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An employee of an enterprise who is electrocuted while working shall be a work-related fatality.
If both parties do not agree to mediation, the human resources administrative department can first determine the death of the work, and if there is a dispute between the two parties, they can apply for labor arbitration.
If both parties agree to mediation, the village, as a grassroots villagers' autonomous organization, may come forward to preside over the mediation. If the two parties reach mediation and then repent, within one year from the date of the occurrence of the work-related death, the deceased party may apply for a work-related death determination, and after the determination takes effect, the employer may coordinate with the enterprise and apply for labor arbitration within one year from the date of the dispute.
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An employee of an enterprise who is electrocuted while working shall be a work-related fatality.
The employer or the close relatives of the deceased shall apply to the local human resources and social security bureau for the determination of work-related injury, and the application time limit shall be within 30 days of the employer; Within one year, the village may come forward to preside over mediation according to the results of the work-related injury determination and the relevant provisions of the "Regulations on Work-related Injury Insurance". Where mediation is reached, a mediation document shall be drafted with the official seal of the villagers' committee and signed by both parties and the mediator.
If the parties repent, if the mediation fails to reach a consensus or after the mediation is reached, the parties may apply to the Labor Arbitration Commission of the Human Resources and Social Security Bureau for labor arbitration, or may file a lawsuit with the people's court.
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If the labor relationship can be determined, you should apply for work-related injury identification and labor ability appraisal as soon as possible, and then apply for labor arbitration as soon as possible according to the appraisal results, and request the employer to compensate for work-related injuries as soon as possible, because the statute of limitations is only 1 year, and the law does not support it if the statute of limitations is exceeded.
Compensation items for disability caused by work-related injuries: medical expenses, food allowance during hospitalization, living care expenses, wages during work-related injuries, transportation and accommodation expenses, assistive device expenses, one-time disability allowance, disability allowance, one-time medical subsidy for work-related injuries, one-time disability employment subsidy, etc.
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Mediation is possible, as long as both parties are willing, it can be settled, but if the insurance company is involved, it must be handled in accordance with local regulations.
Village collectives can mediate.
It is possible to mediate.
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In the case of such an application for work-related injury recognition in the event of an injury in a contracted operation, it is easy to cause disputes due to whether the contractor and the unit have an employment relationship or a contractual relationship. According to the landlord's description, your cousin has signed a contract with the freight company, and the contract also stipulates how your cousin will be paid, which means that there is an employment relationship between them. If there is an employment relationship, and your cousin dies in a traffic accident during working hours due to work-related reasons, it should be regarded as a work-related injury and can apply for work-related injury recognition.
The statute of limitations for applying for a work-related injury determination is one year from the date on which the injury is determined. If the company does not apply, you can self-report the accident 30 days after the accident.
If the company does not pay your cousin's work-related injury insurance, there is no reason for him not to be liable for work-related injury compensation according to the regulations. The company did not pay work-related injury insurance in order to save money, but now he is definitely unwilling to pay for work-related injuries, even if he agrees on the surface, it will be delayed again and again. A friend of mine didn't want to pay compensation for a work-related injury accident that the employer didn't pay for the work-related injury insurance, and the unit had a lot of trouble because of this for a long time, and finally entrusted Zhang Feng, the lawyer of Kevin's work-related injury compensation, to get the compensation through legal channels.
It is recommended that your cousin's family find a special lawyer to help you handle it, after all, they are professional, so that you can get compensation as soon as possible and give your family a comfort.
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Whether it is a work-related injury depends on the identity of your cousin.
If it is the status of the contractor, then it cannot be recognized as a work-related injury.
If it is an employee, then of course it is a work-related injury.
At present, there are cases of such cases that are found to be work-related injuries, and there are also cases that are not recognized as work-related injuries.
If it is requested to be recognized as a work-related injury.
After the accident, the company should apply for a work-related injury determination within 30 days, if the company does not apply, your aunt can go to the labor and social security department to apply for a work-related injury determination within 1 year after the expiration of the 15th day.
It is recommended that your aunt go to the local labor and social security department to apply for a work-related injury determination.
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If it is a work-related injury, you can go to the local labor and social security bureau to report the work-related injury.
The Labor Bureau and the employer will compensate you.
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If it is a work-related death, you can apply for work-related death compensation, if you pay work-related injury insurance, it will be paid by work-related injury insurance**, if it is not paid by the unit.
The compensation that can be obtained under Article 39 of the Regulations on Work-related Injury Insurance is as follows:
If an employee dies on the job, his close relatives shall receive funeral allowances, pensions for dependent relatives and one-time work-related death subsidies from 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 provided the main livelihood of the employee who died on the job and were unable to work 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 is 20 times the per capita disposable income of urban residents in the previous year (the per capita disposable income of urban residents in 2009 was 17,175 yuan).
It is recommended to require the unit to declare the work-related death application, if the unit does not declare, it can self-declare 30 days after the accident, and note that the self-declaration time is only one year.
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It's all work-related deaths. You can submit an application for work-related injury recognition to the social security department, whether it can be determined that it is determined by the relevant agency of the social security bureau, not by the company.
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1. The probationary calendar period is also included in the term of the labor contract, and the employee and the employer shall establish a labor relationship from the date of employment, and the employer shall be obliged to pay social security for the employee if the labor relationship is established
2. If an accident occurs during the probationary period, you can apply to the work-related injury insurance department for work-related injury identification, and if you meet the work-related injury, you can enjoy work-related injury insurance benefits according to law.
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During the probationary period, the employer may be required to reimburse the medical expenses for work-related injuries, and if it constitutes disability, it can be treated as work-related injury and disability.
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As long as the labor relationship is established with the company, even if the first day of work is slow and an accident occurs, you can apply to the work-related injury insurance department for work-related injury identification.
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During the probationary period, if you are injured at work, you can enjoy work-related injury benefits in accordance with the law.
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If the work-related injury is determined to be the same, it shall be handled in accordance with the regulations.
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Probably not. This is a fault of their own. There is no direct relationship with the workplace or construction site. You can consult with a law firm.
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Claims are available! How much to lose depends on the specific situation!
I still have to pay some for it!
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