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If you are injured by a work-related accident while working on a construction site, you shall enjoy work-related injury insurance benefits, which shall be implemented in accordance with the "Regulations on Work-related Injury Insurance". The determination of work-related injuries is mainly based on the qualifications of the employing entity and the fact of employment, even if it is a signed labor contract, it does not affect the final determination of work-related injuries.
Work-related injury insurance benefits include:
1.Medical expenses shall be paid by work-related injury insurance**, and if the employer does not apply for work-related injury insurance, the employer shall pay the full amount;
2.During the period of suspension of work and salary (** period, ** period), the salary shall be paid according to the original treatment (need to be appraised by the Labor Ability Appraisal Committee);
3.If nursing care is required during the suspension period, the unit shall be responsible; Those who do not need care will no longer be paid.
4.During hospitalization, food subsidies and transportation expenses are issued according to local standards, which vary slightly from place to place;
5.Workers' compensation: (provided that the disability level is assessed by the Labor Ability Appraisal Committee).
1) Those who continue to perform the labor contract shall enjoy a one-time disability subsidy in accordance with the provisions of the Regulations on Work-related Injury Insurance. For example, a grade 9 work-related injury is 9 months' salary.
2) If the labor contract is dissolved or terminated, you can also enjoy a one-time medical subsidy for work-related injuries and a one-time employment subsidy for disability. The specific amount is set locally, and the amount of compensation varies from region to region, so you can consult the local labor and social security administrative department.
Opinions on Several Issues Concerning the Implementation of the Regulations on Work-related Injury Insurance, Ministry of Human Resources and Social Security [2013] No. 34.
VII. Where a contractor with the qualifications of an employing entity violates the provisions of laws and regulations by subcontracting or subcontracting the contracting business to an organization or natural person that does not have the qualifications of an employing entity, and the laborer recruited by the organization or natural person engages in the contracting business due to work, the contractor with the qualifications of the employing entity shall bear the work-related injury insurance liability that the employer shall bear in accordance with law.
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The labor company will help you buy insurance, and the insurance company will give the money to the labor company to you.
If you don't buy it, then go to the local labor arbitration to appeal.
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Legal Analysis: If the injury is sustained during the course of work, it is considered a work-related injury. If there is no employment contract, the employment relationship can be confirmed first, and the behavior can be reported to the labor inspection department first.
Legal basis: Labor Contract Law of the People's Republic of China
Article 3 The conclusion of a labor contract shall follow the principles of legality, fairness, equality, voluntariness, consensus, and good faith. The labor contract concluded in accordance with the law is binding, and the employer and the employee shall perform the obligations stipulated in the labor contract.
Article 10 A written labor contract shall be concluded in order to establish a labor relationship. If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment. If the employer and the employee conclude a labor contract before employment, the employment relationship shall be established from the date of employment.
Article 36 The employer and the employee may terminate the labor contract if they reach a consensus through consultation.
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. >>>More
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.
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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