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It is a work-related injury. Prosecute at the place where the case occurred. In the case of a work-related injury, of course, the liability for compensation lies with the company, and the contractor or contractor is found.
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It is a work-related injury. Do the work of the co-workers and let them out of court.
If there is a labor contract, the foreman has to admit it, and there is also a note for receiving wages that can also indicate that it is the salary that was paid. It's about using workers.
This case can only be prosecuted in the place where it occurred.
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The incident occurred in Tangshan, and the lawsuit was filed locally, and if you are not satisfied, you can appeal.
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First of all, you can apply for recusal based on their kinship, that is, ask the interested judge to recuse themselves; Secondly, with regard to testifying in court, it is not necessary for the worker to testify in court, and a lawyer can be asked to question on his behalf and present evidence in the form of witness testimony; In the end, even if the first instance is lost, there is still an appeal, and no matter how powerful the contractor is, it will be difficult to buy off the two levels of courts. On a further note, you can also name the contractor and the employer as co-defendants.
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This evidence is required to prove the identity of the contractor's employer. According to the relevant provisions of China's Civil Procedure Law, whoever asserts the claim shall provide evidence, and your uncle claims the employer's liability for compensation, and needs to provide evidence to prove the identity of the employer and the existence of an employment relationship between the two parties.
If the builder is at fault, the builder may be named as a co-defendant in the lawsuit.
Those who are dissatisfied with the first-instance judgment shall promptly appeal to the Tangshan Intermediate People's Court. Where they are still not satisfied with the second-instance judgment, they may apply to the Hebei Provincial High People's Court for a retrial.
Lawyer Wang Yanling.
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Legal analysis: If there is a work-related accident on the construction site, the contractor is liable for compensation. If the court sues Qiaoji, the foreman can be contracted to sue together with the project company. The specific compensation depends on the agreement between the contractor and the project company.
Legal basis: Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases of Compensation for Injuries to the Person's Grip Article 11 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 an employee, the person entitled to compensation may request the third party to bear the liability for compensation, and may also request the employer to bear the liability for compensation.
After the employer assumes the liability for compensation, it can recover from a third party. If an employee suffers personal injury due to a work safety accident in the course of employment activities, and the employer or subcontractor knows or should know that the employer receiving the contract or subcontract business does not have the corresponding qualifications or conditions for safe production, it shall be jointly and severally liable with the employer for compensation.
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First of all, the worker was suspected of having a work-related accident at work, and the work-related injury was not covered by liability insurance. Regardless of whether the worker violates the rules, it will not affect the determination of work-related injuries.
Secondly, as long as any part of the fracture occurs, according to the relevant standards of labor ability appraisal, it can be rated as a work-related injury disability level of 10 or above. Depending on the level of disability, you can receive compensation for at least 20 months' wages.
Third, according to the opinions of the Ministry of Human Resources and Social Security on several issues concerning the implementation of the "Regulations on Work-related Injury Insurance" issued by the Ministry of Human Resources and Social Security No. 34 of 2013, Article 7 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. Here it is necessary to check whether the contractor is qualified, and if there is no corresponding qualification, the employer shall bear the liability for work-related injury insurance. If there are qualifications, and there are two situations, if you participate in work-related injury insurance and pay normally, the work-related injury insurance** shall bear the expenses that should be borne by the work-related injury person's insurance**; If the contractor does not participate in work-related injury insurance, the contractor shall bear all the expenses.
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Summary. If it's work time, I accidentally fell down the stairs! It is also a work injury! Falling down the stairs to and from work is also a work injury!
Hello Lushi, please wait patiently, this side is being sorted out, and the coarse town will answer for you immediately, and please don't end the consultation. ~<
Big Red Rock Flowers] <>
Hello, I am the foreman of the small package on the construction site, I fell from the roof while working, and I suffered a comminuted fracture of the patella of my left leg.
Hello! We're happy to answer for you! The contractor is responsible for the injury on the construction site!
If there is a work-related accident on the construction site, the contractor is liable for compensation. If the Wulu court sues, the contractor and the project company can sue together. Who should be compensated depends on the agreement between the contractor and the project company.
The foreman of the large contractor paid the work-related injury insurance.
I came to the hospital to advance my own money, and I didn't understand these at the time.
This is a work-related injury! It is possible to ask the insurance company for compensation! You paid the ** fee first! Don't forget to save your receipts! When the time comes, it can be used as a voucher for reimbursement of injuries in the sedan chair worker's hall!
I filled in the wrong case, and I reported it as medical insurance, and the reason was written as accidentally falling down the stairs.
It depends on which one reports more medical insurance or work-related injury insurance.
If it's work time, I accidentally fell down the stairs! It is also a work injury! Falling down the stairs to and from work is also a work injury!
There is no fixed time for working on the construction site.
Medical insurance and work-related injuries are not excluded! A work-related injury is a medical expense that the company compensates you for! You are not responsible for the ** cost as required!
You can take as much responsibility as you want to see.
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