Is there any compensation for work related injuries caused by temporary workers?

Although the employee is a temporary worker and has signed a Temporary Worker Agreement with the company, according to the provisions of the Labor Law, after the implementation of the labor contract system, the distinction between regular and temporary workers has essentially disappeared, and the worker shall enjoy the same treatment as regular employees and equal pay for equal work with regular employees.

As an employee of the employer, a worker shall have the right to request the employer to grant him work-related injury benefits if he or she suffers a personal injury during a business trip that qualifies as a work-related injury.

If the employer fails to pay social labor insurance for the employee and fails to report the work-related injury for the employee in a timely manner, the work-related injury benefits that could have been paid by the work-related injury insurance** should be borne by the employer itself.

In addition, there is a time limit for reporting work-related injuries. In most cases, the employer makes the declaration, so the prescribed declaration time is within 30 days from the date of occurrence of the work-related injury; In case of special circumstances, if the injured employee or his or her immediate family members declare the work-related injury, the time limit for the work-related injury declaration is one year from the date of the work-related injury. The time limit for reporting work-related injuries is different for different entities.

Please note this.

Since the implementation of the Labor Law, there is no distinction between regular and temporary workers, and they are all employees under the labor contract system, and they enjoy equal rights only when the contract period is different. The so-called "temporary workers" who are injured at work enjoy the same treatment as "regular workers".

General Office of the Ministry of Labor.

Reply to the "Request for Instructions on Temporary Workers, etc.".

Lao Ban Fa 1996 No. 238.

Chongqing Municipal Labor Bureau:

Your bureau's "Instructions on Temporary Workers and Other Issues" (Yu Lao Fa 1996 No. 51) has been received. After study, the reply is as follows:

1. On the question of whether to retain the reference to "temporary workers". After the implementation of the Labor Law, all employers and employees will fully implement the labor contract system.

The rights enjoyed by such employees in the employer are equal. As a result, the term "part-time worker" in the past as opposed to a regular worker no longer exists. If an employer hires employees in temporary positions, it shall sign a labor contract with the employee and establish various social insurance schemes for the employee in accordance with the law, so that he or she can enjoy relevant benefits, but the term of the labor contract may be different.

Legal analysis: In China's law, there is no distinction between temporary workers and regular workers in terms of work-related injuries, and as long as labor is paid, it is an employment relationship. First of all, you need to determine his work injury level, and it is not something you should give if he wants a few months of living expenses.

After the completion injury level is determined, the work-related injury compensation shall be made in accordance with the "Work-related Injury Insurance Regulations".

Legal basis: "The People's Republic of China Work-related Injury Insurance Article" Article 30 Employees who are injured in accidents or suffer from occupational diseases due to work shall enjoy 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.

Temporary workers are generally employed by the employer and are not eligible for workers' compensation. However, if a temporary worker establishes an employment relationship with the employer, and the employer pays the work-related injury insurance premiums for him/her, he or she may receive work-related injury compensation after the work-related injury determination and labor ability appraisal. If the employer fails to pay the work-related injury insurance premiums, the employer shall pay all the work-related injury compensation.

1. It is not possible to determine whether work-related injuries can claim work-related injury compensation.

If a work-related injury cannot be determined, work-related injury compensation cannot be claimed, and work-related injury compensation requires that the person concerned be recognized as a work-related injury in accordance with the law. Employees shall participate in work-related injury insurance, and the employer shall pay work-related injury insurance premiums, and employees shall not pay work-related injury insurance premiums. If an employee is injured in an accident or suffers from an occupational disease due to work-related reasons, and the work-related injury is recognized, he or she shall enjoy work-related injury insurance benefits.

