It s a work related injury, so it s unreasonable to use easy chips! That if the developer is compens

If an employee is injured and meets one of the circumstances specified in Article 1 of the Regulations on Work-related Injury Insurance, the employee may apply to the local social security department for work-related injury determination.

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 the employee does not have a labor contract and other evidence to prove the existence of an employment relationship, and cannot apply for a work-related injury determination, he or she 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.

5. Regulations on Work-related Injury Insurance

Article 14 An employee shall be deemed to have suffered a work-related injury under any of the following circumstances:

1) Being injured in an accident during working hours and in the workplace due to work-related reasons;

2) Being injured in an accident while engaging in work-related preparatory or finishing work in the workplace before or after working hours;

3) Injured by violence or other accidents during working hours and in the workplace due to the performance of work duties;

4) Suffering from occupational diseases;

5) Injured or unaccounted for in an accident while away for work;

6) Injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train for which they are not primarily responsible;

7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.

Article 15 An employee shall be deemed to have suffered a work-related injury under any of the following circumstances:

1) Died of a sudden illness during working hours and at work, or died within 48 hours after rescue efforts failed;

2) Suffering harm in emergency rescue and disaster relief or other activities to preserve national or public interests;

3) Employees who previously served in the army, were disabled due to war or duty injuries, and have obtained the certificate of revolutionary disabled soldiers, and were injured after arriving at the employer.

Where employees have any of the circumstances in items (1) or (2) of the preceding paragraph, they shall enjoy work-related injury insurance benefits in accordance with the relevant provisions of these Regulations; Employees who have the circumstances in item (3) of the preceding paragraph shall enjoy work-related injury insurance benefits other than a one-time disability subsidy in accordance with the relevant provisions of these Regulations.

Article 16: Where an employee meets the requirements of Articles 14 and 15 of these Regulations, but in any of the following circumstances, it shall not be recognized as a work-related injury or treated as a work-related injury:

1) Intentionally committing a crime;

2) Drunk or drug addiction;

3) Self-harm or suicide.

Easy fundraising is a personal act, and it is a skill to be able to get paid! This payment and workers' compensation are two different things.

Your colleague A, constitutes a deception... Although he is kind enough to help you. You are also because you were injured before the effective date of the policy, and your injury is not actually covered by this insurance.

As for whether he will find out the insurance fraud, then it depends on whether he will check it or not, and how he will check it. If the insurance company really wants to check, it is easy to check. And your colleague A is really stupid, he actually gave his name to others and left medical records, which may affect his insurance in the future.

Here is also a friendly reminder to netizens, don't give your medical insurance card or the like, or give your name to others like this person, leave a record, and the insurance company won't care about it when it checks you, that's what the record says. For example, your parents have high blood pressure and take medicine for a long time, you have a lot of money in your medical insurance card, and you are also very healthy, so you give your medical insurance card to your parents and brush high blood pressure medicine for a long time, so okay, you want to buy insurance next time, you think you are healthy, all the questionnaires are fine, the insurance company will not investigate at that time, subject to your notice (if you are not old enough to need a physical examination, and other health notices are fine), then at this time he does underwrite, the result, For example, he did a routine spot check, or you had an accident and he made a claim, and he went to check, what?? This person he brushed high blood pressure medicine, then he has high blood pressure, he didn't tell me truthfully, that's very simple, you are not honest, I will give you a direct surrender, a better one may refund your premium, humanitarian, normal premiums are not refunded, because you are in default.

Then what if you really want to buy insurance, you have to prove that you don't have high blood pressure, then you have to go for a physical examination, what's the matter, it's very troublesome. So, don't lend your medical insurance card to someone else! There is also to go to the hospital to write a medical record card, to discuss with the doctor, watch the doctor write, to write truthfully, do not write more if you don't have it, and don't deliberately write a serious illness in order to open a leave note!

Because the doctor's judgment is different from the insurance company's judgment standard, let's take another example! For example, I have a cold and feel quite tired, so I tell the doctor can you give me a few days off, I sleep at home for a few days and don't want to go to work. It doesn't matter if the doctor wants to prescribe it for a few days, but your company's leave is very strict, and it is necessary to meet the standard of hanging water, and the doctor said that hanging water is not good, and we also have regulations for common colds, and now you can't hang water casually, you tell the doctor that the doctor you want to find a way.

