Is this a work related injury? What should I do

Hello: If it is a work-related injury, the work-related injury will be identified, and then the disability appraisal will be carried out, and then the labor arbitration claim will be made.

In principle, you should not be recognized as a work-related injury because of the collusion, but after all, you are still for work, and you should be able to identify a work-related injury, and your employer will not give you a recognition, and you can go to the Social Security Work-related Injury Department to report the work-related injury within one year after the accident. The problem now is that if you are found to have suffered a work-related injury, there is no compensation if you do not reach the disability level. You can estimate for yourself whether you can reach the disability level, if you can't reach the disability level, it is useless to determine the work-related injury, because the employer has already reimbursed you for medical expenses.

You will also be paid your salary during the break. There is no subsidy left.

Chapter III Determination of Work-related Injuries Article 14 In any of the following circumstances, an employee shall be found to have suffered a work-related injury: (1) he or she is 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) Suffering violence or other accidental injuries during working hours and in the workplace as a result of performing work duties; (4) Suffering from an occupational disease; (5) During the period when they are away for work, they are injured due to work reasons or their whereabouts are unknown in an accident; (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. 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 the national interest or the public interest; (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 have the circumstances 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 16: Where an employee meets the requirements of Articles 14 and 15 of these Regulations, but in any of the following circumstances, it shall not be recognized as a work-related injury or treated as a work-related injury:

1) Intentionally committing a crime; (2) Drunk or taking drugs; (3) Self-harm or suicide. Satisfied.

It can't be regarded as a work injury, although you are well-intentioned, but you have violated work discipline, this is a lesson, remember not to do anything that violates work discipline in the future, what to do safety first. But you can also talk to the boss, basically there is no hope, the boss will not agree, and he will not accompany anything. Good luck.

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; ......

Your mother was injured by a beer bottle at work, which is of course a work-related injury.

For work-related injuries, the corresponding **, nursing care during work-related injuries, wages and benefits during work-related injuries, and work-related injury compensation after recovery from work-related injuries should be borne by the unit.

Since you have been injured, regardless of whether the unit takes measures or not, it is recommended that your family first send them to the hospital to take ** measures, after all, health is the most important thing.

In addition, to claim compensation for workers' compensation, it must first be proved that it is a work-related injury. Therefore, gather evidence that your mother was injured in the course of work. The collection of evidence is difficult, and it is recommended to entrust a lawyer to provide legal help.

If the family is in financial difficulty, they can apply for free legal aid at the local legal aid center.

As to whether it is a work-related injury, it may be referred to in accordance with Article 1 of the "Regulations on Work-related Injury Insurance" and the period and circumstances stipulated in several opinions on work-related injury administrative cases.

If you fall under the circumstances specified in Articles 14 and 15 of the Regulations on Work-related Injury Insurance, and do not have the circumstances specified in Article 16, you can apply for work-related injury determination.

Regulations on Work-related Injury Insurance

Article 14 In any of the following circumstances, an employee shall be deemed to have suffered a work-related injury: (1) 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) Suffering violence or other accidental injuries during working hours and in the workplace as a result of performing work duties; (4) Suffering from an occupational disease; (5) During the period when they are away for work, they are injured or their whereabouts are unknown in an accident due to the age of 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.

Article 15 An employee who has any of the following circumstances shall be deemed to have suffered a work-related injury: (1) Death from sudden illness during working hours and at work, or death within 48 hours after rescue efforts failed; (2) Suffering harm in 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 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 of Zhushan who have the circumstances 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 16: Where an employee meets the requirements of Articles 14 and 15 of these Regulations, but in any of the following circumstances, it must not be found to be a work-related injury or treated as a work-related injury: (1) Intentionally committing a crime; (2) Drunk or taking drugs; (3) Self-harm or suicide.

Forget it, of course. 1. After the occurrence of work-related accidents, the enterprise unit must first report the work-related injury and occupational disease in a timely manner, and shall not conceal or omit the report;

secondly, the injured employee or his or her relatives apply for recognition of work-related injury and enjoy work-related injury benefits;

Third, the trade union organization of the enterprise may submit an application on behalf of the injured employee.

2. Time requirements for reporting and application: From the date of the occurrence of the work-related accident or the date of the diagnosis of the occupational disease, the waiter of the enterprise shall report within 15 days, and the injured employee or his relatives shall apply within 15 30 days. Within this time, the report and application should be as soon as possible, which is conducive to timely investigation and evidence collection, and is conducive to the timely enjoyment of relevant benefits by injured employees.

3. Investigation and evidence collection and identification of work-related injuries: After receiving the work-related injury report and application, the labor administrative department shall pay close attention to the investigation and return of the work-related injury, which shall generally be extended to 30 days under special circumstances, and make a conclusion on whether to determine the work-related injury, and notify the work-related injury in writing. Investigation and evidence collection materials should include:

Dust God noisy employees apply and verify the relevant issues; Diagnosis of work-related injuries and occupational diseases and related information from hospitals or medical institutions; Injury reports and on-site investigations of the enterprise.

4. Handling of work-related injury disputes: Different procedures should be applied to the two types of disputes. First, if the enterprise does not agree to the request of the injured employee, the employee or his relatives shall apply to the local labor dispute arbitration commission for arbitration.