2. What should I do if the new employee has not paid the insurance and has not rested for the work-related injury.

If a work-related injury occurs without paying insurance, the employer shall bear all the liability for work-related injury compensation. They may apply for a work-related injury determination and enjoy work-related injury benefits in accordance with law. If an employer is required to participate in work-related injury insurance in accordance with the provisions of these Regulations but fails to do so, the social insurance administrative department shall order it to participate within a time limit, pay back the work-related injury insurance premiums that should be paid, and impose a late fee of 5/10,000 per day from the date of non-payment; If the payment is still not made within the time limit, a fine of not less than 1 time but not more than 3 times the amount of the outstanding payment shall be imposed.

3. How to deal with work-related injuries.

You can deal with a work-related injury with the following steps:

1. Application for work-related injury identification: Human Resources and Social Security Bureau.

2. Apply for labor ability appraisal: Municipal Labor Ability Appraisal Committee. The standard of compensation can only be determined by determining the specific level.

3. The employer has paid work-related injury insurance and applied to the Human Resources and Social Security Bureau for work-related injury benefits paid by work-related injury insurance**; At the same time, the employer is required to pay the rest of the workers' compensation. If the employer fails to pay, the employer shall pay in full.

4. If the employer refuses to pay, the employee may apply to the Labor Dispute Arbitration Commission for labor arbitration.

Article 36 of the Social Insurance Law of the People's Republic of China.

If an employee is injured in an accident or suffers from an occupational disease due to work-related reasons, and the work-related injury is recognized, he or she shall enjoy work-related injury insurance benefits. Among them, those who have lost their ability to work after being assessed as rotten in their ability to work enjoy disability benefits.

The determination of work-related injuries and the evaluation of labor ability shall be simple and convenient.

Temporary workers who suffer work-related injuries are eligible for workers' compensation.

1. There is no such thing as a temporary worker for work-related injuries, as long as there is an employment relationship with the employer and the injury is in line with the situation.

Clause. Ten. 4. If the provisions of Article 15 (and there are no circumstances specified in Article 16), regardless of whether or not a labor contract is signed and social insurance is paid, it shall be recognized as a work-related injury and compensation shall be obtained according to the work-related injury benefits.

2. According to the provisions of Article 17, the first thing to apply for work-related injury recognition is to the local labor department, which is the premise of all problems, without applying for work-related injury identification, it is impossible to obtain compensation through work-related injury, if the unit does not apply, the individual employee must apply within one year from the date of injury;

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 labor relationship, such as salary cards, pay slips, time cards, temporary residence permits and all other materials that can prove the labor 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, you can apply for labor ability appraisal to identify the work-related injury level after the injury is stable, and then claim disability compensation from the employer in accordance with the law;

5. If the employer does not fulfill the above obligations, the injured employee can go to the local complaint or directly go to the labor arbitration commission to apply for arbitration to protect his legitimate rights and interests, and if there is anything he does not understand, he can directly call 12333 to consult the local labor department. Compensation for Temporary Workers' Work-related Injuries Compensation for Temporary Workers' Work-related Injuries shall also be paid by the employer in accordance with the provisions of the Work-related Injury Insurance or the Regulations, medical expenses, lost wages, hospital meals, transportation expenses, disability subsidies, etc., and the legal basis is as follows: Article 38 of the Regulations on Work-related Injury Insurance shall pay the following expenses incurred due to work-related injuries in accordance with national regulations

1) Medical expenses and expenses for work-related injuries;

2) Hospitalization food supplements;

3) Transportation and accommodation expenses for medical treatment outside the overall planning area;

4) The cost of installing and configuring assistive devices for the disabled;

5) For those who are unable to take care of themselves, the living care expenses confirmed by the Labor Ability Appraisal Committee;

6) A one-time disability allowance and a monthly disability allowance for employees with disabilities of grades 1 to 4;

7) A one-time medical subsidy to be enjoyed when the labor inspection contract is terminated or dissolved;

8) In the event of a work-related death, the funeral allowance, the pension for dependent relatives and the work-related death allowance received by the surviving family members;

9) Labor ability appraisal fee. Article 39 The following expenses incurred as a result of work-related injuries shall be paid by the employer in accordance with the provisions of the state:

1) Wages and benefits during the work-related injury;

2) The monthly disability allowance received by the disabled employees of the fifth and sixth grades;

3) A one-time disability employment subsidy that shall be enjoyed when the labor contract is terminated or dissolved. Temporary workers who suffer work-related injuries are entitled to work-related injury compensation and can receive the same work-related injury benefits as regular employees.