The doctor said I'll prescribe you a cold to cause myocarditis. In the doctor's opinion, myocarditis can be big or small, small or even asymptomatic, very mild, and can be written down for you. Well, you agreed.

As a result, you went to buy insurance, and you didn't understand this to be told, and you thought it was just to open a leave note, and wrote an insignificant symptom into it, and it was underwritten at the time, and the insurance company finished the spot check or you were out of insurance, a check, what? You have myocarditis so you don't tell it? You are dishonest again, and of course this contract is invalid.

In addition, there is another one, which is not very well-founded, I heard a teacher say that single older unmarried young men have a high probability of being randomly checked.

Hello, this kind of thing must be risky, if the amount is not much, it does not attract the attention of the insurance company, it may also be lucky, but if the insurance company pays attention, there is nothing that cannot be found.

Nowadays, many enterprises purchase accident insurance for employees instead of work-related injury insurance due to high social security contributions, so how to compensate for group accident insurance if a work-related accident occurs? Does the insurance company's compensation belong to the company or to the employee?

China's insurance law stipulates that the insured shall purchase life insurance for the worker with whom he or she has a labor relationship, and shall not designate anyone other than the insured and his close relatives as the beneficiary. Therefore, the beneficiary of group accident insurance cannot be the company, but the close relatives of the insured or the insured himself.

In the event of an accident, the employer will first pay the medical expenses to the employee first, and when compensating, the compensation for medical expenses shall belong to the company, but the disability compensation shall belong to the employee himself, and the compensation of group accident insurance cannot replace the compensation for work-related injuries, and the work-related injury compensation cannot be deducted from the part of the accident insurance compensation, that is, the employee can get double compensation, the work-related injury compensation shall be compensated by the unit, and the accident insurance compensation part shall be compensated by the insurance company.

1. Commercial group accident insurance cannot replace work-related injury insurance.

Many enterprises believe that there are many employees and the cost of social security is high, and the insured salesman lobbied to purchase cheaper employee group accident insurance, thinking that taking some employees out of accident insurance can not only save labor costs, but also play a role in risk protection. In fact, this is a misunderstanding: employee group insurance belongs to the category of welfare protection, which is essentially an additional benefit for employees, reflecting the humanistic care of the enterprise and useful to employees, but it cannot play any role in exempting or reducing the risk responsibility of the enterprise.

2. The compensation of group insurance cannot be offset against the compensation of the injured employee.

Even if the insured, the enterprise has paid all the insurance premiums, but the employees have not paid a penny, the enterprise is still not entitled to receive the employee group insurance payment, or put forward the claim of offsetting the employee's work-related injury treatment with the compensation payment, because the enterprise is not the beneficiary of the group insurance.

After the accident, the beneficiary of the group insurance claim: the beneficiary of the hospitalization medical expenses is the employee himself, and the beneficiary of the death insurance benefit is his family (heir).

To sum up, it is recommended to purchase group accident insurance for employees, and if the employee's work-related injury benefits are borne by the employer, the employer shall not claim to deduct the compensation received by the employee in accordance with the life insurance contract.

After the occurrence of a work-related accident, the employee should be dealt with in accordance with the work-related injury process, and the work-related injury treatment is not related to whether the employer purchases accident insurance for the employee, and the employee needs to request the employer to compensate according to the work-related injury compensation standard, and the accident insurance can be reimbursed by the unit. If an employee is injured in an accident at work, it should be done in accordance with the work-related injury process. If there is a dispute with the unit, you can apply for labor arbitration to protect your rights.

The work-related injury process is as follows: 1. Timely delivery to the hospital**. 2. Apply for work-related injury recognition.

The employer applies within one month after the accident, and if the employer fails to apply on time, the employee can apply for a work-related injury determination within one year after the accident. 3. ** and rest period. During the period when the employee is in the hospital** and resting, the employer pays the employee's salary on a monthly basis, and the salary remains unchanged.