If the parties are not satisfied with the conclusion of the arbitration, both parties shall appeal to the court. Second, if the enterprise or employee is dissatisfied with the decision of the local labor administrative department and the social insurance agency to determine the work-related injury or confirm the payment of benefits, it shall apply to the labor administrative department at the next higher level for administrative reconsideration; Those who are not satisfied with the conclusion of the administrative reconsideration shall file an administrative lawsuit with the court.

1. Immediately dial **12333 to call the police, **12333 is the national unified labor inspection and security agency for consultation, reporting and complaints**. 12348 Legal Aid Consultation Line.

2. Quickly collect any evidence related to the company and the construction site, including text, mobile phone** and audio recordings, work tools, work clothes, site work photos and other evidence that can prove the existence of labor relations between you and the employer.

3. If you have formed a de facto contractual relationship with the employer, even if there is no labor contract, you can apply to the labor dispute arbitration commission for arbitration and request the employer to compensate for economic losses. (Reply of the General Office of the Ministry of Labor on the Employer's Request for Economic Compensation if the Employer Fails to Sign the Labor Contract, September 5, 1996).

4. If the employer has not signed a labor contract with you, the following documents can be referred to when determining the existence of an employment relationship between the two parties:

Wage payment vouchers or records (employee payslips) and records of payment of various social insurance premiums;

"Work Permit", "Service Certificate" and other documents issued by the employer to the employee that can prove the employee's identity;

Recruitment records such as the employer's recruitment and recruitment "registration form" and "registration form" filled in by the employee;

attendance records; Testimonies of other workers, etc.

The employer shall bear the burden of proof for the relevant documents of item and item.

5. If the employer has violated the law without concluding a labor contract, it shall bear legal responsibility in accordance with Article 82 of the Labor Contract Law, pay you twice the monthly salary, and make up a written labor contract with you. The starting date for the employer to pay you twice the monthly salary is the day after the expiration of one month from the date of employment, and the deadline is the day before the written employment contract is reconcluded.

6. Article 17 of the Regulations on Work-related Injury Insurance stipulates that if an employee is injured in an accident, the employer shall submit an application for work-related injury recognition to the local social insurance administrative department within 30 days from the date of the accident.

7. The "Regulations on Work-related Injury Insurance" stipulates that employees who are injured in accidents due to work shall enjoy medical treatment for work-related injuries. If an employee suffers an accident at work and needs to suspend work to receive medical treatment for work-related injuries, the original salary and benefits shall remain unchanged during the period of suspension with pay, and shall be paid by the employer on a monthly basis.

First, you can immediately apply to the Jiangyin Labor and Social Security Bureau for a work-related injury determination. According to paragraph 2 of Article 17 of the Regulations on Work-related Injury Insurance, if an employer fails to submit an application for recognition of work-related injury in accordance with the provisions of the preceding paragraph, the injured employee, 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.

Second, you need to submit some information when applying, according to Article 18 of the Regulations on Work-related Injury Insurance:

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.

Even if there is no contract, you can provide pay slips, work permits, or work clothes to prove the existence of an employment relationship between you and the employer.

Third, the determination of work-related injuries shall be carried out by the Labor and Social Security Bureau. If the employer does not pay the work-related injury insurance for you, the employer must pay all the work-related injury insurance benefits.

Therefore, it is imperative that you first apply to the Labor and Social Security Bureau for a determination of work-related injury. After the work-related injury is recognized, you can ask your employer to pay for the medical expenses. If the employer still does not pay, you can apply to the Labor and Social Security Bureau for labor arbitration.

According to the arbitration, the employer is forced to pay medical expenses, etc. It is recommended that you check the Regulations on Work-related Injury Insurance and the Regulations on Work-related Injury Insurance of Jiangsu Province

Legal Analysis: Work-related injury compensation should be applied to the human resources and social security department. The employer needs to make a declaration within one month after the occurrence of the work-related injury, and if the employer fails to make the declaration, the injured employee or his close relatives can apply for the work-related injury within one year.

If an injured employee applies on his/her own, he/she must submit an application form for work-related injury determination, a certificate of employment relationship, and a certificate of medical diagnosis. Depending on the level of determination, the amount of compensation will vary.

Legal basis: Regulations on Work-related Injury Insurance Article 33 If an employee is injured in an accident or suffers from an occupational disease due to work and needs to suspend work to receive medical treatment for work-related injury, the original salary and benefits shall remain unchanged during the period of suspension of work and salary, and shall be paid by the employer on a monthly basis. The period of leave without pay is generally not more than 12 months.

If the injury is serious or the circumstances are special, it may be appropriately extended upon confirmation by the labor ability appraisal committee at the districted city level, but the extension shall not exceed 12 months. After the work-related injury is assessed, the original benefits shall be suspended and the disability benefits shall be enjoyed in accordance with the relevant provisions of this Chapter. If the injured employee still needs to be ** after the expiration of the period of suspension of work with pay, he or she shall continue to enjoy the medical treatment of work-related injury.

If an injured employee who is unable to take care of himself needs nursing care during the period of suspension of work with pay, the unit to which he or she belongs shall be responsible.

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

In any of the following circumstances, an employee shall be deemed to have suffered 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) Suffering violence or other accidental injuries during working hours and in the workplace as a result of performing work duties; (4) Suffering from an occupational disease; (5) During the period when they are away for work, they are injured due to work reasons or their whereabouts are unknown in an accident; (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.

You see (2) is it in the workplace, isn't it? This is important. If so, it can be linked to a work injury.