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1. 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;
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.
As can be seen from the above, this case does not fall within the scope of certification of work-related injuries.
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Hello, I'm a lawyer.
If the time really comes to solve this problem through law and a third party.
You should not be held liable for hiring a lawyer.
But your company should have paid three insurances for this worker, that is, the company needs to prove it, and then the insurance company will bear these responsibilities.
But if you are unlawful. Or you have not signed a labor contract or paid the three insurances, then you will have to bear some responsibilities.
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If it is not a work-related injury, the company is not legally liable for compensation.
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It is not a work-related injury, and the company has no legal liability for compensation.
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It is not a work-related injury, and the company has no legal liability for compensation.
It is morally acceptable to bear a little.
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It depends on whether it is a work injury.
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Injuries caused by employees during working hours are work-related injuries, also known as occupational injuries and work-related injuries, which refer to accident injuries and occupational disease injuries suffered by workers while engaging in occupational activities or activities related to occupational activities.
1. According to Article 14 of the Regulations on Work-related Injury Insurance, work-related injuries mainly include the following types:
Injured in an accident during working hours and in the workplace due to work-related reasons;
Injured in an accident while engaged in work-related preparatory or finishing work in the workplace before or after working hours;
Injured by violence or other accidents during working hours and in the workplace due to the performance of work duties;
suffering from occupational diseases;
During the period of going out for work, the person is injured due to work reasons or the whereabouts of the accident are unknown;
Injured in a motor vehicle accident while commuting to or from work;
Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.
2. Article 15 of the Regulations on Work-related Injury Insurance stipulates that an employee shall be deemed to have suffered a work-related injury if he or she has any of the following circumstances:
Death from sudden illness during working hours and at work, or death within 48 hours after rescue efforts failed;
Suffering harm in activities to safeguard national interests or public interests, such as emergency rescue and disaster relief;
Employees who originally 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.
3. However, if there is any of the following circumstances, it shall not be recognized as a work-related injury or treated as a work-related injury:
For committing a crime or violating the administration of public security**;
Drunkenness leads to **;
Self-harm or suicide.
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If an employee is injured in an accident at work, he or she may defend his or her rights in accordance with the work-related injury compensation procedures, apply for work-related injury recognition in accordance with the law, and then apply for the appraisal of the level of loss of working ability, and then determine the amount of compensation based on the appraisal results.
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Hello, about your question, I think that first of all, it is definitely not a work-related injury, and the company has handled accident insurance for employees, which belongs to employee benefits, and employees have an accidental injury, and the company has the obligation to declare claims for employees. The medical expenses of employees shall be handled in accordance with the medical insurance system. Employees who are sick or injured on the job are entitled to a certain period of service according to their working years, during which the company shall pay wages not less than 80% of the local minimum wage (but local regulations have higher requirements).
Hope it helps.
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Employees: How to deal with injuries at work in the company? This is a work-related injury. All medical expenses are borne by the company. And he has to bear the cost of lost work.
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You just need to find the person in charge of the company. The company is required to follow the normal procedures of work-related injury identification and work-related injury identification.
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This is a very obvious industrial and commercial situation, so the best way is to adopt the industrial and commercial way, which can not only maximize the benefits of employees, but also not be hurt in order to see a doctor. It also relieves a lot of burden to factories and companies.
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As long as it is caused by normal work, it is a work-related injury, and it must be handled in accordance with the relevant provisions of the Labor Law.
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It must have been a work injury, and there was nothing wrong with that.
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Legal analysis: If an employee is injured during work, the company will inevitably be liable for work-related injury compensation, and confirm whether the company has handled social insurance for the employee. Try to cooperate with the employee to **, if there is a help to pay the medical expenses of the employee, let the employee sign a written document; **During the period, we will negotiate with the employee to pay some living expenses first, and then confirm the salary during the suspension period.
Legal basis: Article 33 of the Social Insurance Law of the People's Republic of China Employees shall participate in work-related injury insurance, and the employer shall pay work-related injury insurance premiums, and employees shall not pay work-related injury insurance premiums.
Article 38 of the Social Insurance Law of the People's Republic of China The following expenses incurred due to work-related injuries shall be paid from work-related injury insurance** in accordance with national regulations:
1) Medical expenses and expenses for work-related injuries;
2) Hospitalization meal subsidy;
3) Transportation and accommodation expenses for medical treatment outside the overall planning area;
4) The cost of installing and configuring assistive devices for the disabled;
5) For those who are unable to take care of themselves, the living care expenses confirmed by the Labor Ability Appraisal Committee;
6) A one-time disability allowance and a monthly disability allowance for employees with disabilities of grades 1 to 4;
7) A one-time medical subsidy to be enjoyed when the labor contract is terminated or dissolved;
8) In the event of a work-related death, the funeral allowance, the pension for dependent relatives and the work-related death allowance received by the surviving family members;
9) Labor ability appraisal fee.
