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1. If you are injured because of the interests of the company, it should be a work-related injury, and if it is a fight with each other, it will not constitute a work-related injury.
2. Since it is a work-related injury, the company should bear the liability for the work-related injury, including medical expenses, of course;
3. Now that the forensic examination is a minor injury, there are two possibilities, you can choose to settle it through civil means, that is, the two parties will negotiate to settle it, and if the negotiation fails, it will be resolved by means of civil (private prosecution) attached to the criminal case. Of course, you can also directly choose to settle the criminal case attached to the civil (private prosecution);
4. After settling the compensation dispute between you and the beater (either way), you can still be liable for the work-related injury by the company.
5. As for the issue of the 1,000 yuan, it has little to do with the handling of this case, sooner or later someone will compensate you, and the final result is the same whether you give it or not.
FYI.
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Brother, you are writing a little confusingly, the company has advanced more than 1,000 medical expenses, so the 1,000 they took is ** out of the sky? Did you advance the money yourself? What about the 1000 taken by the family members of the beaters?
Did they dig the money? Beating people has become an established fact and has entered the detention center, this is a civil dispute escalating into a criminal dispute, you are considered a work-related injury, the company has to make up wages, nutrition expenses, lost work expenses, medical expenses, and solace money, you can find the labor bureau, as long as you have a labor contract and a hospital fee voucher, you can.
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Article 236 of the Civil Procedure Law: The parties must perform on legally effective civil judgments and rulings. If one party refuses to perform, the other party may apply to the people's court for enforcement, or the adjudicator may transfer it to the enforcer for enforcement. The parties must perform the mediation document and other legal documents that shall be enforced by the people's courts.
If one party refuses to perform, the other party may apply to the people's court for enforcement. Article 252:Where the person subject to enforcement fails to perform the acts specified in a judgment, ruling, or other legal document in accordance with the enforcement notice, the people's court may enforce it or entrust a relevant unit or other person to complete it, and the person subject to enforcement is to bear the costs.
This is to determine the medical expenses according to the actual situation, not according to the percentage, the relevant provisions are as follows: Article 30 of the "Regulations on Work-related Injury Insurance" Employees who are injured in accidents or suffer from occupational diseases due to work are entitled to medical treatment for work-related injuries. Employees who are injured at work shall seek medical treatment in a medical institution that has signed a service agreement, and in case of emergency, they can first go to the nearest medical institution for first aid.
**If the expenses required for work-related injuries meet the requirements of work-related injury insurance diagnosis and treatment items, work-related injury insurance drug lists, and work-related injury insurance hospitalization service standards, they shall be paid from work-related injury insurance**. The catalogue of work-related injury insurance diagnosis and treatment items, the catalogue of work-related injury insurance drugs, and the hospitalization service standards of work-related injury insurance shall be prescribed by the social insurance administrative department in conjunction with the health administrative department, the food and drug supervision and administration department and other departments. The food subsidy for the hospitalization of the employee for the work-related injury, as well as the transportation, accommodation and accommodation expenses required for the work-related injury employee to seek medical treatment outside the co-ordination area shall be paid from the work-related injury insurance, and the specific standard of payment shall be stipulated by the people of the co-ordination area.
Injured employees are not entitled to medical treatment for work-related injuries and shall be dealt with in accordance with the basic medical insurance measures. If the work-related injury employee goes to the medical institution that has signed the service agreement to carry out the work-related injury**, if it meets the requirements, it shall be paid from the work-related injury insurance**. Article 31 Where an administrative reconsideration or administrative lawsuit occurs after the social insurance administrative department makes a decision to determine a work-related injury, the payment of medical expenses for the work-related injury shall not be stopped during the period of administrative reconsideration and administrative litigation.
Article 32 Due to the needs of daily life or employment, the injured workers can be fitted with prostheses, orthoses, artificial eyes, dentures, wheelchairs and other assistive devices after being confirmed by the Labor Ability Appraisal Committee, and the required expenses shall be paid from the work-related injury insurance in accordance with the standards stipulated by the state. Article 33 Where an employee is injured in an accident or suffers from an occupational disease at work and needs to suspend work to receive medical treatment for work-related injuries, the original wages and benefits shall remain unchanged during the period of suspension of work and salary, and shall be paid by the unit to which he belongs on a monthly basis.
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If the employer does not pay work-related injury insurance for the worker, the worker can claim other work-related injury compensation through the following methods: negotiate with the boss; apply for mediation with a mediation organization; Apply to the Labor Dispute Arbitration Commission for arbitration; If they are not satisfied with the arbitration result, they shall file a lawsuit with the people's court in a timely manner; Other.
Legal basis: Article 5 of the Law on Mediation and Arbitration of Labor Disputes.
In the event of a labor dispute, if the parties are unwilling to negotiate, fail to negotiate, or fail to perform after reaching a settlement agreement, they may apply to the mediation organization for mediation;
If the applicant is unwilling to mediate, fails to mediate, or fails to perform after reaching a mediation agreement, he or she may apply to the Labor Dispute Arbitration Commission for arbitration;
If a person is dissatisfied with an arbitral award, he or she may file a lawsuit in the people's court, except as otherwise provided by this Law.
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Reimbursement for medical expenses in a car accident is determined on a case-by-case basis. The compensation for general medical expenses shall be determined according to the amount actually incurred before the conclusion of the debate in the court of first instance.
It is determined on the basis of the receipt vouchers for medical expenses, hospitalization fees, etc., issued by medical institutions, combined with relevant evidence such as medical records and diagnosis certificates. And according to the hospital for the party's traffic accident trauma ** necessary to calculate the cost of the voucher.
Medical expenses generally include ** fees, examination fees, laboratory fees, surgery fees, diagnosis and treatment fees, hospitalization fees, medicine expenses and other medical expenses for medical treatment.
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 necessary expenses for organ function recovery training, appropriate cosmetic surgery fees, and other follow-up expenses may be sued separately after the actual occurrence. 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.
In fact, this problem is very good, you use a car to send them to a family, whether it is to learn Lei Feng or paid services, if there is a traffic accident, you must be responsible for compensating for other people's medical expenses, if you are with an operational nature, whether you are a black car accident medical expenses, it is even more necessary. If the lawsuit goes to court, you still lose. If you learn from Lei Feng and have a traffic accident, you also have to make compensation, the other party is immoral, but you have to bear a little responsibility, and good people often can't do it. >>>More
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According to China's labor law and relevant laws and regulations, the employment relationship between the employee and the factory is applicable, and the work-related injury compensation is applicable. >>>More
If you go to the disability appraisal, the higher the disability, the more compensation, as well as, mental damage, transportation expenses (you can't get out of bed), lost work expenses (your salary is paid as usual), medical expenses (he is responsible for all) surgical expenses (all he is responsible for) The premise of these is that you did not run a red light, and so on to violate traffic rules, if you run a red light and cause an accident, the driver will be compensated according to 70%, not all, I hope it can help you, I wish you a speed**.