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This situation is considered a work-related injury if the employee is at work. Whether it is resting, on the way to work and on the way to and from work, it is a work-related injury. Therefore, although you have a lunch break in this case, but the injury is also a work-related injury, if the circumstances are serious, you can go to the appraisal and then claim compensation.
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An injury sustained during working hours should be considered a work-related injury, and your situation should also be considered a work-related injury. It's just that if you are injured while you are resting and not at work, if the circumstances are serious, you can go for an appraisal and then claim compensation.
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If you rest in a place where you are not allowed to stay, or if you stay in a dangerous place without permission, then you will bear the consequences, and if you are injured due to the construction site in a place where you can stay, then the construction site will be responsible.
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In my opinion, this problem is that you accidentally bumped when you eat at noon, it does not belong to the eight hours of work, if you work within eight hours, including the time to eat, that is the industrial and commercial processing, if there is a break time at noon, then you negotiate with the boss, depending on the boss's meaning, over.
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Treat it as if it were a work-related injury. Find witnesses, proof of work on the construction site, hospital diagnosis** bills, find the local **Social Security Bureau, or call **Mayor**12345
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Legal Analysis: Injuries sustained by employees outside the course of work belong to the category of work-related injuries, and can be handled according to the work-related injury process and claimed compensation. Employees need to be dealt with according to the Sakurafushi injury process:
1. Timely delivery to the hospital**. 2. To apply for recognition of work-related injury, the unit or individual shall apply to the local labor department for recognition of work-related injury. 3. Apply for labor ability appraisal, and apply to the municipal labor ability appraisal committee for work-related injury appraisal after the employee has completed or reached a certain medical treatment period to determine the disability level.
4. For treatment review, the employee or unit shall apply for treatment review to the social security center according to the hospital's ** invoice, work-related injury certificate, labor ability appraisal certificate, etc., and issue work-related injuries to be argued, including medical expenses and disability subsidies. 5. If the employee needs to terminate the labor relationship, the disabled employee can enjoy the treatment of one-time employment subsidy and one-time medical subsidy.
Legal basis: Article 73 of the Labor Law of the People's Republic of China Workers shall enjoy social insurance benefits in accordance with the law under the following circumstances: (1) retirement; (2) Illness or injury; (3) Suffering from work-related disability or occupational disease; (4) unemployment; (5) Childbirth.
After the death of a worker, his surviving family members are entitled to survivors' allowances in accordance with the law.
The conditions and standards for workers to enjoy social insurance benefits shall be prescribed by laws and regulations.
Social insurance contributions must be paid in full and on time.
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Summary. Article 14 of the Regulations on Work-related Injury Insurance An employee shall be deemed to have suffered a work-related injury under 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) Suffering violence or other accidental injuries during working hours and in the workplace as a result of performing work duties; (4) Suffering from an occupational disease; (5) During the period when they are away for work, they are injured due to work reasons or their whereabouts are unknown in an accident; (6) Being 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.
Is half-day work on the construction site considered a work injury?
Hello, glad to answer for you! <>
If you are injured after a day of work on the construction site, you can claim work-related injury compensation, if the company has work-related injury insurance, it will be paid by the work-related injury insurance, and if the company is not insured, you can negotiate compensation with the company. If there is no labor contract, the labor relationship must be confirmed by labor arbitration, and then apply for a recognition of work-related injury.
As long as it is a normal labor relationship. Injuries sustained on the job are considered work-related injuries.
Article 14 of the Regulations on Work-related Injury Insurance An employee shall be deemed to have suffered a work-related injury under any of the following circumstances: (1) he or she is injured in an accident due to work-related reasons during working hours and in the workplace; (2) Being injured in an accident while engaging in preparatory or finishing work related to the work in the workplace before or after working hours; (3) Suffering violence or other accidental injuries during working hours and in the workplace as a result of performing work duties; (4) Suffering from an occupational disease; (5) During the period when they are away for work, they are injured due to work reasons or their whereabouts are unknown in an accident; (6) Injured in a traffic accident for which they are not primarily responsible, or by an urban rail transit accident, passenger ferry, or train accident on the way to and from work; (7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.
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Injuries sustained while working on a construction site can be claimed in the following ways:
1. In this case, it is generally a work-related injury;
2. You can apply for recognition of work-related injuries;
3. After the work-related injury is identified, if the disability is constituted, the disability level can also be assessed;
4. After the disability level is released, you can apply to the arbitration commission for an award and ask the employer to pay compensation.
What is the process for determining a work-related injury?
The process of determining work-related injuries is generally as follows:
1. Application for registration of work-related injuries;
2. Work-related injury audit. The administrative department of labor and social security shall review the materials submitted by the applicant and make a decision on whether to accept them;
3. Acceptance of work-related injuries;
4. Investigation and verification of work-related injuries. If there is any doubt about the materials submitted by the applicant as needed, investigation and verification will be conducted;
5. Administrative decisions.
Legal basis: Article 14 of the Regulations on Work-related Injury Insurance.
In any of the following circumstances, it shall be found to be a work-related injury:
1) Being injured in an accident due to work reasons during working hours and in the workplace;
(2) Being injured in an accident while engaging in work-related preparatory or finishing work in the workplace before or after working hours;
(3) Suffering violence or other accidental injuries during working hours and in the workplace as a result of performing work duties;
(4) Suffering from an occupational disease;
(5) During the period when they are away for work, they are injured due to work reasons or their whereabouts are unknown in an accident;
(6) Being 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. Li Hui.
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Summary. 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) Suffering violence or other accidental injuries during working hours and in the workplace as a result of performing work duties;
(4) Suffering from an occupational disease;
(5) During the period when they are away for work, they are injured due to work reasons or their whereabouts are unknown in an accident;
(6) Being 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.
What if you work on the construction site and eat and then rest on the construction site, but you are accidentally bruised?
Hello, I am a cooperative lawyer of the legal platform, I am happy to serve you, I have received your questions, I will answer and reply to you after analysis.
Article 14 of the Regulations on Work-related Injury Insurance 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) Suffering violence or other accidental injuries during working hours and in the workplace as a result of performing work duties; (4) Suffering from an occupational disease; (5) During the period when they are away for work, they are injured due to work reasons or their whereabouts are unknown in an accident; (6) On the way to and from work, being injured in a traffic accident or an urban rail transit, passenger ferry, or train accident that is not the responsibility of the main party hall of the person who is not responsible for him/herself; (7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.
Hello, you are a work-related injury and you can apply for workers' compensation.
In this way, the work can be done at the time of eating, and the salary can be automatically settled, which is very convenient.
First of all, you have to report this matter to the boss, under normal circumstances, the forklift will be insured, so that the boss will negotiate with the insurance company or call the insurance company to deal with it, you had better not deal with it privately, to prevent sequelae in the future. >>>More
My husband drives at the construction site and takes a shower at the construction site during the off-duty time, so since it is off-duty time, although it is really at the construction site, it cannot be counted as a work-related injury, and of course the company also has to pay a certain amount of compensation.
Why is it that there is a work-related injury, and they don't do these things in these departments?
Hello, according to your description, the content of your question belongs to the content of the Tort Liability Law. >>>More