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If you are injured at work, apply to the Human Resources and Social Security Bureau for work-related injury recognition and enjoy work-related injury benefits and work-related injury insurance regulations.
Article 14 An employee shall be deemed to have suffered a work-related injury under 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) 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.
Article 18 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.
Where the materials provided by the applicant for work-related injury determination are incomplete, the social insurance administrative department shall inform the applicant of all the materials that need to be supplemented and corrected in writing at one time. After the applicant requests to supplement and correct the materials in accordance with the written notice, the social insurance administrative department shall accept it.
Article 19 After accepting an application for recognition of work-related injury, the social insurance administrative department may, according to the needs of the examination, conduct an investigation and verification of the accident injury, and the employer, employees, trade union organizations, medical institutions and relevant departments shall provide assistance. The diagnosis of occupational diseases and the appraisal of diagnostic disputes shall be carried out in accordance with the relevant provisions of the Law on the Prevention and Treatment of Occupational Diseases. The social insurance administrative department will no longer conduct investigation and verification of those who have obtained a certificate of diagnosis of an occupational disease or an appraisal of an occupational disease in accordance with the law.
If the employee or his close relatives believe that it is a work-related injury, but the employer does not consider it to be a work-related injury, the employer shall bear the burden of proof.
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During working hours, if an injury is sustained in the workplace due to work-related reasons, it is a work-related injury and shall be entitled to work-related injury insurance benefits, and the employer may be listed as a defendant to initiate arbitration of work-related injury labor disputes.
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Through the Internet**, go to the local ** to report, and sue them through legal channels.
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Legal analysis: If a temporary worker's injury is a work-related injury, and only if the employee and the employer have an actual labor relationship in the first round, then the employee can apply for recognition of the work-related injury if he or she is injured during the work-related process. If the employer does not pay work-related injury insurance, the employer shall bear the cost of work-related injury benefits.
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) 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) 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.
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For some short-term construction projects, when there is a shortage of manpower, the contractor may hire temporary workers to help. However, if the temporary worker is accidentally injured during the construction process, because he is hired by the contractor and the employer may be involved, in order to avoid being shirked from responsibility, the temporary worker must first determine the person responsible for compensation when claiming compensation. If a temporary worker is injured while working, the person responsible for compensation can be determined according to the specific circumstances:
1. If the contractor has the corresponding qualifications or safety production conditions, he shall bear the liability for compensation for the injury of temporary workers. Because the relationship between the two parties is that of employment and employment, which is a labor relationship in law, the contractor has absolute responsibility for injuries sustained by temporary workers at work. However, in the case of an employment relationship, if a temporary worker is injured, he or she can claim compensation for personal injury instead of compensation for work-related injuries.
2. If the contractor does not have the corresponding qualifications or safety production conditions, and the employer knows or should know the situation and repents, the employer and the contractor shall be jointly and severally liable for compensation. When the employer determines the contractor, it shall review the corresponding qualifications of the other party, and if the contractor does not have the corresponding qualifications, and the contractor knows or should know about this situation, then the temporary worker is injured in the work, and the employer is at fault. Therefore, in this case, the employer should be jointly and severally liable for compensation just like the contractor, and the temporary worker can claim compensation from either party.
If the contractor or the employer explicitly refuses to compensate, or neglects to perform the obligation of compensation, the temporary worker whose rights and interests have been damaged may file a lawsuit in court.
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) 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; (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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1. If the contractor you are looking for is not qualified, you must be liable for compensation within the scope of the fault of the election; 2. If the victim suffers personal injury, the compensation obligor shall compensate for all expenses incurred due to medical treatment and the loss of income due to lost work, including medical treatment expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, and necessary nutrition expenses. If the victim is disabled due to injury, the person obligated to compensate for the necessary expenses incurred by the victim due to the increase in living needs and the loss of income caused by the loss of ability to work, including disability compensation, disability assistive devices, and living expenses of dependents, as well as the necessary expenses, nursing expenses, and follow-up expenses actually incurred due to nursing care and continuation. In the event of the death of the victim, the compensation obligor shall, in addition to compensating the relevant expenses provided for in the first paragraph of this article according to the circumstances of the rescue, also compensate for the funeral expenses, the living expenses of the dependents, the death compensation expenses, and other reasonable expenses such as transportation expenses, accommodation expenses, and loss of work incurred by the victim's relatives in handling the funeral.
3. The specific compensation items and calculation standards are described in detail in the provisions 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", and it is recommended that you check it 4. Legal basis: Article 10 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 If the contractor causes damage to a third party or causes its own damage in the process of completing the work, the contractor shall not be liable for compensation. However, if the maker is negligent in the ordering, instruction or selection, he shall bear the corresponding liability for compensation.
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