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This issue needs to be clarified in several points: first, not all injuries on the way to work are related to the work unit, and must be caused by traffic accidents and other reasons that are not the fault of the person, and if it is injured by oneself and not by others, it has nothing to do with the unit; Second, if a traffic accident occurs on the way to work that is not the main fault of the employee, it can be recognized as a work-related injury, but the premise is that the labor contract relationship with the employer has been formed and the employer has purchased work-related injury insurance for the injured employee, then the work-related injury insurance compensation can be declared. Third, if it is not covered by work-related injury insurance compensation and has not formed an employment contract relationship, then the employer is not liable.
It is advisable to analyze it on a case-by-case basis or to consult with a professional.
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If it is not an injury caused by a traffic accident with a motor vehicle on the way to work, then it is not a work-related injury, and the boss does not care, and you cannot hold him responsible, but if you work in his factory, the boss should give you corresponding compensation within the scope of his ability out of humanitarian considerations.
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When you work in a private boss's factory, the boss will generally buy insurance for the workers, and if you fall on the road, it is not the full responsibility of your father, and the insurance company has accident insurance to compensate. If the boss doesn't buy you insurance, it's a mistake on the part of the boss.
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If you buy accident insurance, you can apply for a claim, if you don't buy it, it is difficult to get compensation from the factory owner, because it is already off work and the work is over.
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In fact, you have a de facto labor relationship, and if he does not compensate you, you can go to the labor bureau to sue him.
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It depends on whether the company has helped you buy social security, and if you do, you can make a claim.
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Apply to the Labor and Social Security Bureau, bring all kinds of supporting materials, and the Labor and Social Security Bureau will arbitrate the private enterprise department.
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This accident that occurred on the way to and from work should be considered a work-related injury.
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Have you called the police to keep the case? You can seek legal aid for advice, whether public or private, there should be a reasonable explanation.
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1: You can go to the relevant labor department to see if you should pay compensation.
2: If it doesn't work, you can also find a lawyer to consult to see how to make a claim.
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Summary. A fall on the way to work is not a work injury. On the way to and from work, only traffic accidents caused by non-personal causes can be recognized as work-related injuries. As for the employee who accidentally falls, the employee shall be responsible for it.
A worker falls and breaks a bone on the way to work, is the boss responsible?
Broke a bone because of something.
Traffic accidents.
Temporary workers, after getting off work, fell and broke a bone just after getting off the tea mountain.
I fell while walking.
A fall on the way to work is not a work injury. On the way to and from work, it can only be recognized as a work-related injury if it is caused by a traffic accident that is not caused by the person's own cause. As for the employee who accidentally falls, it should be the responsibility of the employee himself.
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Legal analysis: On the issue of compensation for work-related fractures, the employee can apply to the employer for work-related injury compensation, and if the negotiation fails, he or she may apply to the labor dispute arbitration commission for labor arbitration.
Legal basis: "Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes" Article 2 This Law shall apply to the following labor disputes between employers and workers within the territory of the People's Republic of China: (1) Disputes arising from the confirmation of labor relations:
2) Disputes arising from the conclusion, performance, modification, dissolution and termination of labor contracts: (3) Disputes arising from removal, dismissal, resignation and resignation: (4) Disputes arising from loss of working time, rest and vacation, social insurance, welfare, training and labor protection:
5) Disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, etc.: (6) Other labor disputes as provided for by laws and regulations.
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I haven't worked in someone else's factory yet, but the wrestler has broken a bone, is the factory responsible?
Hello, very Liang sedan car is happy to leak the answer for you. First, as long as the labor relationship has been established, it is a work-related injury. 2. If the work-related injury insurance is not purchased, the unit shall be responsible for compensation. Hope it helps.
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If the boss does not sign an employment contract with you, then the boss will not be responsible, but you can report to the arbitration committee to deal with it, and ask the boss to take responsibility, pay medical expenses, and pay compensation according to the work-related injury.
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If it is not due to a fall at work, it has nothing to do with work, it is an accident that occurs on one's own, and it does not meet the circumstances stipulated in the regulations on work-related injury insurance that should be recognized as a work-related injury, and cannot be recognized as a work-related injury, and the employer has no statutory obligation to compensate.
