Can an injury sustained in the afternoon be counted as a work related injury if the labor contract i

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!

Not necessarily. It depends on what time, for what reason, and what harm you are in?

In response to the supplement: If the labor relationship is terminated in the morning and the agreement is signed, but the employee is still working at the workplace or participating unit in the afternoon, and is injured in an accident, the various elements of the agreement fully meet the requirements for the determination of work-related injuries in the de facto labor relationship.

It can be considered that the employer has already paid the employee's wages in advance in the morning, and the worker's labor is still a part of the employer's business.

No, the labor law stipulates that only accidents that occur in the workplace or on the way to and from work in accordance with the prescribed actions can be regarded as work-related injuries.

Determination of work-related injuries] Article 17 of the Regulations on Work-related Injury Insurance stipulates that if an employee is injured in an accident, the employer shall submit an application for work-related injury recognition to the labor and social security department within 30 days from the date of occurrence of the accident.

If the employer does not submit an application for recognition of work-related injury, the injured employee, his or her immediate family members, or the trade union organization may directly apply to the labor and social security department where the employer is located for recognition of work-related injury within one year from the date of occurrence of the accident injury.

The following materials shall be submitted to submit an application for determination of work-related injury:

1) Application form for work-related injury recognition (collected by the local labor department);

2) Proof of the existence of an employment relationship (including a de facto employment relationship) with the employer;

3) Medical diagnosis certificate (including copies of outpatient medical records, emergency medical records, and inpatient medical records);

Within 60 days from the date of receipt of the application for work-related injury determination, the labor and social security department shall issue a "Work-related Injury Determination" and notify the unit, the employee or his or her relatives. Employees can apply for work-related injury disability appraisal and enjoy work-related injury benefits with the "Work-related Injury Certificate".

If it has been lifted. It can't be considered a work-related injury.

No, you'd better take a look at the latest labor laws.

The employment contract can only be terminated after the period of suspension of work with pay for the work-related injury.

Legal basis:1During the period of suspension of work with pay, the employer shall not dissolve or terminate the labor relationship.

2.Article 42, Paragraph 1, Item 2 of the Labor Contract Law of the People's Republic of China stipulates that if an employee suffers from an occupational disease or is injured at work and is confirmed to have lost or partially lost the ability to work, the employer shall not terminate the labor contract in accordance with the provisions of Articles 40 and 41 of this Law.

3.If the original labor contract expires during the suspension period, the term of the labor contract will be extended to the expiration of the suspension period with pay. If an injured employee is confirmed by the Labor Ability Appraisal Committee to have lost or partially lost his or her ability to work, it shall be dealt with in accordance with the relevant provisions of the Regulations on Work-related Injury Insurance.

Therefore, the employment contract can only be terminated after the period of suspension with pay for the work-related injury.

The Provisions of the Supreme People's Court on Several Issues Concerning the Trial of Administrative Cases Involving Work-related Injury Insurance clarify the four types of circumstances for determining "commuting to and from work" that should be supported by the people's courts: 1. Commuting to and from work on a reasonable route between the place of work and the place of residence, the place of habitual residence, or the dormitory of the unit within a reasonable time; 2. Commuting to and from work by a reasonable route between the place of work and the place of residence of spouse, parents and children within a reasonable time; 3. It is an activity required for daily work and life, and it is on the way to and from work at a reasonable time and on a reasonable route; 4. Commuting to and from work on other reasonable routes within a reasonable time.

Article 1192 of the Civil Code provides that if a labor relationship is formed between individuals, and the party providing the service causes damage to others due to the service, the party receiving the service shall bear tort liability. After the party receiving the service bears tort liability, it may recover compensation from the party providing the service intentionally or with gross negligence. If the party providing the service suffers damage due to the service, it shall bear the corresponding liability according to the fault of both parties.

During the period of providing labor services, if the act of a third party causes damage to the party providing labor services, the party providing labor services has the right to request the third party to bear the tort liability, and also has the right to request the party receiving labor services to give compensation. After receiving compensation from the labor party, it may seek compensation from a third party.

If an employee resigns after a work-related injury, the contract will generally be terminated after 30 days; If the employee is relatively stable and begins to enjoy disability benefits, he or she may voluntarily terminate the labor contract; Except in the case of negligent dismissal, the employer shall not terminate the labor contract at will. If an employer terminates a labor contract in violation of the law, it shall pay double the amount of compensation on the basis of economic compensation.

