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Isn't it that the injured workers do not recognize the responsibility of the NCMS? If an accident occurs while the worker is not at work, the company only needs to give sick leave benefits, and the employer that is not injured at work does not need to bear other responsibilities.
Article 14 of the Regulations on Work-related Injury Insurance 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 the workplace before or after working hours;
3) Injured by violence or other accidents during working hours and in the workplace due to the performance of work 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.
Article 15 An employee shall be deemed to have suffered a work-related injury under any of the following circumstances:
1) Died of a sudden illness during working hours and at work, or died within 48 hours after rescue efforts failed;
2) Suffering harm in emergency rescue and disaster relief or other activities to preserve national or public interests;
3) Employees who previously served in the army, were disabled due to war or duty injuries, and have obtained the certificate of revolutionary disabled soldiers, and were injured after arriving at the employer.
Where employees have any of the circumstances in items (1) or (2) of the preceding paragraph, they shall enjoy work-related injury insurance benefits in accordance with the relevant provisions of these Regulations; Employees who have the circumstances in item (3) of the preceding paragraph shall enjoy work-related injury insurance benefits other than a one-time disability subsidy in accordance with the relevant provisions of these Regulations.
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If the company pays medical insurance, it is not responsible.
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Summary. Qinqin cooperatives are not qualified to be recognized as the subject of work-related injuries. If you have a work-related injury while working in a cooperative, you should apply to the local labor and social security administrative department at or above the county level where you are located for recognition of the work-related injury.
The company does not have the qualifications to be recognized as the subject of work-related injuries. If you have a work-related injury while working in a cooperative, you should apply to the local labor and social security administrative department at or above the county level where the buried cause is located for a determination of the work-related injury.
In addition, according to China's regulations on work-related injury insurance, the identification of the subject of work-related injury preparation refers to the identification of work-related injury accidents applied for by the local labor and social security administrative department at or above the county level where the employer is located or the entrusted appraisal agency in accordance with the Regulations on Work-related Injury Insurance and other laws and regulations and the relevant documents issued by the Ministry of Human Resources and Social Security.
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Summary. Dear, I am glad to answer for you: the village collective economic cooperative is not the main body of work-related injuries.
If the employing entity belongs to the employer and has established an employment relationship with the employee, the employee may apply for a work-related injury determination when the employee suffers a work-related injury. Village collective economic cooperatives do not belong to the employer, so they are not the subject of work-related injuries.
Dear, I am glad to answer for you: the village collective economic cooperative is not the main body of work-related injuries. If the employing entity is an employer and has established a labor relationship with the employee, the employee may apply for a work-related injury determination when the employee suffers a work-related injury.
The village collective economic cooperative is not higher than the employer, so it is not the subject of work-related injuries.
Article 14 of the Regulations on Work-related Injury Insurance shall be deemed to be a work-related injury if an employee has any of the following circumstances: (1) he or she is 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 the workplace before or after working hours; 3) Injured by violence or other accidents during working hours and in the workplace due to the performance of work 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 urban rail transit, passenger ferry, or train accident for which they are not primarily responsible while commuting to or from work; 7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.
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Referring to Article 2 of the Regulations on Work-related Injury Insurance, the main scope of compensation includes medical expenses, hospitalization expenses, nursing expenses, nutrition expenses, lost work expenses, one-time disability allowances, and compensation for mental damages. Third, after the disability level is confirmed, the compensation liability is determined based on the average salary of the local employee in the previous year, as well as the age and household registration of the victim. Fourth, in personal injury cases, a lawyer can be hired, and the lawyer's fees will also be borne by the losing party in the future.
Fifth, if the negotiation fails, bring the relevant materials to the labor inspection department to defend the malpractice, or directly go to the labor arbitration commission where the unit is located to propose the specific procedures for the arbitration: 1. Go to the social security department of the local labor bureau to obtain the work-related injury identification form; 2. According to the requirements of the Labor Bureau, submit the following materials: (1) the original and copy of my ID card; (2) Proof of the existence of an employment relationship between the two parties; (3) Proof of the occurrence of the accident; (4) Medical record materials.
If the employer does not compensate according to the requirements, it shall apply for arbitration based on the above materials, and if there is no arbitration institution in the county-level city, apply for arbitration at the arbitration institution set up by the municipal labor department: it is not the same as not doing appraisal and not being able to evaluate the grade
Insurance] How to buy, which is better, teach you to avoid these insurance"pits"
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Hello, to the problem you described, the lawyer replied as follows:
First of all, apply for a work-related injury appraisal, and after confirming the disability level, it is the basis for confirming the compensation. Refer to Article 18 of the Regulations on Work-related Injury Insurance.
Second, the main scope of claims includes medical treatment for work-related injuries, one-time disability allowance, hospital meal subsidy, assistive devices, original salary and benefits during the medical treatment period, living care expenses, etc.
Third, 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.
Fourth, if the negotiation fails, bring the relevant materials to the labor inspection department to complain, or directly go to the labor arbitration commission where the unit is located to file labor arbitration. Blessing!
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Article 82 of the Labor Contract Law stipulates that if an employer fails to conclude a written labor contract with an employee for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly wage.