Judicial basis: Regulations on Work-related Injury Insurance
Article 14 An employee shall be deemed to have suffered a work-related injury under 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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Q: Excuse me, I accidentally broke my hand when I was working in the factory last Saturday, how can I go to the boss to talk about compensation?
If you are broken by someone and can **, apply for disability level appraisal, compensation includes: medical expenses, lost work expenses, nursing expenses, transportation expenses, nutrition expenses, disability compensation, etc., in addition to asking for spiritual solace, etc., you can also apply for disability appraisal, disability compensation, the specific situation needs to see the injury, and the more serious can not be resolved through negotiation It is best to have a professional lawyer intervene.
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With regard to the issue of compensation for work-related fractures, the employee may settle the work-related injury compensation with the employer, and if the negotiation fails, the employee may apply to the labor dispute arbitration commission for labor arbitration.
1. What are the ways to deal with the boss's non-payment of wages?
The ways to deal with the boss's non-payment of wages are:
1. The worker may file a complaint with the labor inspection department where the employer is located;
2. Or may apply to the labor dispute arbitration commission where the employer is located for labor arbitration, request the termination of the labor relationship with the hotel, and require the hotel to pay arrears of wages and compensation;
3. You can apply to the court for a payment order;
4. If the worker has an IOU, he or she may also file a civil lawsuit with the people's court where the employer is located.
The law stipulates that in the event of a labor dispute between an employer and an employee, the parties concerned may apply for mediation, arbitration, file a lawsuit, or resolve it through negotiation in accordance with the law.
2. Can the branch before the cancellation still do labor arbitration?
Yes, if there is a labor dispute, you can apply for labor arbitration. Article 77 of the Labor Law provides that in the event of a labor dispute between an employer and an employee, the parties concerned may apply for mediation, arbitration, or file a lawsuit in accordance with the law, or may negotiate a settlement or suspend the decision. The principles of conciliation apply to both arbitration and litigation proceedings.
Article 79 After a labor dispute occurs, the parties may apply to the labor dispute mediation committee of the unit for mediation; If mediation fails, and one of the parties requests arbitration, it may apply to the labor dispute arbitration commission for arbitration. One of the parties may also apply directly 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.
3. What are the methods for labor disputes that exceed the statute of limitations for arbitration?
If the labor dispute exceeds the one-year limitation period for arbitration, the application to the labor arbitration commission for labor arbitration will be rejected. At this time, the employee can carefully check the starting date of calculating the labor statute of limitations, and even if the statutory limitation period for arbitration has expired, the employee can file a lawsuit against the labor dispute in court. Therefore, if an employee has a labor dispute with the employer, he or she should negotiate with the employer as soon as possible, and if the negotiation fails, he or she needs to apply for labor arbitration within the one-year arbitration statute of limitations.
Article 2 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes This Law shall apply to the following labor disputes between employers and employees within the territory of the People's Republic of China: (1) Disputes arising from the confirmation of labor relations: (2) Disputes arising from the conclusion, performance, modification, dissolution and termination of labor contracts
3) Disputes arising from removal, dismissal, resignation, or resignation: (4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training, and labor protection: (5) Disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, etc.:
6) Other labor disputes as stipulated by laws and regulations.
1.Based on the circumstances described, it is estimated that it is difficult to identify a work-related injury. Whether it can be recognized as a work-related injury depends on whether the employee is primarily responsible for the accident, and if he is primarily responsible, it cannot be recognized as a work-related injury. >>>More
Injuries caused by falls on the way to and from work are generally not considered work-related injuries, and only those who are injured in traffic accidents or accidents involving urban rail transit, passenger ferries, or trains for which they are not primarily responsible will be recognized as work-related injuries on the way to and from work. >>>More
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It should be a work-related injury.
I have taken a look at the "Regulations on Work-related Injury Insurance" and the "Measures for the Determination of Work-related Injuries", and I have a full set of measures for what to do. Just follow the instructions above. It is necessary to go through the identification of work-related injuries, the identification of disability, and finally the compensation according to the level of disability. >>>More
Yours is an LCD, there is no big problem, just turn off the power for a while.