Article 42 of the Labor Contract Law of the People's Republic of China provides that under any of the following circumstances, the employer shall not terminate the labor contract in accordance with the provisions of Articles 40 and 41 of this Law: (1) The worker engaged in work that is exposed to occupational disease hazards has not undergone a pre-departure occupational health examination, or is suspected of being an occupational disease patient during the period of diagnosis or medical observation; (2) Suffering from an occupational disease or being injured at work in the unit and being confirmed to have lost oranges or partially lost the ability to work; (3) Illness or non-work-related injury, within the prescribed period of medical treatment; (4) Female employees are pregnant, giving birth, or breastfeeding; (5) Those who have worked in the unit for 15 consecutive years and are less than five years away from the statutory retirement age; (6) Other circumstances provided for by laws and administrative regulations.

If an employee resigns after a work-related injury, the contract shall be terminated after 30 days; If the labor relatives are relatively stable and begin to enjoy disability benefits, they may voluntarily terminate the labor contract; Except in the case of negligent dismissal, the employer shall not terminate the labor contract at will. If an employer terminates a labor contract in violation of the law, it shall pay double the amount of compensation on the basis of economic compensation.

Article 42 of the Labor Contract Law of the People's Republic of China An employer shall not terminate a labor contract in accordance with the provisions of Articles 40 and 41 of this Law if an employee falls under any of the following circumstances: (1) the worker who is engaged in work that is exposed to occupational disease hazards has not undergone a pre-departure occupational health examination, or is suspected of being an occupational disease patient during the period of diagnosis or medical observation; (2) Suffering from an occupational disease or being injured at work in the unit and confirmed to have lost or partially lost the ability to work; (3) Illness or non-work-related injury, within the prescribed period of medical treatment; (4) Female employees are pregnant, giving birth, or breastfeeding; (5) Those who have worked in the unit for 15 consecutive years and are less than five years away from the statutory retirement age; (6) Other circumstances provided for by laws and administrative regulations.

Summary. The labor contract may be terminated after the expiration of the medical treatment period for work-related injuries, and the employee shall not be subject to this restriction if he or she voluntarily proposes to terminate the labor contract. According to Article 42 of the Labor Law, an employer shall not terminate a labor contract in accordance with Articles 40 and 41 of this Law if an employee falls under any of the following circumstances:

1) Workers engaged in operations that expose occupational disease hazards have not undergone a pre-departure occupational health examination, or are suspected of being an occupational disease patient during the period of diagnosis or medical observation; (2) Suffering from an occupational disease or being injured at work in the unit and confirmed to have lost or partially lost the ability to work; (3) Illness or non-work-related injury, within the prescribed period of medical treatment; (4) Female employees are pregnant, giving birth, or breastfeeding; (5) Those who have worked in the unit for 15 consecutive years and are less than five years away from the statutory retirement age; (6) Other circumstances provided for by laws and administrative regulations.

The labor contract may be terminated after the expiration of the medical treatment period for work-related injuries, and the employee shall not be subject to this restriction if he or she voluntarily proposes to terminate the labor contract. According to Article 42 of the Labor Investigation Law, an employer shall not terminate a labor contract in accordance with Articles 40 and 41 of this Law if an employee falls under any of the following circumstances: (1) the worker who is engaged in work that is exposed to occupational disease hazards has not undergone a pre-departure occupational health examination, or is suspected of having an occupational disease during the period of diagnosis or medical observation; (2) Suffering from an occupational disease or being injured at work in the unit and confirmed to have lost or partially lost the ability to work; (3) Illness or non-work-related injury, within the prescribed period of medical treatment; (4) Female employees are pregnant, giving birth, or breastfeeding; (5) Those who have worked in the unit for 15 consecutive years and are less than five years away from the statutory retirement age; (6) Other circumstances provided for by laws and administrative regulations.

The employment contract can be terminated one year after the work-related injury. If an employee is injured in an accident due to work, and he or she is unable to perform his or her job even after being discharged from the hospital, he or she may be dismissed one year after the work-related injury. If the hospital confirms that the employee does not have symptoms such as residual illness during the period of injury and laughter**, the employer shall not terminate the labor relationship at this time.

Can I get compensation every month of the year for quitting my job?

If the company dismisses you, you can only get severance payment.

After a work-related injury, there is a one-time disability allowance, disability allowance and living care expenses.

Is the compensation from the Social Security Administration the same as the compensation from the company?

Same. Why is there no compensation for resignation due to work-related injuries?

One month of compensation per year.

Nope. It was you who initiated your resignation, not the employer that fired you.