Work-related injury handling procedures] The "Regulations on Work-related Injury Insurance" stipulates:
1. [Determination of Work-related Injury] If an employee is injured in an accident, the unit to which he or she belongs shall submit an application for work-related injury determination to the labor and social security department within 30 days from the date of occurrence of the accident. If the employer does not submit an application for recognition of work-related injury, the injured employee, his or her immediate family members, or the trade union organization may directly apply to the labor and social security department where the employer is located for recognition of work-related injury within one year from the date of occurrence of the accident injury.
2. [Suspension of work and salary period] Employees who are injured in accidents at work need to suspend work and receive medical treatment. The period of suspension with pay for an injured employee 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.
3. [Appraisal of work-related injury] If the employee's work-related injury is relatively stable, the employer, the injured employee or his immediate family members shall apply to the labor ability appraisal committee of the city divided into districts to conduct labor ability appraisal and nursing dependence level appraisal, and provide work-related injury determination decisions and work-related medical (medical records) information of the employee.
Within 60 days from the date of receipt of the application, the Labor Ability Appraisal Committee shall make a conclusion on the appraisal of labor ability in accordance with the national standard GB T 16180-2006 for the Appraisal of the Degree of Disability Caused by Work-related Injuries and Occupational Diseases of Employees, and the conclusion of the appraisal of labor ability shall be served on the application.
The employer and the injured employee or his or her immediate family members shall be identified, and the employee shall be issued with an "Employee Disability Certificate".
4. [Work-related injury benefits] According to the level of disability, go to the local social insurance agency to receive the corresponding work-related injury insurance benefits.
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The work-related injury benefits are the same as those of the regular employees who sign the contract, and the work-related injury is counted from the date of employment, not from the date of signing the contract.
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OK. According to the Regulations on Work-related Injury Insurance, it is determined that work-related injuries are only related to the time, place and form of the accident, and have nothing to do with reimbursement from **.
If the work-related injury insurance is paid, the relevant expenses shall be paid by the work-related injury insurance, which shall be implemented in accordance with the relevant provisions of the work-related injury treatment department.
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Ten. 4. The provisions of Article 15 (and there are no circumstances specified in Article 16);
2.If the above requirements are met, even if the injury is extremely minor, it can be recognized as a work-related injury.
3.If you don't understand anything, you can call 12333 directly to consult the local labor department.
7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.
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Each local policy is different, so it is recommended to consult the local agricultural protection office directly.
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1.As long as there is an employment relationship with the employer and the injury is in accordance with Article 10 of the Regulations on Work-related Injury Insurance.
Article 4 and Article 15 stipulates that regardless of whether the labor contract is signed and social insurance is paid, compensation shall be received according to the work-related injury treatment!
2.According to Article 17 of the Regulations on Work-related Injury Insurance, the first thing to do is to apply to the local labor department for work-related injury recognition, which is the premise of all problems.
3.If the employer does not admit the existence of an employment relationship with the injured employee, it should first confirm the existence of an employment relationship with the employer, and pay attention to collecting relevant evidence that can prove the employment relationship, such as salary cards, pay slips, attendance cards, temporary residence permits, and all other materials that can prove the employment relationship. These evidentiary materials can be written evidence, witness testimony, audio evidence, physical evidence, electronic evidence, etc.
4.If the injury is determined to be work-related injury, after obtaining the work-related injury determination decision issued by the labor department, after the injury is stabilized, you can apply for a labor ability appraisal to determine the work-related injury level, and then claim disability compensation from the employer according to the disability level;
5.If the employer does not fulfill the above obligations, the injured employee can go to the local labor inspection brigade to complain or directly go to the labor arbitration commission to apply for arbitration to protect their legitimate rights and interests, if there is anything they don't understand, they can directly call 12333 to consult the local labor department!
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Hello, according to the situation you described, you need to see what is said in the work-related injury certificate, if the work-related injury is determined, then at least the migrant worker and the employer have an employment relationship before, and then it also depends on whether you terminate the labor relationship. Hope it can help you.
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Count, if it constitutes a disability level, and after the disability level is determined, you still quit your job and get all the compensation at once. If it's not enough to be disabled, you don't have to go if you don't want to.
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It should be done according to the regulations on work-related injuries, and it cannot be simply treated according to the situation you say.
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If there is an employment relationship with the original employer, the work-related injury benefits will be enjoyed after the work-related injury is determined. An employer whose level of impairment in the work ability of an injured employee is assessed as level 1 or 4 shall not terminate the labor contract relationship (i.e., if the time limit has been fixed for no reason, and the employer shall not terminate the labor contract relationship if the application has been set at level 6 without reason, the employer shall not terminate the labor contract relationship (it also belongs to the system of terminating the labor contract according to law for the employer with a time limit of 10 without reason (which is uncertain). Therefore, the injured employee is treated separately according to different categories of employment contract relationships.
After the promulgation of the Labor Contract Law, the labor relationship does not exist as a distinction between regular employees and non-regular employees, and the labor contract relationship is regulated by the Labor Contract Law, and as long as there is a labor contract relationship, the so-called employee is the so-called employee.
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