I broke my index finger in a private factory for more than two sections, and I didn t sign a labor c

Updated on society 2024-07-28
5 answers
  1. Anonymous users2024-02-13

    1. It is illegal for an employer not to sign a labor contract or pay social security after one month of employment, and the employee may request to pay back social security and double wages, and double wages can be claimed for up to 11 months;

    2. If the employer fails to declare the work-related injury in accordance with the law, the employee can apply for work-related injury appraisal at the local social security administrative department within one year after the injury;

    3. If the work-related injury is appraised, if the employer fails to pay the work-related injury insurance, the employer shall compensate according to the company's treatment.

    According to 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 Treatment of Occupational Diseases, the unit to which he belongs shall, within 30 days from the date of occurrence 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 region. 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 close relatives 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 social insurance 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.

    Article 62 Where an employer fails to participate in work-related injury insurance in accordance with the provisions of these Regulations, the social insurance administrative department shall order it to participate within a time limit, pay the work-related injury insurance premiums that should be paid, and impose a late fee of 5/10,000 per day from the date of non-payment; If the payment is still not made within the time limit, a fine of not less than 1 time but not more than 3 times the amount of the outstanding payment shall be imposed.

    If an employee of an employer who is required to participate in work-related injury insurance in accordance with the provisions of these Regulations but does not participate in work-related injury insurance suffers a work-related injury, the employer shall pay the expenses in accordance with the work-related injury insurance benefits and standards stipulated in these Regulations.

    After the employer participates in the work-related injury insurance and pays the work-related injury insurance premiums and late fees that should be paid, the work-related injury insurance** and the employer shall pay the newly incurred expenses in accordance with the provisions of these Regulations.

  2. Anonymous users2024-02-12

    If it is a work-related injury, the factory will compensate 50% of the medical expenses, but you have to tell the boss well, otherwise it will be very troublesome for him to refuse to give it to you, and it will be even more troublesome to sue in court.

  3. Anonymous users2024-02-11

    That's not a lot of money.

  4. Anonymous users2024-02-10

    If an employee with a de facto labor relationship suffers from a work-related injury and replantation of his or her index finger, he or she shall apply for a work-related injury determination and labor ability appraisal, and claim work-related injury insurance benefits according to the appraisal conclusion.

    The determination of work-related injury is an administrative confirmation by the social insurance administrative department in accordance with the authorization of the law whether an employee's injury (or occupational disease) due to an accident is a work-related injury or is regarded as a work-related injury, and is a prerequisite for an employee to enjoy work-related injury insurance benefits after suffering an accident injury and to obtain relief through legal means for lifelong disputes.

    Labor ability appraisal is the basis and prerequisite for the labor appraisal agency to comprehensively assess the degree of disability and loss of working ability of the injured employee according to the national appraisal standards and the methods and means of relevant policies and medical science and technology after the worker is injured due to work.

    If a worker is injured in a work-related accident, he or she shall first apply to the Human Resources and Social Security Bureau for a work-related injury determination, and the employer shall apply within 30 days of the accident. Trade unions, injured workers, or their close relatives submit an application for recognition within one year. To apply for work-related injury determination, you shall fill in the "Application Form for Work-related Injury Determination" and submit:

    Proof of employment relationship with the employer, medical diagnosis certificate, etc.

    If there is a disability that affects the ability to work after the work-related injury is determined and the injury is relatively stable, an application shall be submitted 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). To apply for labor ability appraisal, the applicant shall fill in the Application Form for Labor Ability Appraisal and submit: the original and photocopy of the Decision on the Determination of Work Injury; Valid diagnosis certificates, examination and test reports and other complete medical record materials copied or reproduced in accordance with the relevant regulations on medical record management of medical institutions; The original and photocopy of the worker's resident ID card or social security card and other valid identification documents; Other materials specified by the Labor Ability Appraisal Committee.

    According to the appraisal conclusion, the work-related injury insurance benefits were asserted. Depending on the level of disability, the compensation received 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, hospital meal allowance, nursing expenses, disability allowance, etc.

    In the event of a dispute with the employer over the treatment of work-related injury insurance, it is a labor dispute, and the employer applies to the labor dispute arbitration commission at the place where the employer is located or the place where the labor contract is performed for labor dispute arbitration, and after the arbitration award, the award takes legal effect, and the employer fails to perform its obligations under the award and applies to the people's court for enforcement.

    If the employee does not have an employment contract or other evidence proving the existence of an employment relationship and is unable to apply for a determination of work-related injury, he or she may first apply for labor arbitration to confirm the existence of an employment relationship between the employee and the employer. After the existence of an employment relationship is confirmed by labor arbitration, an application for work-related injury determination is made.

  5. Anonymous users2024-02-09

    Collect facts and labor relationship certificates to apply for work-related injury determination, and then make a determination before compensation. You can't decide who cares about your compensation.

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You are taking a dead wage, and now because of the small amount of goods in the factory, the factory wants to deduct your wages, which is unreasonable. However, if the economic efficiency of the factory is really not good, it is reasonable to communicate with the employees to reduce some wages or postpone part of the company.

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