Temporary workers are compensated for work-related injuries, although the working hours of temporary workers are different from regular workers, but they are also protected by labor laws and regulations.

[Legal basis].Article 33 of the Regulations on Work-related Injury Insurance.

If an employee is injured in an accident due to work, or suffers from an occupational disease and needs to suspend work to receive medical treatment for work-related injuries, the original salary and benefits shall remain unchanged during the period of suspension with pay, 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, the shed infiltration may be appropriately extended upon confirmation by the labor ability appraisal committee of the city divided into districts, but the extension shall not exceed 12 months. After the work-related injury is assessed, the original benefits shall be suspended and the disability benefits shall be enjoyed in accordance with the relevant provisions of this Chapter.

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 with pay, the unit to which he or she belongs shall be responsible for carrying the register.

Legal Analysis: Temporary workers are injured and hired companies are required to compensate for medical expenses.

Legal basis: Social Insurance Law of the People's Republic of China

Article 38 The following expenses incurred due to work-related injuries shall be paid from work-related injury insurance** in accordance with the provisions of the State:

1) Medical expenses and expenses for work-related injuries;

2) Hospitalization meal subsidy;

3) Transportation and accommodation expenses for medical treatment outside the overall planning area;

4) The cost of installing and configuring assistive devices for the disabled;

5) For those who are unable to take care of themselves, the living care expenses confirmed by the Labor Ability Appraisal Committee;

6) A one-time disability allowance and a monthly disability allowance for employees with disabilities of grades 1 to 4;

7) A one-time subsidy for medical treatment when the labor contract is terminated or dissolved;

8) In the event of a work-related death, the funeral allowance, the pension for dependent relatives and the work-related death allowance received by the surviving family members;

9) Labor ability appraisal fee.

Article 39 The following expenses incurred as a result of work-related injuries shall be paid by the employer in accordance with the provisions of the State:

1) Wages and benefits during the work-related injury;

2) The monthly disability allowance received by the disabled employees of the fifth and sixth grades;

3) When the labor contract is terminated or dissolved, the employee shall enjoy a one-time Hongfeng sedan disability employment subsidy.

Article 41 Where an employee's employer fails to pay work-related injury insurance premiums in accordance with law, and a work-related injury accident occurs, the employer shall pay work-related injury insurance benefits. If the employer does not pay, it shall be paid in advance from the work-related injury insurance**.

The work-related injury insurance benefits paid in advance from the work-related injury insurance** shall be reimbursed by the employer. If the employer fails to repay, the social insurance agency may recover compensation in accordance with the provisions of Article 63 of this Law.

Compensatory is possible. 1. There is no such thing as a temporary worker for work-related injuries, as long as there is an "employment relationship" with the employer and the injury is in accordance with Article 1 of the Regulations on Work-related Injury Insurance.

Ten. 4. In the case of the provisions of Article 15 (and there are no circumstances specified in Article 16), regardless of whether or not the employee signs a labor contract and pays social insurance, it shall be recognized as a work-related injury and shall be compensated according to the work-related injury treatment; 2. According to the provisions of Article 17 of the Regulations on Work-related Injury Insurance, the first thing to apply for work-related injury recognition is to the local labor department, 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 a labor relationship with the employer, and pay attention to collecting relevant evidence that can prove the relationship between labor and hardship, such as salary card, pay slip, attendance and filial piety card, temporary residence permit and all other materials that can prove the labor 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 stable, you can apply for a labor ability appraisal to identify the work-related injury level, and then claim disability compensation from the employer according to the disability level; 5. If the employer fails to perform the above obligations, the injured employee may file a complaint locally or directly apply for arbitration to the labor arbitration commission to protect his or her legitimate rights and interests.