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Why is it that there is a work-related injury, and they don't do these things in these departments?
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Legal Analysis: Injuries on the construction site should be sought from the local Human Resources and Social Security Bureau, which is in charge of work-related injuries. In the event of an accident injury, the unit to which the employee belongs shall, within 30 days from the date of the accident injury, submit an application for recognition of work-related injury to the social insurance administrative department of the coordinating area.
If the employer fails to apply to the social security department for work-related injury under normal circumstances, the injured employee, his/her close relatives or trade union organizations may, within one year from the date of the accident, directly apply to the social insurance administrative department of the co-ordinating area where the employer is located for work-related injury determination. In summary, after being injured, if the contractor cannot compensate in full, the migrant worker may apply to the social insurance administrative department at the location of the construction project or the place where the construction unit subcontracted to the contractor is located within one year of the accident.
Legal basis: Article 17 of the Regulations on Work-related Injury Insurance stipulates that if an employee is injured in an accident, the employer shall submit an application for work-related injury recognition to the social insurance administrative department of the coordinating area within 30 days from the date of the accident injury. If the employer fails to apply to the social security department for work-related injury under normal circumstances, the injured employee, his/her close relatives or trade union organizations may, within one year from the date of the accident, directly apply to the social insurance administrative department of the co-ordinating area where the employer is located for work-related injury determination.
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If a worker is injured on the construction site, it should be classified as a work-related injury, and he or she must apply to the local labor bureau for a work-related injury determination. If the construction company does not help, the worker can issue an application on his own. After the appraisal and the level of work-related injury is clarified, the worker can enjoy work-related injury insurance benefits.
If the construction company does not compensate at this time, the worker can file a complaint with the labor supervision brigade.
Legal analysisWork-related injury appraisal process: (1) Submit an application. In the event of a work-related injury, if the employee has a disability that affects the labor force after the injury is relatively stable, or if the period of suspension of work with pay expires (including the extension period confirmed by the Labor Ability Appraisal Committee), the injured employee or his employer shall submit an application for labor ability appraisal to the Labor Ability Appraisal Committee of the city divided into districts.
2) Submit relevant materials. To apply for labor ability appraisal, the application form for labor ability appraisal shall be filled in and the following materials shall be submitted: 1. The original and copy of the work-related injury determination decision; 2. Valid diagnosis certificates, examination and inspection reports and other complete medical record materials copied or reproduced in accordance with the relevant regulations of medical record management of medical institutions; 3. The original and photocopy of the worker's resident ID card or social security card and other valid identity certificates; 4. Other materials specified by the Labor Ability Appraisal Committee.
3) Review by the Labor Ability Appraisal Committee. After receiving the application for labor ability appraisal, the Labor Ability Appraisal Committee shall review the materials submitted by the applicant; If the materials provided by the applicant are incomplete, the Labor Ability Appraisal Committee shall notify the applicant in writing of all the materials to be supplemented and corrected within 5 working days from the date of receipt of the application for labor ability appraisal. If the applicant provides complete information, the Labor Ability Appraisal Committee shall organize the appraisal in a timely manner and make a conclusion on the labor ability appraisal within 60 working days from the date of receipt of the application for labor ability appraisal.
Where the injury is complex and involves a large number of medical and health professions, the time limit for making a labor capacity appraisal conclusion may be extended by 30 days.
Legal basisRegulations on Work-related Injury Insurance 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 area. 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 close relatives 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 social insurance 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.
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Injuries sustained on the construction site are sought from the local Human Resources and Social Security Bureau, which is in charge of work-related injuries.
1. What should I do if the construction unit owes the wages of the management personnel?
The construction unit owes the wages of the management personnel: 1Workers can file a complaint with the local human resources and social security bureau for labor inspection; 2.
You can apply for arbitration at the Labor Dispute Arbitration Committee of the local Human Resources and Social Security Bureau and request payment of wages; 3.If there is an IOU, you can directly sue the court to demand payment of the amount of wages in the IOU.
2. How to protect the rights of a company in vicious wage arrears.
If the worker maliciously defaults on wages, the worker can file a complaint with the labor inspection in the local human resources and social security section of the Disability Bureau; or apply to the labor dispute arbitration committee within the local human resources and social security bureau for arbitration and demand payment of wages. The labor administrative department will order the employee to pay the labor remuneration, overtime pay or economic compensation within a time limit.
3. Are the Health Insurance Bureau and the Social Security Bureau together?
The Health Insurance Bureau and the Social Security Bureau are one unit, and both are now subordinate to the local Human Resources and Social Security Bureau. The Medical Insurance Bureau is responsible for the approval, payment, management and other daily affairs of basic medical insurance, work-related injury insurance, maternity insurance and medical expenses for retired cadres. The Social Security Bureau is an administrative agency under the Human Resources and Social Security Bureau, which is responsible for the collection and management of social insurance in the city.
Article 17 of the Regulations on Work-related Injury Insurance stipulates that if an employee is injured in an accident, the unit to which he or she belongs shall, within 30 days from the date of the accident, submit an application for work-related injury recognition to the social insurance administrative department of the coordinating area. If the employer fails to apply to the social security department for work-related injury under normal circumstances, the injured employee, his close relatives or trade union organizations may, within one year from the date of the accident injury, directly apply to the social insurance administrative department of the co-ordinating area where the employer is located to apply for work-related injury determination.
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After an injury on a construction site, one should seek attention from the social insurance administration. After a migrant worker has an accident at a construction site, according to the regulations, if an employee is injured in an accident, the unit to which he belongs shall, within 30 days from the date of the accident, submit an application for recognition of work-related injury to the social insurance administrative department of the coordinating area. Article 17 of the Regulations on Work-related Injury Insurance stipulates that if an employee is injured in an accident, the employer shall submit an application for work-related injury recognition to the social insurance administrative department of the coordinating area within 30 days from the date of the accident.
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 36 of the Social Insurance Law of the People's Republic of China provides that an employee who is injured in an accident or suffers from an occupational disease due to work-related reasons, and is recognized as a work-related injury, shall enjoy work-related injury insurance benefits; Among them, those who have lost their ability to work after the appraisal of their ability to work enjoy the treatment of injury and disability in the skin search. The determination of work-related injuries and the evaluation of labor ability shall be simple and convenient.
According to the process, the work-related injury determination is applied for first, and the compensation amount can only be finalized after waiting for the labor ability appraisal level. >>>More
In line with the provisions of the national standard "Disability Levels of Work-related Injuries and Occupational Diseases of Employees in the Appraisal of Labor Ability" GB T16180-2014 "Level 10" and "12) Those who have no functional impairment or mild functional impairment after the healing of fractures in various parts of the body" shall be assessed as Grade 10 disability. >>>More
The basic salary is generally available
If the injured boss does not compensate, he can apply for labor arbitration. If the labor dispute arbitration award has legal effect, and the employer fails to perform it, it shall apply to the people's court for enforcement.
1. If you are injured on the construction site and are injured in the workplace because of work, then you should apply for work-related injury identification, and after being identified as a work-related injury, the employee can enjoy work-related injury treatment, and during the work-related injury, the unit needs to pay the employee's salary on a monthly basis, and the wages and benefits keep the employee's salary and benefits unchanged. >>>More