The injured unit is not paid full time during the employee s working hours

If it can be recognized as a work-related injury, the employer needs work-related injury compensation, the following is the work-related injury identification procedure, you can apply for work-related injury recognition first:

1. To apply to the Human Resources and Social Security Bureau (formerly the Labor Bureau) for work-related injury identification, the company needs to report within one month of the accident, if the company does not apply, the injured employee or his close relatives shall apply for recognition within one year. Materials to be submitted: application form for work-related injury determination (**generally ** from the Labor Bureau), 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 (generally established in the human resources and social security bureau at the same level);

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.

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.

It should be unconditionally paid, and if the factory is at fault for no reason, it will also be responsible.

Who is responsible for an employee injured outside of working hours?

If an employee is injured outside of working hours, then the company generally does not need to solve the problem, because unless it is a work-related injury, the company will have to compensate some funds. According to the corresponding work-related injury management regulations, if an employee is injured in an accident, if it is a work-related injury, the company shall submit an application for work-related injury recognition to the social insurance administrative department of the coordinating area within 30 days from the date of occurrence of the accident injury or the date of diagnosis or appraisal of occupational disease.

After the work-related injury is identified, the company shall actively cooperate with the employee to receive work-related injury benefits. If it is not a work-related injury, the employer is not responsible. If it is outside working hours, then it is generally not a work-related injury, but if the company is injured in the process of commuting to and from work, then in this case it is recognized as a work-related injury, and the company needs to be responsible.

Summary. Legal basis: Article 17 of the Regulations on Work-related Injury Insurance stipulates that 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 Treatment 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 an occupational 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.

Who is responsible for an employee injured outside of working hours?

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If an employee is injured outside of working hours, and the employee is injured in the workplace, the employer shall bear the compensation for the salary of the suspension period, disability allowance, one-time disability employment subsidy, etc., and the employer shall be liable for compensation if the employee is injured in an accident due to work reasons.

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

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.

Who is responsible for an employee injured outside of working hours?

If a worker is injured in the course of his or her work, the employer is liable if there is an employment relationship between the employer and the worker. In the case of a contract relationship, if the employer is not at fault, the worker shall be liable. If an employee suffers personal injury in the course of employment activities, the employer shall be liable for compensation.

If a third party outside the employment relationship causes personal injury to the employee, the person entitled to compensation may request the third party to bear the liability for compensation, or the employer may also request the employer to bear the liability for compensation.

1. Article 29 of the Regulations on Work-related Injury Insurance: Employees who are injured in accidents or suffer from occupational diseases due to work shall enjoy medical treatment for work-related injuries. If an employee is hospitalized and injured at work, the unit shall pay the hospitalization food subsidy according to 70% of the food subsidy standard of the unit for business trips; If an injured employee seeks medical treatment outside the overall planning area with a certificate issued by a medical institution and approved by the handling agency, the required transportation, food and lodging expenses shall be reimbursed by the unit in accordance with the standard for employees traveling on business for business purposes.

2. Article 31 of the Regulations on Work-related Injury Insurance: If 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 level of a city divided into districts, 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.

3. Article 61 of the Regulations on Work-related Injury Insurance stipulates that the term "personal salary" in these Regulations refers to the average monthly salary paid by an injured employee in the 12 months prior to the injury caused by an accident or occupational disease due to work. If the salary is higher than 300% of the average salary of employees in the overall planning area, it shall be calculated according to 300% of the average salary of employees in the overall planning area; If my salary is lower than 60% of the average salary of employees in the overall area, it shall be calculated according to 60% of the average salary of employees in the overall area.