Urgent need for answers to work related injury benefits!! 20

Work-related injuries, also known as "occupational injuries" and "work-related injuries", refer to accident injuries and occupational disease injuries suffered by workers while engaging in occupational activities or activities related to professional responsibility.

According to the "Regulations on Work-related Injury Insurance" which came into force on January 1, 2004

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) Being injured in a motor vehicle accident while commuting to or from work;

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.

Article 16 In any of the following circumstances, an employee shall not be deemed to have suffered a work-related injury or be treated as a work-related injury:

1) Due to a crime or violation of the administration of public security**;

2) Drunkenness causes **;

3) Self-harm or suicide.

Article 61 The term "employees" as used in these Regulations refers to workers who have various forms of employment and various employment periods that have labor relations (including de facto labor relations) with the employer.

Although he and the construction team did not have a labor contract, they were in a labor relationship and were protected by the labor law and work-related injury insurance regulations. According to Article 60 of the Regulations on Work-related Injury Insurance, if the employer is required to participate in work-related injury insurance in accordance with the provisions of these Regulations but fails to do so, the labor and social security administrative department shall order it to make corrections; If an employee of an employer suffers a work-related injury during the period when he has not participated in work-related injury insurance, the employer shall pay the expenses in accordance with the work-related injury insurance benefits and standards stipulated in these Regulations.

Since the construction team and the Construction Bureau belong to a contractual relationship, the worker can directly find the contract issuing party to assume responsibility, that is, to find the Construction Bureau to assume responsibility. As for the disability level, it's already very clear upstairs.

You can apply to the Labor Arbitration Commission for arbitration, and you can also file a lawsuit if you are not satisfied with the arbitration.

Contact your local Work Safety Administration and Supervision Bureau.

** 114 queries.

You can do the math according to the "Regulations on Work-related Injury Insurance".

Article 35 Where an employee is identified as having a disability of Grade 7 to Grade 10 due to work-related disability, he or she shall enjoy the following benefits:

1) A one-time disability subsidy shall be paid from the work-related injury insurance** according to the level of disability, and the standard is: 12 months' salary for grade 7 disability, 10 months' salary for grade 8 disability, 8 months' salary for grade 9 disability, and 6 months' salary for grade 10 disability;

2) If the labor contract is terminated upon expiration or the employee himself or herself proposes to terminate the labor contract, the employer shall pay a one-time medical subsidy for work-related injuries and a disability employment subsidy. The specific standards shall be prescribed by the people of provinces, autonomous regions and municipalities directly under the Central Government.

1. Look at the legal relationship first, if your father is not a labor relationship, he cannot be recognized as a work-related injury, and can only be injured by participating workers, so that your relatives and the site boss come out to talk together, and if your father is negligent in the middle, he will bear part of the responsibility.

2. Your father is an employment relationship, first identify the labor relationship, then determine the work-related injury, and finally take the work-related injury according to the standard, but it is difficult for your father to prove that he has an employment relationship.

3. If your father is also a contracting partner, then it is likely that you will be responsible for yourself.

4. There is not necessarily a level 8 in appraisal, you can consult a special appraisal agency, solution: 1. Public, sue to the court, sue the intermediate relatives and bosses, who asserts who will provide evidence, you need to provide evidence.

2. Privately, everyone comes out to talk, but no matter what way it is estimated that it will not meet your expectations of 200,000, you must be psychologically prepared.

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!

If you can apply for work-related injury appraisal and disability appraisal, you can consult the local 12333 labor **** for specific practices.

The reimbursement of medical expenses is paid for work-related injuries, and the company does not have to bear it, and the food expenses incurred can be reimbursed to the company, and if you stop work and keep your salary, you can get the original salary and benefits. The specific method is to apply for work-related injury appraisal first, and after the appraisal, various compensation will be determined. For specific compensation standards, please refer to the "Work-related Injury Insurance Example".