How to compensate for being fired from the factory during the work injury

If the dismissal is illegal, two months' wages will be compensated for each year of work, and the relevant expenses of the work-related injury may be required to be borne by the unit. Article 42 of the Labor Contract Law provides that an employer shall not terminate a labor contract in accordance with Articles 40 and 41 of this Law if an employee falls under any of the following circumstances: (1) the worker who is engaged in work that is exposed to occupational disease hazards has not undergone a pre-departure occupational health examination, or is suspected of being a patient with an occupational disease during the period of diagnosis or medical observation; (2) Suffering from an occupational disease or being injured at work in the unit and confirmed to have lost or partially lost the ability to work; (3) Illness or non-work-related injury, within the prescribed period of medical treatment; (4) Female employees are pregnant, giving birth, or breastfeeding; (5) Those who have worked in the unit for 15 consecutive years and are less than five years away from the statutory retirement age; (6) Other circumstances provided for by laws and administrative regulations.

First of all, you need to gather facts to prove that you work for the company, and secondly, immediately apply to the local labor bureau for a work-related injury determination. Then ask the unit for compensation. The Labor Contract Law stipulates that if an employer terminates an employment relationship in violation of the law, it must pay double the compensation as compensation.

Hello, this situation violates the labor contract law, and the employer can be required to give compensation for double wages.

Legal analysis: If the employee is dismissed by the company due to work-related injury, the company shall pay double compensation, and the economic compensation shall be paid to the employee according to the number of years the employee has worked in the unit and the standard of one month's salary for each full year. where it is more than six months but less than one year, it is calculated as one year; If it is less than six months, the worker shall be paid half a month's salary.

If the monthly wage of a worker is three times higher than the average monthly wage of the employee in the previous year announced by the people of the municipality directly under the Central Government or the city divided into districts where the employer is located, the standard of severance shall be paid to him at the rate of three times the average monthly wage of the employee, and the maximum period of payment of severance shall not exceed 12 years.

Legal basis: Labor Contract Law of the People's Republic of China

Article 42 An employer shall not terminate a labor contract in accordance with the provisions of Articles 40 and 41 of this Law under any of the following circumstances: (1) the worker engaged in work that is exposed to occupational disease hazards has not undergone a pre-departure occupational health examination, or is suspected of being a patient with an occupational disease during the period of diagnosis or medical observation; (2) Suffering from an occupational disease or being injured at work in the unit and confirmed to have lost or partially lost the ability to work; (3) Illness or non-work-related injury, within the prescribed period of medical treatment; (4) Female employees are pregnant, giving birth, or breastfeeding; (5) Those who have worked in the unit for 15 consecutive years and are less than five years away from the statutory retirement age; (6) Other circumstances provided for by laws and administrative regulations.

Article 47 Economic compensation shall be paid to the worker according to the number of years he or she has worked in the unit and one month's salary for each full year. where it is more than six months but less than one year, it is calculated as one year; If it is less than six months, the worker shall be paid half a month's salary. If the monthly wage of a worker is three times higher than the average monthly wage of an employee in the previous year announced by the people of the municipality directly under the Central Government or the city level divided into districts where the employer is located, the standard of economic compensation shall be paid to him at the rate of three times the average monthly salary of the employee, and the maximum period for which economic compensation shall be paid shall not exceed 12 years.

The monthly wage mentioned in this article refers to the average salary of the employee for 12 months before the termination or termination of the labor contract.

Article 87 Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the employee in accordance with twice the standard of economic compensation provided for in Article 47 of this Law.

If the employee is dismissed by the company after a work-related injury, the employee may request the employer to continue to perform the labor contract or pay double compensation. If the employer refuses, it may apply to the mediation organization for mediation; If mediation fails, it may apply to the Labor Dispute Arbitration Commission for arbitration; If the applicant is dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court.

[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, the negotiation fails, or they do not perform the dismantling and balancing 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.

If the employer terminates the labor contract in accordance with the law after the worker's work-related injury, it does not need to pay compensation, but if it meets the conditions of no-fault dismissal, it shall pay economic compensation; If the labor contract is terminated illegally, the compensation shall be double the economic compensation standard.

Labor Contract Law of the People's Republic of China

Article 48.

If an employer dissolves or terminates a labor contract in violation of the provisions of this Law, and the employee requests to continue to perform the labor contract, the employer shall continue to perform it;

If the worker does not request to continue to perform the labor contract or the labor contract can no longer be performed, the employer shall pay compensation in accordance with Article 87 of this Law.

Labor Contract Law of the People's Republic of China

Article 87.

If an employer dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the employee in accordance with twice the standard of economic compensation provided for in Article 47 of this Law.