What should I do if the owner of a private business is injured and does not accompany the money

According to the Regulations on Work-related Injury Insurance, an entity or individual can apply for work-related injury determination.

Article 17 If an employee is injured in an accident or is diagnosed or appraised as an occupational disease in accordance with the provisions of the Law on the Prevention and Treatment of Occupational Diseases, the unit to which he belongs shall, within 30 days from the date of occurrence of the accident injury or the date of diagnosis or appraisal of an occupational disease, submit an application for recognition of work-related injury to the social insurance administrative department of the coordinating region. In case of special circumstances, the time limit for application may be appropriately extended with the consent of the social insurance administrative department.

If the employer fails to submit an application for recognition of work-related injury in accordance with the provisions of the preceding paragraph, the injured employee or his immediate family members 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 labor and social security administrative department of the coordinating area where the employer is located.

Matters that shall be determined by the provincial-level social insurance administrative department in accordance with the provisions of the first paragraph of this Article shall be handled by the social insurance administrative department at the districted-city level where the employer is located in accordance with the principle of territoriality.

If an employer fails to submit an application for determination of work-related injury within the time limit specified in the first paragraph of this Article, the employer shall bear the relevant expenses such as work-related injury benefits incurred during this period that comply with the provisions of these Regulations.

After the work-related injury determination is issued, continue to report the work-related injury appraisal, and the fracture can be rated as a work-related injury. According to the Regulations, there is compensation for work-related injuries.

If the employer fails to pay work-related injury insurance, all expenses shall be paid by the employer; If paid, most of the fees will be paid by the Work-related Injury Treatment Department of the Labor Bureau and the Human Resources and Social Security Bureau.

If the employer refuses to pay, it can apply for labor arbitration.

Have you signed a labor contract, according to the labor law, work-related injuries can be defended by legal means Whether the boss has purchased accident insurance for you, if you do, you can be compensated by the insurance company The most important thing is that you have to apply for work-related injury identification, negotiate compensation with the boss, and apply for arbitration at the labor arbitration commission under the local labor and personnel bureau, otherwise you don't even know what money you can compensate. If you are not satisfied with the arbitration, you can also file a lawsuit with the local basic court. It doesn't matter if you don't have a contract, you worked there after all

You can tell him that the work injury should be handled as soon as possible.

Whether there is a labor contract signed, and whether there is an appraisal of the level of work-related injury.

Working for a private employer, the solution to the work-related injury is as follows:

1. After a work-related injury, first determine whether the relationship with the boss is a labor relationship or a temporary employment relationship.

2. If it is a labor relationship, you can apply for work-related injury identification and labor ability appraisal, and enjoy work-related injury benefits according to the appraisal results. If the boss does not have work-related injury insurance, the work-related injury benefits are paid by the boss.

3. If it is only a temporary labor relationship, that is, an employment relationship, in the employment relationship, the employer shall be liable for compensation if the employee suffers personal injury at work.

Regulations on Work-related Injury Insurance

Article 14. In any of the following circumstances, it shall be found to be 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) 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.

Legal Analysis: After being injured at work for a private employer, you can apply to the local labor bureau for a work-related injury determination within one year, and then apply to the labor appraisal board for a work-related injury appraisal. After having two certificates, the amount of compensation is stipulated according to the appraisal level, and the compensation items may include medical expenses, nursing expenses, transportation expenses, disability assistive device fees, appraisal fees, etc.

If the private boss does not have work-related injury insurance, he will be solely responsible for it. If the negotiation with the boss fails, you can apply to the local labor arbitration commission for arbitration settlement.

Legal basis: Article 6 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases Article 6 Medical expenses are determined on the basis of the receipts issued by medical institutions for medical expenses, hospitalization fees, etc., combined with relevant evidence such as medical records and diagnosis certificates. If the person obligated to indemnify has objections to the necessity and reasonableness of **, it shall bear the corresponding burden of proof.

The amount of compensation for medical expenses shall be determined on the basis of the amount actually incurred before the conclusion of the debate in the court of first instance. The compensation rights holder may file a separate lawsuit for the necessary expenses for organ function recovery training, appropriate cosmetic surgery fees, and other follow-up expenses. However, if the expenses that are determined to be incurred on the basis of the medical certificate or appraisal conclusion, they may be compensated together with the medical expenses already incurred.

Article 7 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases: Compensation for lost time is to be determined on the basis of the victim's lost time and income. The lost time is determined on the basis of a certificate issued by the medical institution to which the victim received. Where the victim continues to miss work due to disability due to injury, the time of missing work may be calculated to the day before the date of disability.

If the victim has a regular income, the compensation for lost work shall be calculated on the basis of the actual reduced income. If the victim has no regular income, it is calculated on the basis of his average income in the last three years; Where the victim cannot provide evidence to prove his or her average income in the last three years, it may be calculated by referring to the average wages of employees in the same or similar industry in the previous year at the location of the court where the lawsuit is filed.

Article 8 of the Supreme People's Court's Interpretation of Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases Article 8: Nursing fees are to be determined on the basis of the nursing staff's income status, the number of nursing personnel, and the duration of nursing care. Where nursing staff have income, it is calculated with reference to the provisions on lost work pay; Where nursing staff have no income or employ nursing staff, it is calculated with reference to the labor remuneration standards for local nursing workers engaged in the same level of nursing. In principle, there is one nursing staff, but where the medical establishment or evaluation body has a clear opinion, the number of nursing personnel may be determined by reference.

