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If the injury is serious and the labor relationship can be determined with the unit, you should apply for work-related injury identification and labor ability appraisal as soon as possible, and then apply for labor arbitration as soon as possible according to the appraisal results to request the employer to compensate for work-related injuries, because the statute of limitations is only 1 year, and the law does not support it if the statute of limitations is exceeded.
Compensation items for disability caused by work-related injuries: medical expenses, food allowance during hospitalization, living care expenses, wages during work-related injuries, transportation and accommodation expenses, assistive device expenses, one-time disability allowance, disability allowance, one-time medical subsidy for work-related injuries, one-time disability employment subsidy, etc.
If the labor relationship cannot be determined, you can go to the judicial appraisal agency for the disability level appraisal, and the injured person needs to bring a copy of the ID card, medical records, **, etc.
Then, according to the appraisal results, file a lawsuit with the court as soon as possible to claim compensation for personal injury, because the statute of limitations is only 1 year, and the law does not support it after the statute of limitations.
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If an employee is injured at work, the employer should apply for a work-related injury determination within one month after the accident occurs, and the employee can enjoy work-related injury benefits after the work-related injury is identified.
According to the Regulations on Work-related Injury Insurance
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.
**If the expenses required for work-related injuries meet the requirements of work-related injury insurance diagnosis and treatment items, work-related injury insurance drug lists, and work-related injury insurance hospitalization service standards, they shall be paid from work-related injury insurance**. The catalogue of work-related injury insurance diagnosis and treatment items, the catalogue of work-related injury insurance drugs, and the hospitalization service standards of work-related injury insurance shall be prescribed by the social insurance administrative department in conjunction with the health administrative department, the food and drug supervision and administration department and other departments.
The food subsidy for the hospitalization of the employee for the work-related injury, as well as the transportation, accommodation and accommodation expenses required for the work-related injury employee to seek medical treatment outside the co-ordination area shall be paid from the work-related injury insurance, and the specific standard of payment shall be stipulated by the people of the co-ordination area.
Diseases caused by non-work-related injuries shall not be entitled to medical treatment for work-related injuries and shall be handled in accordance with the basic medical insurance measures.
If the work-related injury employee goes to the medical institution that has signed the service agreement to carry out the work-related injury**, if it meets the requirements, it shall be paid from the work-related injury insurance**.
Article 31 Where an administrative reconsideration or administrative lawsuit occurs after the social insurance administrative department makes a decision to determine that it is a work-related injury, the payment of medical expenses for the work-related injury shall not be stopped during the period of administrative reconsideration and administrative litigation.
Article 32 Due to the needs of daily life or employment, the injured worker may be fitted with prostheses, orthoses, artificial eyes, dentures, wheelchairs and other assistive devices for postponement upon confirmation by the Labor Ability Appraisal Committee, and the required expenses shall be paid from the work-related injury insurance** in accordance with the standards prescribed by the State.
Article 33 Where an employee is injured in an accident or suffers from an occupational disease at work 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, it may be appropriately extended upon confirmation by the labor ability appraisal committee at the districted city level, 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 of work with pay, the unit to which he or she belongs shall be responsible.
Social Insurance Act
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 fifth-level Shizheng and sixth-level disabled employees;
3) A one-time disability employment subsidy that shall be enjoyed when the labor contract is terminated or dissolved.
Of course, it is the Yigongjia app, which can replace the traditional small book, and the construction site can keep accounts, notes, and sign in (the guarantee of rights protection). There is also a comprehensive life guarantee: national social security payment, individual group accident insurance, micro-consultation, recruitment release, ticket purchase, mobile phone recharge, etc.
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There are no god-like people, they are all forced to make a living, and if there is a good job, I believe that few people are willing to suffer on the construction site. The heart of a 90-year-old single construction site dog!
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