Should an employee compensate for cancer at work?

Updated on society 2024-08-13
28 answers
  1. Anonymous users2024-02-16

    No compensation. An in-service employee who has a serious illness while at work.

    Those who do not fall under the category of work-related injuries can enjoy the medical treatment period.

    treatment. The medical treatment period refers to the period during which the employee of the enterprise stops working due to illness or non-work-related injury, and the enterprise shall not terminate the labor contract.

    During the medical treatment period, the responsibility of the enterprise is as follows:

    1. Sick leave pay or sickness relief expenses can be lower than the local minimum wage standard.

    paid, but not less than 80% of the minimum wage.

    2. The company shall not terminate the labor contract during the medical treatment period.

    3. For those who have not recovered after the expiration of the medical treatment period, or who cannot engage in the original job or the work arranged by the company after the expiration of the medical treatment period, and the labor contract is terminated, the employer shall pay economic compensation.

    severance payments.

  2. Anonymous users2024-02-15

    It depends on the presence of carcinogenic substances in the workplace. If not, it is cancerous caused by your own disease. Nothing to do with the business. Then you have to bear it yourself.

  3. Anonymous users2024-02-14

    Shouldn't! Only work-related injuries are eligible for compensation. However, work-related injuries only recognize occupational diseases as work-related injuries, and diseases directly caused by non-occupational factors cannot be regarded as work-related injuries.

  4. Anonymous users2024-02-13

    Can extortion be so above board?

    Should the company send this employee to the police station?

  5. Anonymous users2024-02-12

    Behind the Mpemba phenomenon, a cup of cold water and a cup of hot water are placed in the freezer compartment of the refrigerator at the same time, which glass of water freezes first? "Of course the cold water froze first! "I believe that many people will not hesitate to do this.

    Unfortunately, this answer is wrong. The mistake was discovered by Mpemba, a junior high school student at Magamba Middle School in Tanzania, Africa. One day in 1963, Mpemba found that the hot milk he kept in the freezer of his refrigerator froze before the cold milk of his classmates.

    This puzzled him, so he immediately ran to the teacher and asked for advice. The teacher said easily, "You must be mistaken, Mpamba."

    Unconvinced, Mpemba tried again, but the hot milk froze before the cold milk. One day, Dr. Osborn, Head of the Department of Physics at the University of Dar es Salaam, visited Mpemba's school. Mpemba mustered up the courage to ask the doctor his question.

    Dr. Osborn said, "I can't ask you questions right away, but I promise to do this experiment myself as soon as I get back to Dar es Salaam." As a result, the doctor's experiment was exactly what Mpemba said.

    As a result, this phenomenon is known as the "Mpemba phenomenon". For more than 40 years, the "Mpemba phenomenon" has been recognized as truth to this day. It doesn't end there.

    In 2004, Yu Shunxi, a girl from Xiangming Middle School in Shanghai, questioned this phenomenon. Under the guidance of Huang Zengxin, a famous science and technology teacher, Yu Shunxi and two other female students began to study the Mpemba phenomenon. They use sugar, water, milk, starch, ice cream and other ingredients to collect.

  6. Anonymous users2024-02-11

    Hello, it depends on whether your illness is related to work and whether it constitutes a work-related injury.

    1. The enterprise shall not terminate the labor contract during the legal period!

    2. If you **.

    The company should arrange a position for which you are competent.

    If you want to be dismissed, you will need to compensate you.

    Article 6 of the Measures for Economic Compensation for Violation and Termination of Labor Contracts (Lao Bu Fa (1994) No. 481) of the Ministry of Labor stipulates that "if a worker is sick or injured not due to work, and the labor appraisal committee confirms that he is unable to perform his original job or perform another job arranged by the employer and terminates the labor contract, the employer shall pay him an economic compensation equivalent to one month's salary for each full year of service in the employer, and shall also pay a medical subsidy of not less than six months' salary." In the case of serious illness and terminal illness, the medical subsidy shall also be increased, and the increase in the amount of serious illness shall not be less than 50 percent of the medical subsidy fee, and the increase in the amount of terminal illness shall not be less than 100 percent of the medical subsidy fee. ”

