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Please allow you to analyze this question slowly. The first thing to tell you is that because there is no employment relationship between the parties, it cannot be counted as a work-related injury. An employment relationship is established between the parties, and the provisions of the Civil Code are applied instead of the regulations on work-related injury insurance.
To clarify the responsibilities, the first thing to look at is what is the relationship between your husband and the three people you are carrying.
The first case: three people are under the jurisdiction of your husband, and your husband gets paid by his friend**, and then your husband pays the three people. In this case, it means that your husband is an employer and three people are employed by your husband.
If this is the case, the responsibility lies with your husband. The items of compensation include: medical expenses, nursing expenses, living expenses, disability compensation, disability assistive device expenses, if you lose the ability to work, there are elderly people and children (under 18 years old) in the family, and living expenses for dependents.
The amount is significant.
The second case: the three people are not under the jurisdiction of your husband, and your husband and all three of them are paid by your friends. In this case, your husband and all three of them are employed by your friend, who is the employer, and if there is an accident, your friend will be responsible.
In a word, whether the boss of the three people is your husband or your friend, whoever is their boss will be held responsible. The criterion for judging who is the boss is who can directly direct them and who can directly pay them.
Hope it helps.
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It should be borne by the company.
However, the company does not assume all of it, but bears more than one part.
That's how our company is.
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Specific analysis of the specific situation:
1. The injured worker should be compensated by your husband's friend.
2. If your husband's friend does not pay the compensation, the court should order your husband to pay the worker first.
Then your husband will go to your husband's friend to apply for compensation.
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1. Medical expenses, including drug expenses and surgical expenses caused by work-related injuries;
2. The standard of food subsidy and compensation shall be determined according to the local living standard;
3. Transportation, accommodation and food expenses;
4. Expenses, including hospitalization expenses and drug medical expenses in the later stage;
5. The wages and benefits during the work-related injury period remain unchanged, but not more than two years;
6. For living care expenses, work-related injury insurance benefits shall be paid according to the three standards of living part of the inability to take care of oneself, most of the inability to take care of oneself and complete inability to take care of oneself;
7. Expenses for disability assistive devices, such as wheelchairs, prostheses, etc., which require corresponding assistive devices due to disability caused by work-related injuries;
8. Disability allowance;
9. Funeral subsidy.
The Regulations on Work-related Injury Insurance stipulate that the standards of work-related injury compensation include: 1. Compensation for general injuries caused (not reaching disability), medical expenses, food subsidies for the injured during hospitalization, living care expenses, wages during work-related injuries, and transportation and accommodation expenses. 2. Compensation for disability, medical expenses, food allowance during hospitalization, living care expenses, wages during work-related injuries, transportation and lodging expenses, assistive device expenses, one-time disability subsidy, disability allowance, one-time medical subsidy for work-related injury, and one-time disability employment subsidy.
3. Compensation for death, funeral subsidy, one-time subsidy, and pension for dependent relatives. 4. In the case of unknown employees, the compensation items for employees who are missing when they go out or in emergency rescue and disaster relief should be determined according to different circumstances. If the employee has not been declared dead, the compensation items that his or her immediate family members can receive are:
50% of the pension for dependent relatives and a one-time work-related death allowance (if there is a hardship in living); If an employee is declared dead, his immediate family members can receive the following compensation items: funeral expenses, pensions for dependent relatives, and one-time work-related death subsidies.
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Hello, how to compensate for work-related injuries? That's to be found. One. What is insight? Three games and five seats. What level of work-related injury is it? Which episode will be compensated?
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1. Look at the legal relationship first, if your father is not a labor relationship, he cannot be recognized as a work-related injury, and can only be injured by participating workers, so that your relatives and the site boss come out to talk together, and if your father is negligent in the middle, he will bear part of the responsibility.
2. Your father is an employment relationship, first identify the labor relationship, then determine the work-related injury, and finally take the work-related injury according to the standard, but it is difficult for your father to prove that he has an employment relationship.
3. If your father is also a contracting partner, then it is likely that you will be responsible for yourself.
4. There is not necessarily a level 8 in appraisal, you can consult a special appraisal agency, solution: 1. Public, sue to the court, sue the intermediate relatives and bosses, who asserts who will provide evidence, you need to provide evidence.
2. Privately, everyone comes out to talk, but no matter what way it is estimated that it will not meet your expectations of 200,000, you must be psychologically prepared.
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If the disability level is appraised, the result of the disability level appraisal shall prevail, and only the result of the appraisal can be used as the basis for compensation. If it is a work-related injury, it is also necessary to apply for a work-related injury determination, and after it is determined to be a work-related injury, the employer may be required to compensate in accordance with the work-related injury insurance regulations. The scope of compensation includes medical treatment, one-time disability allowance, hospital meal subsidy, assistive devices, original salary and benefits during the medical treatment period, living care expenses, etc.
Compensation shall be made with reference to Articles 33, 34, 35, 36, 37, 38, 39 and 40 of the Regulations on Work-related Injury Insurance.
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Compensation is made in accordance with the workers' compensation standard.
However, it should first be recognized as a work-related injury.
Guangzhou, you can consult me qq in detail.
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If it is a work-related injury, it may apply for a work-related injury determination, and after it is determined to be a work-related injury, the employer may be required to compensate in accordance with the work-related injury insurance regulations. If an employee dies on the job, his immediate family members shall receive funeral allowances, pensions for dependent relatives and one-time work-related death subsidies from work-related injury insurance** in accordance with the following provisions:
1. The funeral subsidy is 6 months of the average monthly wage of employees in the overall area in the previous year;
2. The pension for dependent relatives shall be paid to the relatives who provided the main living allowance and were unable to work according to a certain proportion of the employee's own salary. The standard is: 40 per month for spouses, 30 per month for each other relative, and 10 per month for each elderly or orphan who is lonely or orphaned.
The sum of the approved pensions for dependent relatives shall not be higher than the wages of the employee who died in the course of work. The specific scope of support for relatives shall be prescribed by the labor and social security administrative department;
3. The standard of one-time work-related death subsidy is the average monthly wage of employees in the overall area of 48 months to 60 months in the previous year. The specific standards shall be reported to the people of provinces, autonomous regions and municipalities directly under the Central Government for the record in accordance with the provisions of the local economic and social development conditions.
4. If a disabled employee dies due to a work-related injury during the period of suspension of work with pay, his or her immediate family members shall enjoy the benefits provided for in the first paragraph of this article.
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It has constituted a work-related injury. Treatment plan: The key is to see whether you have purchased social insurance, if you have not purchased social insurance, it is best to reach a one-time compensation with your family.
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