The construction worker fell and injured his foot in the construction, how to settle the claim, plea

Both the construction party and the workers have to pay, and the workers pay 20%.

Legal analysis: First of all, it is necessary to clarify the nature of employment, whether it is an employment relationship or an employment relationship, and there are differences in the compensation procedures and amounts between the two. Secondly, if it is an employment relationship, if the negotiation fails, the lawsuit will be filed directly.

Compensation items include medical expenses, lost work expenses, nursing expenses, and nutrition expenses. Thirdly, if it is an employment relationship, it is a work-related accident. It is necessary to declare the work-related injury, conduct the work-related injury identification, and determine the disability level.

The compensation items include: medical expenses, transportation and accommodation expenses, hospital meal expenses, and disability aids.

Legal basis: Article 17 of the Regulations on Work-related Injury Insurance Article 17 If an employee is injured in an accident or is diagnosed or appraised as an occupational disease in accordance with the provisions of the Law on the Prevention and Control of Occupational Diseases, the unit to which he belongs shall, within 30 days from the date of the accident injury or the date of diagnosis or appraisal of the occupational nuclear combustion disease, submit an application for recognition of work-related injury to the social insurance administrative department of the coordinating area. In case of special circumstances, the time limit for application may be appropriately extended with the consent of the social insurance administrative department.

If the employer fails to submit an application for recognition of work-related injury in accordance with the provisions of the preceding paragraph, the injured employee or his immediate family members or trade union organization may, within one year from the date of occurrence of the accident injury or the date of diagnosis or appraisal of an occupational disease, directly submit an application for recognition of work-related injury to the labor and social security administrative department of the coordinating area where the employer is located.

Matters that shall be determined by the provincial-level social insurance administrative department in accordance with the provisions of the first paragraph of this Article shall be handled by the social insurance administrative department at the districted-city level where the employer is located in accordance with the principle of territoriality.

If an employer fails to submit an application for determination of work-related injury within the time limit specified in the first paragraph of this Article, the employer shall bear the relevant expenses such as work-related injury benefits incurred during this period that comply with the provisions of these Regulations.

We know that construction sites have always been an area with frequent injury accidents due to the particularity of the industry, especially the migrant workers who work on the front line, often become victims of accidents. So whether an injury at a construction site is a work-related injury and how to claim compensation, here, the lawyer answers the following for the main situations:

1. If the worker is employed by a labor service company or a general contracting company, and is managed by the unit, and receives labor remuneration from the unit on time, then the labor relationship between the injured person and the unit is formed, and the worker is injured at work, and the worker shall go through the work-related injury identification procedure and enjoy the work-related injury compensation treatment;

2. If the injured person is employed by a contractor and the contractor is a contractor who is a contractor from a general contractor or a subcontractor company, then in the event of an injury accident, although there is no labor relationship between the injured person and the general contractor or subcontractor company, according to the law, the general contractor or subcontractor company shall bear the main responsibility of the employing entity, that is, it shall still bear the liability for the injured person's work-related injury compensation.

3. If it is a construction site contracted by an individual, or a worker temporarily employed by the company, who is engaged in relevant temporary work in the company, then if the injury is made at the construction site, the two parties shall belong to the labor relationship, and the injured person shall claim compensation according to the relevant standards of personal injury on the basis of the dispute over the liability of the person providing the labor service.

1. Is it a formal job to sign a contract directly?

If "regular worker" refers to the question of whether or not there is an establishment of a unit after signing a contract, then there is no way to define whether there is an establishment based on the signing of the contract alone. At present, when employing employees, they must sign a labor contract with the employee in accordance with the relevant provisions of the Labor Contract Law, regardless of whether the parties have an establishment or not. If "regular employment" refers to the issue of the worker actually wanting to become an employee of a certain company, then the key to this question is that the worker must confirm who the contract is signed with.

If the company directly employs the employee, then it will naturally be signed with them, and the labor relationship will be in the company after the contract is signed. On the other hand, if a contract is signed with a dispatch company, the employment relationship between the employee and the dispatch company is a labor relationship between the dispatching company and the enterprise.

Article 4 of the Provisions of the Supreme People's Court on Several Issues Concerning the Trial of Administrative Cases Involving Work-related Injury Insurance Article 4 Where the social insurance administrative department determines that the following units are responsible for work-related injury insurance, the people's court shall support them: (1) If an employee establishes a dusty labor relationship with two or more units, and when a work-related accident occurs, the unit for which the employee works is the unit that bears the liability for work-related injury insurance; (2) If an employee dispatched by a labor dispatch unit is injured due to work during the period of work in the employing unit, the dispatching unit shall be the unit that bears the liability for work-related injury insurance; (3) If the employee assigned by the unit to work in another unit is due to work, the designated unit shall be the unit that bears the responsibility for work-related injury insurance; (4) Where an employing unit violates laws or regulations by subcontracting business to an organization or natural person that does not have the qualifications of an employing entity, and the employee hired by the organization or natural person engages in the contracting business due to work, the employing unit shall be the unit that bears the responsibility for work-related injury insurance;

Summary. Hello, according to the relevant regulations, the construction site should take necessary safety protection measures to ensure the life and health safety of workers. At the same time, if the worker's injury causes economic losses and other damages, the employer also needs to compensate the worker accordingly according to the actual situation.

