
4) Suffering from occupational diseases;
5) Injured or unaccounted for in an accident while away for work;
(6) Being injured in a traffic accident or an urban rail transit, passenger ferry, or train accident for which they are not primarily responsible while commuting to or from work;
7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.
Hello. In this case, as you said, your father is counted as a work-related injury, and your father's injury at the construction site will be compensated for your father's lost work expenses, nursing expenses, etc., in addition to hospitalization expenses and medical expenses. As for how much to pay, the boss of the construction site personally said that it does not count, the boss of the construction site should discuss with you and your family how much to pay, if you think it is unreasonable, you can also bargain with him, if he has the final say, it will definitely not be able to pay much. >>>More
1. If you encounter an accident injury in the course of work, you should immediately go to the medical institution that signed the service agreement for medical treatment, and in case of emergency, you can first go to the nearest medical institution for first aid. At the same time, apply to the local labor and social security administrative department for work-related injury recognition in a timely manner. If an injured employee is not satisfied with the determination of work-related injury by the labor and social security department (if it is not recognized as a work-related injury), he or she may also file an administrative reconsideration within 60 days of receiving the work-related injury determination; Those who are dissatisfied with the reconsideration decision may also file an administrative lawsuit with the local people's court within 15 days. >>>More
If the injured boss does not compensate, he can apply for labor arbitration. If the labor dispute arbitration award has legal effect, and the employer fails to perform it, it shall apply to the people's court for enforcement.
Go to the law firm and ask for a satisfactory answer.
First of all, you have to report this matter to the boss, under normal circumstances, the forklift will be insured, so that the boss will negotiate with the insurance company or call the insurance company to deal with it, you had better not deal with it privately, to prevent sequelae in the future. >>>More