The period of care shall be calculated until the victim regains the ability to take care of himself/herself. Where the victim is unable to regain his or her ability to take care of himself or herself due to disability, a reasonable period of care may be determined on the basis of factors such as his or her age and health condition, but not more than 20 years. The level of care for the victim after being determined to be disabled shall be based on the degree of dependence on care and the preparation of disability assistive devices.

If the private boss does not compensate for the work-related injury, the worker may apply to the labor and personnel dispute arbitration commission at the place where the employer is located or where the labor contract is performed. If the employee has applied for arbitration and litigation for work-related injury insurance benefits, and has obtained the final effective award, and the employer does not compensate him, the employee may apply to the court for compulsory enforcement. Workers who have suffered a work-related injury need to actively take care of their actual injuries.

**After completion, the worker should go to the work posture section bridge injury appraisal agency designated by the labor department to conduct work-related injury appraisal to ensure his legitimate rights and interests and claim compensation.

What are the criteria for determining work-related injuries:

1. Being injured in an accident during working hours and in the workplace due to work reasons;

2. Being injured in an accident while engaged in work-related preparatory or finishing work in the workplace before or after working hours;

3. During working hours and in the workplace, due to violence and other accidental injuries due to the performance of work duties;

4. Suffering from occupational diseases;

5. During the period of going out for work, the person is injured due to work reasons or the whereabouts of the accident are unknown;

6. Being injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train that is not the person's primary responsibility while commuting to or from work;

7. Other circumstances that shall be recognized as work-related injuries as provided by laws and administrative regulations.

[Legal basis].Article 9 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes.

If an employer violates state regulations by defaulting on or failing to pay labor remuneration in full, or in arrears in medical expenses, economic compensation or compensation for work-related injuries, the worker may file a complaint with the labor administrative department, which shall handle the matter in accordance with law.

In this case, the boss should bear your medical expenses and corresponding compensation, and if the boss refuses to pay, you can sue the boss directly to the court for payment. The specific project draft and amount can be calculated according to your actual situation.

1. Help calculate how to compensate for work-related accidents caused by the work of the contractor?

If you have an employment relationship with your boss and you have an accident, you can ask your boss to report the work-related injury, and then conduct an appraisal of the disability level, and the work-related injury insurance department or the employer will compensate you according to the level of appraisal. If your boss is in an employment relationship, the old hall will be responsible for compensation. If the employer fails to fulfill its obligation of supervision, it shall be jointly liable for compensation.

2. How much tax should be paid for sales of 8 million.

There is no standard answer to this question because the conditions are not perfect. In order to accurately calculate the tax payable, it is necessary to determine the accurate tax type, tax item and tax rate according to the nature, business scope and scale of the enterprise. Generally, bosses may be more concerned about this issue, because business, capital and taxes are the three topics that bosses can't get around, so it is recommended to ask professional finance to accounting, and you can also ask finance to help the boss develop an automatic calculation template according to the actual situation of the company, so that the boss has an approximate number, and he can have a good idea of the tax situation.

3. What should I do if the resigned boss does not pay my salary?

The handling of resignation by the boss who does not pay the salary is as follows:

1. Negotiate with the boss to solve the problem;

2. Report to the labor administrative department, usually the labor inspection brigade of the district where the unit is located;

3. You can also apply for arbitration directly.

If the company fails to pay the employee's wages on time, the employee may terminate the labor contract at any time and immediately require the company to pay the employee's arrears of wages and 25% of the arrears of wages as economic compensation.

Workers should pay attention to the following in the protection of their rights against wage arrears

1. Confirm the facts of the labor relationship with the unit, such as payroll, attendance records, and documents in the process of work;

2. After confirming the labor relationship, for the illegal behavior of the unit in arrears of wages, you can negotiate with the boss and ask the unit to pay back wages;

3. If the negotiation fails, bring the relevant materials to the labor bureau to complain, or directly go to the labor arbitration commission where the unit is located to file labor arbitration;

4. If the amount of arrears of wages is relatively large, you can directly ask a lawyer to file a lawsuit and recover the arrears of wages through litigation.

Article 77 of the Labor Law of the People's Republic of China provides that in the event of a labor dispute between an employer and an employee, the parties concerned may apply for mediation, arbitration, file a lawsuit in accordance with the law, or may settle it through negotiation. The principles of conciliation apply to both arbitration and litigation proceedings.

Legal analysis: In this case, the boss should bear your medical expenses and corresponding compensation, if the boss refuses to pay, you can directly sue the court to ask the boss to pay. The specific items and amounts can be calculated according to your actual situation.

Legal basis: Labor Law of the People's Republic of China Article 77 In the event of a labor dispute between an employer and an employee, the parties concerned may apply for mediation, arbitration, file a lawsuit, or resolve it through negotiation in accordance with the law. The principles of conciliation apply to both arbitration and litigation proceedings.

Legal Analysis: In this case, the boss should bear your medical expenses and corresponding compensation, and if the boss refuses to pay, you can directly sue the court to ask the boss to pay. The specific items and amounts can be calculated according to your actual situation.

Legal basis: Labor Law of the People's Republic of China Article 77 In the event of a labor dispute between an employer and an employee, the parties may apply for mediation, arbitration, file a lawsuit for disturbance and litigation, or resolve it through negotiation. The principle of conciliation applies to deferred arbitration and litigation proceedings.