4. Labor ability appraisal. Employees can apply for disability appraisal after reaching a certain period of medical treatment. 5. Review of work-related injury benefits.

Employees can apply for work-related injury benefits, reimbursement of medical expenses and one-time disability allowance after the completion of the ** or labor ability appraisal. 6. When the employee terminates the labor relationship with the unit, the employer shall pay a one-time employment subsidy to the disabled and a one-time medical subsidy to the social security. According to Article 17 of the Regulations on Work-related Injury Insurance, 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 or she 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 21 Where an employee suffers a work-related injury and has a disability that affects his or her ability to work after the injury is relatively stable, an appraisal of his or her ability to work shall be conducted. Article 2 of the Labor Dispute Mediation and Arbitration Law This Law shall apply to the following labor disputes between employers and workers within the territory of the People's Republic of China:

1) Disputes arising from the confirmation of labor relations; (2) Disputes arising from the conclusion, performance, modification, rescission or termination of labor contracts; (3) Disputes arising from removal, dismissal, resignation, or resignation; (4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training, and labor protection; (5) Disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, etc.; (6) Other labor disputes as provided for by laws and regulations.

Hello, I am a platform cooperation lawyer, and I am happy to serve you!

Questions. My husband was injured on the construction site and fractured his waist, leg and ankle, and I want to know the difference between their company's work-related injury and insurance.

Article 36 of the Social Insurance Law of the People's Republic of China If an employee is injured in an accident or suffers from an occupational disease due to work-related reasons, and is recognized as a work-related injury, he or she shall enjoy work-related injury insurance benefits, and if he loses his or her ability to work after the appraisal of his or her ability to work, he shall enjoy disability benefits. The determination of work-related injuries and the evaluation of labor ability shall be simple and convenient. Article 37 If an employee is at work due to any of the following circumstances, it shall not be deemed to be a work-related injury:

1) Intentional crimes, (2) drunkenness or drug abuse, (3) self-harm or suicide, and (4) other circumstances provided for by laws and administrative regulations.

If the work-related injury is determined to be unsuccessful, the medical insurance can still reimburse it. If the determination of work-related injury is unsuccessful, it only means that the injury suffered this time is not a work-related injury and cannot enjoy relevant benefits in accordance with the work-related injury insurance regulations (that is, the relevant benefits and expenses cannot be paid by work-related injury insurance**). As long as the medical insurance has been paid, the medical insurance will give reimbursement relief according to the relevant policies.

Yes. The specific procedures for work-related injury assessment are as follows: 1. Go to the labor administrative department to determine the work-related injury; 2. After the labor administrative department determines the work-related injury, apply to the labor administrative department for work-related injury appraisal; 3. The labor administrative department and the enterprise will notify you to identify the disability level; 4. The disability level is identified in a medical institution designated by the Municipal (Districted) Labor Ability Appraisal Committee; 5. After assessing the level of disability, it shall be implemented in accordance with the provisions of the Regulations on Work-related Injury Insurance.

Article 45 of the Social Insurance Law of the People's Republic of China An unemployed person who meets the following conditions shall receive unemployment insurance money from unemployment insurance**: (1) the employer and the employee have paid unemployment insurance premiums for one year before becoming unemployed; (2) Interruption of employment not due to the person's will; (3) Those who have already registered as unemployed and have requirements to seek employment. Article 46 Where an unemployed person has paid contributions for one year but less than five years before he or she becomes unemployed, the maximum period for receiving unemployment insurance money shall be 12 months; If the cumulative contributions have been made for five years but less than 10 years, the maximum period for receiving unemployment insurance benefits is 18 months; For those who have made contributions for more than 10 years, the maximum period for receiving unemployment insurance money is 24 months.

If a person becomes unemployed again after re-employment, the payment period shall be recalculated, and the period for receiving unemployment insurance money shall be calculated together with the period for which unemployment insurance money should have been received but not yet received in the previous unemployment, and shall not exceed 24 months. Article 47 The standard of unemployment insurance money shall be determined by the people of the province, autonomous region, or municipality directly under the Central Government, and shall not be lower than the minimum subsistence guarantee standard for urban residents.

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