Article 39 of the Social Insurance Law of the People's Republic of China The following expenses incurred as a result of work-related injuries shall be paid by the employer in accordance with the provisions of the State:
1) Wages and benefits during the work-related injury;
2) The monthly disability allowance received by the disabled employees of the fifth and sixth grades;
3) A one-time disability employment subsidy that shall be enjoyed when the labor contract is terminated or dissolved.
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Legal analysis: If it is because of work, the company is responsible, if it is because of personal reasons, the company is not responsible.
Legal basis: 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) Injured in an accident due to work-related reasons in the workplace during work (2) Injured in an accident while engaged in work-related preparatory or finishing work in the workplace before and after working hours (3) Injured by an accident during working hours and in the workplace due to violence or other accidents due to the performance of work duties (4) Suffering from occupational Xunling disease (5) Injured or unaccounted for in an accident during the period of going out for work (6) On the way to and from work, Injuries caused by motor vehicle accidents (7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.
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Legal Analysis]: If an employee is injured in an accident at work, he or she can defend his rights in accordance with the work-related injury compensation procedure, apply for work-related injury recognition in accordance with the law, and then apply for the appraisal of the level of loss of working ability, and then determine the compensation amount according to the appraisal results. If an employee is injured during work, the company will inevitably be liable for work-related injury compensation, and confirm whether the company has handled social insurance for employees.
Try to cooperate with the staff to carry out **, if there is a help for the employee to pay for medical travel delayed treatment, let the employee sign a written document; **During the period, we will negotiate with the employee to pay some living expenses first, and then confirm the salary during the suspension period. After the occurrence of work-related accidents, enterprises and units shall promptly report the work-related injuries and occupational diseases, and shall not conceal or omit reports; secondly, the injured employee or his or her relatives apply for recognition of work-related injury and enjoy work-related injury benefits; Finally, the trade union organization of the enterprise may file an application on behalf of the injured employee.
Legal basis: Social Insurance Law of the People's Republic of China
Article 33 Employees shall participate in work-related injury insurance, and the employer shall pay work-related injury insurance premiums, and employees shall not pay work-related injury insurance premiums.
Article 38 The following expenses incurred due to work-related injuries shall be paid from work-related injury insurance** in accordance with the provisions of the State:
1) Medical expenses and expenses for work-related injuries (2) Hospitalization and food subsidies (3) Transportation and accommodation expenses for medical treatment outside the co-ordination area (4) Expenses required for the installation and configuration of disability assistive devices (5) Living care expenses confirmed by the Labor Ability Appraisal Committee for those who cannot take care of themselves (6) One-time disability allowance and monthly disability allowance for disabled employees of grades 1 to 4 (7) One-time medical subsidies that should be enjoyed when the labor contract is terminated or terminated (8) Death due to work, Funeral allowances, pensions for dependent relatives and work-related death allowances received by their surviving family members (9) Labor ability appraisal fees.
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Summary. How to compensate for injuries caused by falls at work.
If an employee falls and is injured while at work, the employer may apply for a determination of the work-related injury, and then conduct a disability appraisal after the work-related injury is identified, and the compensation standard can be determined after the disability appraisal results appear.
How to deal with an employee who falls and is injured at work in the company?
How to compensate the employee for a fall injured during the excessive dissipation at work, the employer can apply for a determination of the work-related injury, and then make a disability appraisal after the work-related injury is identified.
1. Elements for determining liability for work-related accidents. Determine whether an accident is a work-related accident and whether the employer should be liable for compensation according to no-fault liability. Elements for constituting a work-related accident:
1. There must be a labor relationship between the employee and the employer; 2. The employee must have the fact of personal injury; 3. The damage to the employee must occur in the course of his or her performance of his or her duties; 4. There is a causal relationship between the accident and the damage suffered by the seepage workers; 5. The accident was not caused by the intention of the employee himself. 2. The criteria for judging whether an employee has established an employment relationship with the employer. 1. Whether a labor contract has been concluded; 2. Whether there is a de facto labor relationship.
The following factors can be referred to: whether there is a subordinate relationship between the two parties, the relationship between the employer and the employee is that of management and management, and the employee is managed by the employer and participates in production and work as agreed; The employer shall organize the distribution of wages and pay labor remuneration to employees in accordance with regulations or agreements; Employees generally work in the workplace provided by the employer. 3. The employee must have the fact of personal injury.
First, the damage caused by a work-related accident is personal injury; Second, employees are the bearers of the damage caused by work-related accidents. 4、
I fell from a car at work and suffered a comminuted fracture of my elbow.
What to do now.
If the claim can be made, the employer should first issue a work-related injury certificate, and then go to the hospital to determine the extent of the injury to determine the amount of compensation.
You must first ask the employer to issue a work-related injury certificate.
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