Is it legal for a company to require me to clock in every day after a month of work related injury?

If an employee is injured at work or suffers from an occupational disease and needs to stop working to accept it, he or she is not required to clock in every day and actively protect his or her rights.

Legal analysis

According to the insurance regulations on the period of work-related injury, Article 33 of which has specific provisions on the medical period, that is, if 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 injury, the original salary and benefits shall remain unchanged during the period of suspension of work and salary. Since you need to suspend work for medical treatment, you don't need to clock in every day, and you can file a complaint with the Labor Bureau.

Expansion: If the insured employee is injured in an accident or suffers from an occupational disease due to work, priority will be given to the medical institution that has signed the service agreement for medical treatment, so as to facilitate subsequent reimbursement matters. It should be noted that in the case of work-related injury, if the disease is not caused by the work-related injury at the same time, the work-related injury insurance will not be reimbursed.

The examination fees, medical expenses, and other expenses required for these work-related injuries that meet the work-related injury insurance drug list, work-related injury insurance diagnosis and treatment item catalog, work-related injury insurance hospitalization service standards, and work-related injury expenses can be reimbursed. If you have any other questions, you can consult your local work-related injury insurance agency. The medical expenses incurred due to the work-related injury part can be reimbursed regardless of before or after retirement if they meet the provisions of the "Regulations on Work-related Injury Insurance".

Legal basis

Article 33 of the Regulations of the People's Republic of China on Work-related Injury Insurance Article 33 Where an employee suffers from an accident or suffers from an occupational disease due to work and needs to suspend work to receive medical treatment for work-related injury, the original salary and benefits shall remain unchanged during the period of suspension of work and salary, and shall be paid by the employer on a monthly basis. The period of leave without pay is generally not more than 12 months. If the injury is serious or the circumstances are special, it may be appropriately extended upon confirmation by the labor ability appraisal committee at the districted city level, but the extension shall not exceed 12 months.

If the injured employee still needs to be ** after the expiration of the period of suspension of work with pay, he or she shall continue to enjoy the medical treatment of work-related injury.

If an injured employee who is unable to take care of himself needs nursing care during the period of suspension of work with pay, the unit to which he or she belongs shall be responsible.

Article 31 Where an administrative reconsideration or administrative lawsuit occurs after the social insurance administrative department makes a decision to determine that it is 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 62 Where an employee of an employer who is required to participate in work-related injury insurance in accordance with the provisions of these Regulations but does not participate in work-related injury insurance suffers a work-related injury, the employer shall pay the expenses in accordance with the work-related injury insurance benefits and standards stipulated in these Regulations.

During the work-related injury period, as long as you are not hospitalized or can continue to perform your duties, you can clock in every day, and during the work-related injury medical treatment, in addition to enjoying medical treatment, other situations require work-related injury identification to see whether you need to be hospitalized or lose the ability to work.

The company has company rules, as long as you don't have a leg injury, it doesn't matter if you punch in, you can be clear that you are recuperating from your injury and not running around. If you have a leg injury and can't move, the company can't ask you to punch in every day, depending on the injury, the people in the company are also flesh and blood, and they won't be so harsh.

If you have been discharged from the hospital and have easy to move, you should need to go to the company to punch in, after all, the company pays you a salary during this period, if you are not easy to move, you can apply for no need to punch in, after all, the injury has not yet recovered, and it is already good not to ask the company to send someone to take care of it.

Each company has its own rules, and as long as it doesn't violate labor laws, you should go to clock in every day if you don't have inconvenient movements.

Work injury for one month. Is it legal for the company to require you to clock in every day? It's legal to do so. Even though you have a work injury, you still have to punch in. You don't punch in, prove you. Don't go to work?

Whether it is legal or not depends on whether you can clearly read what is written on it when you sign the contract at that time, whether it is beneficial to you, generally everything in the factory is said by the factory owner.

You can first call ** to the labor department for consultation, and if not, you can directly labor arbitration.

Employees who are injured in an accident due to suspected work pickpocketing shall be treated as a work-related injury and shall enjoy the treatment of work-related injury. Since you have suffered a work-related injury, you should be at home at ease**Work-related injury, the company requires you to punch in, you can completely refuse. According to Article 33 of the Regulations on Work-related Injury Insurance, during the period of work-related injury, the first person in the world can enjoy the suspension of work and the number of salary retention benefits during the period of suspension of work due to work-related injury.

During the period of suspension of work and salary, the original salary and benefits remain unchanged. The period of leave without pay is generally 12 months. You can feel at home with a work-related injury and go to work without pay.

If you still can't negotiate with your employer, you have no choice but to report the matter to the local labor inspection department. There are regulations on work-related injury insurance.

During the period of applying for work-related injury recognition, it is not allowed to go to the company to clock in. Work-related injury appraisal is generally done when the employee's injury condition is stabilized, and the work will not affect the body during the work-related injury determination.

Measures for dealing with work-related injuries after the time for identification of work-related injuries has passed:

If the employer fails to apply within 30 days of the accident, the employee and Paikuan's family members shall first determine the work-related injury, then evaluate the disability, and then claim compensation within one year after the accident. If there is a dispute, complain to the labor inspection department or apply for labor arbitration. If the time for work-related injury determination has passed, if it is caused by the following reasons that do not belong to the employee or his close relatives, he or she can apply to the overall regional human resources and social security bureau for work-related injury determination; If the Bureau does not accept it, it can file a civil lawsuit for relief

1. Force majeure;

2. Personal freedom is restricted;

3. It is the reason of the employer;

4. The registration system of the social insurance administrative department is not perfect;

5. The parties apply for arbitration and file a civil lawsuit on whether there is a labor relationship.

If the statute of limitations for the determination of work-related injury is exceeded due to the employee's or his close relatives' own reasons, the work-related injury cannot be recognized and the company can negotiate with the company to compensate for the personal injury.

Legal basisArticle 17 of the Regulations of the People's Republic of China on Work-related Injury Insurance.

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 or she belongs shall, within 30 days from the date of occurrence of the accident 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.

Accidental injury to a worker during working hours is a work-related injury caused by violence or other accidental injuries due to the performance of work duties. The employer 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.