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Anonymous users2024-02-09Workers who drive excavators without a license to work and cause work-related accidents are entitled to work-related injury insurance benefits.
If a worker is injured in an accident during working hours, in the workplace, or by operating an excavator without a license, it shall be recognized as a work-related injury in accordance with the provisions of Article 14 (1) of the Regulations on Work-related Injury Insurance. China's work-related injury insurance implements no-fault liability compensation, and the injured employee does not affect the work-related injury insurance benefits due to his own fault, and the employer shall bear the main responsibility for the operation of the excavator without a license. Employees are entitled to work-related injury insurance benefits in accordance with the law, and the work-related injury insurance** and the employer shall compensate them in accordance with the prescribed standards.
Regulations on Work-related Injury Insurance
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.
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Anonymous users2024-02-08If you can't get over it on your conscience, I'll give you some If you really don't give it to you, you can't help it, it's better to buy insurance by yourself, it's not too much, thousands of dollars a year, this is responsible for yourself, the protection of your family, and buying insurance is also a way to manage your finances.
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Anonymous users2024-02-07Legal analysis: On the way to and from work, if you are injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train for which you are not primarily responsible, it shall be recognized as a work-related injury, and the injury caused by driving without a license is mainly attributable to the person, and should not be recognized as a work-related injury.
Legal basis: Regulations of the People's Republic of China on Work-related Injury Insurance Article 14 An employee who has any of the following circumstances shall be deemed to have suffered a work-related injury, and if he is injured in an accident during working hours and in the workplace due to work-related reasons, if he is injured in an accident in the workplace before or after working hours, if he or she is injured in an accident while engaged in work-related preparatory or finishing work, and if he or she is injured by an accident such as violence in the performance of his or her work duties during working hours and in the workplace.
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Anonymous users2024-02-06Legal analysis: In a car accident on the construction site, some people were injured and the driver did not have a driver's license, and the liability for the traffic accident was the owner of the construction site or the driver who caused the accident. The owner of the car bears the liability for compensation, but after the compulsory traffic insurance is paid, the owner can recover from the driver who caused the accident, that is, the owner asks the driver to pay back the money paid by the car in the accident.
In this traffic accident, the driver not only had to pay for it, but also had to bear the criminal responsibility for injuring people.
Interpretation of Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases Article 9 Where an employee causes injury to another person in the course of employment activities, the employer shall be liable for compensation; If an employee intentionally or grossly negligently causes damages, he shall be jointly and severally liable with the employer for compensation. If the employer bears joint and several liability for compensation, it may recover compensation from the employee.
"Engaging in employment activities" as used in the preceding paragraph refers to engaging in production and business activities or other labor activities within the scope authorized or instructed by the employer. Where an employee's conduct exceeds the scope of authorization, but the employee's apparent form is in the performance of his duties or is intrinsically related to the performance of his duties, it shall be found to be engaging in employment activities.
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Anonymous users2024-02-05Legal Analysis: Accidentally injuring a colleague at work is a work-related injury. If the worker is injured at work, the employer should bear the corresponding responsibility, and the excavator itself does not have a fault if it does not need to be liable.
Legal basis: Regulations on Work-related Injury Insurance
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) Being injured in a motor vehicle accident while commuting to or from work.
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) During working hours and at work, death from a sudden illness or death within 48 hours of being rescued ineffectively.
2) Harmed in the course of emergency rescue and disaster relief or other activities to preserve the national interest or the public interest.
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 has any of the circumstances in items (1) or (2) of the preceding paragraph, he or she shall enjoy work-related injury insurance benefits in accordance with the relevant provisions of these Regulations, and if the employee has any of the circumstances in item (3) of the preceding paragraph, he or she shall enjoy work-related injury insurance benefits other than a one-time disability subsidy in accordance with the relevant provisions of these Regulations.
Article 16 In any of the following circumstances, an employee shall not be deemed to have suffered a work-related injury or be treated as a work-related injury:
1) Due to a crime or violation of the administration of public security**.
b) Drunkenness leads to **.
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Anonymous users2024-02-041. The company should pay you the full salary during the work accident.
2. According to the appraisal of the medical appraisal institution, the level of disability is determined, and the compensation is different for different levels, but the compensation must be paid only in the case of the resignation or dismissal of the unit.
3. The company shall give nutrition expenses or food subsidies as appropriate.
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Anonymous users2024-02-03Your question depends on the specific actual situation, first of all, whether the labor department recognizes your work-related injury appraisal, if it is identified as a work-related injury, there is also your disability appraisal, the company's general compensation scope includes, medical expenses, lost work expenses, nursing expenses, nutrition expenses, disability subsidies, etc.
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Anonymous users2024-02-02I am an excavator driver and have a work-related accident, and the company has a work-related accident, and I am an excavator driver, and what compensation does the company have? What compensation?
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