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This company is not responsible, after all, this is not a work-related injury, if it is a work-related injury, then the company will give your family according to the work-related injury treatment, but after all, the family is mentally disturbed when working in the company, as a company, it should also pay a certain amount of condolences to reflect the company's care and love for employees.
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Answer: I think that, if you are mentally disturbed at work in the company, because of the work of things, you have to go to the hospital to see, the hospital to make a certificate, if it is the company's business, then the public package training and training and supplement, if it is their own business, then their own responsibility, people are the most reasonable, who complains is who is to complain, the company, the company has to train.
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If the mental disorder is caused by the work of the unit, of course, this requires a certificate issued by the hospital, as long as it is proved that the mental disorder is indeed the cause of the unit, the employer is responsible for compensation and compensation.
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Family, working in the company, turned out to be insane, what debt to pay? If he is in the company, there is a conflict with others, there is a conflict with his superiors and subordinates in the company, if nothing happens, he has no reason since you are insane, there is no one in the company, but this debt is issued, I am angry in the family, and I can't push such a thing to a company.
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This depends on what causes the mental disorder, and if it is caused by the company's work, it must be responsible. If it is caused by the employee's own reasons, the company has no responsibility, at most it will do its best to make humanitarian compensation!
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This can be negotiated with the boss of the company, what can be decided, and then continue to compensate, what is the specific situation? If it is a company, the company is responsible.
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I think the first thing you need to find out is what is the cause of the mental disorder, is it caused by work? This requires an authoritative medical institution to conduct an appraisal and distinguish the responsibilities before we can talk about what responsibilities we can talk about.
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It depends on whether it is directly related to the company's work. If there is a company, it will be liable for compensation for the determination of work-related injuries.
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Look at what is the reason.
If it's your own reason.
The company will not pay anything.
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It is necessary to undergo a work-related injury evaluation. It is not the responsibility of the company to divide the division.
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The situation you said was stressful at work, causing mental illness, and the company is not liable for compensation. It's just your personal feelings, and there is no psychiatric diagnosis. Even if there is a diagnosis certificate, it cannot be proved that it is only caused by the pressure of working in the company.
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You have to have factual evidence before the company is liable for compensation.
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Legal Analysis: During the course of work, he suffered from mental illness, which is an illness or a non-work-related injury. If the employee is unable to perform the original job or the work arranged by the employer after the expiration of the medical treatment period, the contract may be terminated and the employer shall pay economic compensation to the employee.
Legal basis: Article 44 of the Labor Contract Law of the People's Republic of China The labor contract shall be terminated under any of the following circumstances: (1) the labor contract expires; (2) The worker begins to enjoy basic pension insurance benefits in accordance with the law; (3) The laborer dies, or is declared dead or missing by the people's court; (4) The employer has been declared bankrupt in accordance with law; (5) The employer's business license has been revoked, it has been ordered to close down, or it has been revoked, or the employer has decided to dissolve ahead of schedule; (6) Other circumstances provided for by laws and administrative regulations.
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First of all, if the employee is in line with the medical insurance policy, the medical insurance will reimburse the expenses, and if the company does not purchase medical insurance according to law, it will have to bear this cost;
If an employee dies at the time of onset, it may constitute a work-related injury and the company needs to be liable for work-related injury compensation.
In the event that an employee falls ill and causes damage to a third party (including other employees), the Company shall not be liable for compensation in principle because it is not an act of duty.
The company has the obligation to treat the employee's illness, and shall promptly send the employee to the hospital and notify the family.
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At present, the definition of "work-related injury" in the international norm includes two aspects, namely, accident injuries caused by work and occurring in the course of work, and occupational disease injuries. Occupational diseases refer to diseases caused by exposure to dust, radioactive substances and other toxic and harmful substances in the occupational activities of workers in enterprises, institutions and individual economic organizations.
Legal basis: Regulations on Work-related Injury Insurance Article 14 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 Liang Jingzheng's workplace before or after working hours;
3) Suffering violence or other accidental injuries during working hours and in the workplace as a result of performing their duties in line with their 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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If the employee suffers from mental illness during the period of employment, if it is recognized as a work-related injury and the employer participates in the work-related injury insurance for the employee, the first injury insurance after completion of work** is mainly responsible; If the employer does not participate in work-related injury insurance for the employee, the employer shall be responsible; If it is not a work-related injury, the corresponding responsible person shall be responsible.
Article 3 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 provides that if a worker of an employer who shall participate in the overall planning of work-related injury insurance in accordance with the law suffers personal injury due to a work-related accident, and the worker or his close relatives file a lawsuit with the people's court requesting that several people be assigned to bear civil liability for compensation by hand, they shall be informed that it shall be handled in accordance with the provisions of the "Regulations on Work-related Injury Insurance". Where a third party other than the employer infringes upon a worker's personal injury, and the compensation rights holder requests that the third party bear civil liability for compensation, the people's court shall support it.
In such a situation, the employer may be required to apply for a work-related injury determination. If the work unit does not submit an application for work-related injury determination, the close relatives of the person concerned may directly submit an application for work-related injury recognition to the social insurance administrative department of the coordinating area where the work unit is located within one year from the date of the accident injury. >>>More
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