What is the responsibility of the employer for cerebral hemorrhage in the labor of Gu Gong

Gu Gong has a cerebral hemorrhage during his work, he has no medical insurance and no insurance, Gu Gong has a cerebral hemorrhage while working in Jilin, and the Gu owner has not signed a contract, how should the Gu pay for medical expenses?

Article 6 of the Measures for Economic Compensation for Violation and Termination of Labor Contracts issued by the Ministry of Labor (1994) No. 481 stipulates that "if a worker is sick or injured not due to work, and the labor appraisal committee confirms that he is unable to perform his original job or perform another job arranged by the employer and terminates the labor contract, the employer shall pay him an economic compensation equivalent to one month's salary for each full year of his or her service in the employer, and shall also pay a medical subsidy of not less than six months' salary." In the case of serious illness and terminal illness, the medical subsidy shall also be increased, and the increase in the amount of serious illness shall not be less than 50 percent of the medical subsidy fee, and the increase in the amount of terminal illness shall not be less than 100 percent of the medical subsidy fee. Article 2 of the Ministry of Labor's Notice on Implementing the Regulations on the Medical Treatment Period for Sick or Non-work-related Injuries of Employees of Enterprises (Lao Bu Fa (1995) No. 236 stipulates that "with regard to the medical treatment period for special diseases, according to the current actual situation, if some employees suffering from special diseases (such as cancer, mental illness, paralysis, etc.) cannot be cured within 24 months, the medical treatment period may be appropriately extended with the approval of the enterprise and the competent labor department." ”

Legal analysis: If an employee has a sudden cerebral hemorrhage during work and is sent to the hospital for rescue, the employee only goes to work normally, and the company does not arrange overtime, because cerebral hemorrhage generally belongs to the employee's own disease, not an accident injury, and the employee can report to the employee medical insurance after being discharged from the hospital. If the employer does not purchase employee medical insurance, the reimbursement part of the medical insurance shall be borne by the employer.

Legal basis: "Social Insurance Law of the People's Republic of China" Article 38 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) Subsidies for in-hospital meals; (3) Transportation and lodging expenses for medical treatment outside the overall planning area; (4) The cost of installing and configuring assistive devices for the disabled; (5) Those who are unable to take care of themselves and have been confirmed by the Labor Ability Appraisal Committee for the care of living shed dust; (6) A one-time disability subsidy and a monthly disability allowance for disabled employees 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 case of a work-related death, the funeral allowance received by the surviving family members, the pension chain for dependent relatives and the work-related death subsidy; (9) Labor ability appraisal fee.

Dear, the answer has been sorted out, I am happy to answer for you, first, the sudden cerebral hemorrhage of the employee during working hours, if it does not belong to the first paragraph of Article 15 of the "Regulations on the Pre-nuclear Regulations of Work-related Injury Insurance" (1. During working hours and at work, sudden illness death or death within 48 hours after rescue is ineffective), and can not be recognized as a work-related injury, and can not enjoy the corresponding work-related injury treatment; The employer is also not liable for compensation. 2. Sick employees can enjoy the treatment of Xiangzen's caution during the medical treatment period for illness or non-work-related injuries in accordance with the law. 3. The employer may also provide necessary moral assistance or assistance (such as lending necessary rescue expenses to employees who are really in difficulty).

4. It is the legal obligation of the employer to establish a social insurance relationship for the employee in accordance with the law and bear the corresponding fees, and if the sick employee cannot enjoy the medical insurance benefits due to the employer's failure to establish a medical insurance relationship for the employee, the employer shall bear the responsibility for the payment of the profit and loss caused by the sick employee.

Business trip. Are you accompanied by family on a business trip? Cerebral hemorrhage is sudden! The hotel does have a certain responsibility! Call 120 first aid**, it's always okay, right? This hotel employs some people, and they don't even know the basic common sense of being a person. Hit 120, you see who is still blackmailing you!

(1) Death from a sudden illness during working hours and at work, or death within 48 hours after rescue efforts failed;

1. If an employee suffers personal injury in the course of employment activities, the employer shall be liable for compensation. If a third party outside the employment relationship causes personal injury to an employee, the person entitled to compensation may request the third party to bear the liability for compensation, and may also request the employer to bear the liability for compensation. After the employer assumes the liability for compensation, it can recover from a third party.

2. If an employee suffers personal injury due to a work safety accident in the course of employment activities, and the employer or subcontractor knows or should know that the employer receiving the contract or subcontract business does not have the corresponding qualifications or safety production conditions, it shall be jointly and severally liable with the employer for compensation.

3. The provisions of this article shall not apply to those that fall within the scope of labor relations and work-related injury insurance adjusted by the Regulations on Work-related Injury Insurance.

When you take care of it, regardless of whether there is a written contract or not, in fact, an agreed relationship between the use and the use has been formed, and this relationship is legally binding. This is the same as in the factory, if a worker has an accident during working hours (including commuting to and from work), it will be treated as a work-related injury ......

There is a certain amount of responsibility! Specifically, I suggest you consult a lawyer!