If the two parties cannot reach an agreement, the worker can file a lawsuit with the labor arbitration institution or the court to protect his or her legitimate rights and interests. <>

Hello. Or you can tell me the details, and here can also give you a better answer.

Hello, the worker Qixiang was injured while working on the construction site, and the building owner or construction unit needs to bear the responsibility for compensation and cracking. According to the relevant provisions of the Labor Law, employers shall provide workers with necessary labor protection measures to prevent work-related accidents. If the worker is injured due to the fault of the employer, the employer shall be liable for compensation for the worker.

Hello, according to the relevant regulations, the construction site should take necessary safety protection measures to ensure the life and health safety of workers. At the same time, if the worker's injury causes economic losses and other damages, the employer also needs to compensate the worker accordingly according to the actual situation. If the two parties cannot reach an agreement, the worker may file a lawsuit with the labor arbitration agency or the court to protect his or her legitimate rights and interests.

I was a welder on a construction site and accidentally fell from a height and suffered a continuous fracture of the transverse process in my waist.

Want to know how to pay for the construction site?

Hello, did you have an injury appraisal at that time?

The compensation for the construction site includes medical expenses, disability allowance, one-time disability allowance, hospital meal subsidy, transportation and accommodation expenses, etc.

Summary. In general, if a construction site worker is injured, he can claim compensation from the employer. Generally, the following items should be considered in the compensation for workers' injuries: First, medical expenses and nursing expenses, which should be paid by the employer.

Under normal circumstances, if a worker at the construction site is injured, he can claim compensation from the employer. Generally speaking, the following items should be considered in the compensation of a worker's injury: first, medical expenses and nursing expenses, which should be paid by the employer for relevant reimbursement expenses and nursing expenses.

The second is the compensation for lost work, which is calculated for workers according to the proportion stipulated by the local government. The third is disability compensation, if a worker becomes disabled after being injured in a work accident, he or she can be compensated for disability compensation. Fourth, the pension can be obtained if the worker is injured in a work accident and brings losses to the family that cannot be compensated.

In addition, according to the provisions of the Occupational Safety and Health Law, the employer shall establish insurance for the injury, disability and death of workers, and the employer shall bear the insurance costs and provide protection to the relevant family members and victims. In the worst-case scenario, where the employer is unable to compensate the injured worker, the victim or his or her family can apply to the local labor and relief department for assistance.

If you have social security, you can reimburse about 70%, and commercial accident insurance, 100%, if you don't have it, go to the labor bureau for arbitration.

There are two ways to claim compensation for injuries sustained on a construction site.

The first is to take civil litigation, that is, to carry out the employment relationship, which requires the identification of the disability level, and can directly go to the court to claim compensation.

The second is to go through the labor relationship, requiring the identification of work-related injuries, and then doing labor ability appraisal, and after coming out of the level, asking for work-related injury benefits.

These two approaches should be determined according to the circumstances, if the employing entity is clearer, it is better to take the labor relationship; If it is a contractor, a civil lawsuit will be filed.

The higher the level of disability, the higher the treatment, generally including medical expenses, nursing expenses, food subsidies, wages for the period of suspension of work, one-time disability, medical treatment, employment subsidies, etc.

[Work-related injury handling procedures]:

1. To apply to the Human Resources and Social Security Bureau for the identification of work-related injury, the unit shall declare within one month of the accident, and if the unit does not apply, the injured employee or close relatives shall submit an application for recognition within one year. Materials to be submitted: application form for work-related injury determination, proof of labor relationship with the employer, medical diagnosis certificate, etc.;

2. If there is a disability that affects the ability to work after the injury is relatively stable, the applicant shall apply for labor ability appraisal and submit an application to the labor ability appraisal committee of the city divided into districts;

3. According to different disability levels, the compensation obtained is different. The main compensation is: medical expenses, one-time disability allowance, one-time employment allowance, one-time medical allowance, salary during the period of leave of absence, food allowance, nursing expenses, etc.

If you do not participate in the insurance, you will be compensated by the unit.

4. If you do not have a labor contract or other evidence to prove the existence of an employment relationship, and cannot apply for a work-related injury determination, you can first apply for labor arbitration to confirm the existence of an employment relationship between you and the employer. After the existence of an employment relationship is confirmed by labor arbitration, an application for work-related injury determination is made.