    3. If the unit does not accept, find an arbitration institution.

    4. When an employee of an enterprise needs to stop working for medical treatment due to illness or non-work-related injury, he or she will be given a medical treatment period of 3 months to 24 months according to his actual working years. If the actual working experience is less than 10 years, 3 months if the actual working experience is less than 5 years; 6 months for more than 5 years. Those who have actually worked for more than 10 years and have worked in the unit for less than 5 years.

    for 6 months; 9 months for those between 5 and 10 years; 12 months for those between 10 and 15 years; 18 months for more than 15 years and less than 20 years; 24 months for more than 20 years.

    5. If the unit does not renew the visa, economic compensation is required. One month's salary for one year shall be calculated according to the average salary of the employee for the 12 months prior to the expiration of the contract, and the salary received shall prevail.

  7. Anonymous users2024-02-10

    If an employee gets cancer during work, generally speaking, the company cannot compensate, but there are often some special circumstances, that is, occupational diseases, if it is cancer caused by occupational diseases during work. This is still subject to compensation.

  8. Anonymous users2024-02-09

    Cancer is a disease, and a disease is not a work-related injury, so the company is not obligated to compensate.

    Article 14 of the Regulations on Work-related Injury Insurance An employee shall be deemed to have suffered a work-related injury if he or she has 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.

  9. Anonymous users2024-02-08

    If an employee has cancer during work, see if it has anything to do with the occupational disease, if it has nothing to do with the occupation, the company will not compensate you, because of your own reasons, the company will not give you a penny.

  10. Anonymous users2024-02-07

    If an employee gets cancer during work, if it cannot be proved that it is related to the occupational disease of the enterprise, then the enterprise will not be liable for compensation.

  11. Anonymous users2024-02-06

    All kinds of things that happen during work should be classified as work-related injuries, and such a sudden illness must be reasonably defined. Enterprises do not have to compensate, but they should take proper care of their employees.

  12. Anonymous users2024-02-05

    If an employee has cancer during work, the employer does not need to bear any responsibility for the employee if the cancer is not related to the employer. However, if the cancer is caused by work-related reasons, it can be treated as a work-related injury, and the employer shall be liable within the scope prescribed by law.

  13. Anonymous users2024-02-04

    The employee got cancer while at work. Businesses are, of course, liable. After all, the employee is sick during the course of work.

  14. Anonymous users2024-02-03

    Cancer is a kind of disease of its own, and if you get cancer during work, the company has no compensation, and the company has paid medical insurance to employees, so the expenses incurred can be reimbursed on the medical insurance.

  15. Anonymous users2024-02-02

    If an employee gets cancer while working, the company actually has no compensation, after all, it is your personal cause of cancer.

  16. Anonymous users2024-02-01

    Employees get cancer during work, because this is mainly caused by their own physical fitness, the company will not have any compensation, the company has paid social security to the employee, so the cost should be able to go to medical insurance.

  17. Anonymous users2024-01-31

    If an employee gets cancer during work, the company should compensate for it, so that the employee can have a greater sense of belonging.

  18. Anonymous users2024-01-30

    During the work, should the company have cancer? During work, should a company with cancer cultivate laundry detergent? The compensation is due to illness during work, so the company should bear part of the medical expenses.

  19. Anonymous users2024-01-29

    Should an employee compensate for cancer at work? I think if an employee gets cancer at work, the company will definitely be liable for compensation.

  20. Anonymous users2024-01-28

    During the work period, whether other cancer companies should compensate me that cancer does not necessarily mean that it is during the working period, because you can also get cancer in daily life, you can find out at work, but it does not necessarily mean who has cancer at work, and the company cannot compensate me.

  21. Anonymous users2024-01-27

    I come to you, if an employee gets cancer in the workplace, should the company compensate him? I think if I get cancer in the workplace, the company will have to pay for it.

  22. Anonymous users2024-01-26

    Should an employee compensate for cancer at work? I don't think companies should be compensated.

  23. Anonymous users2024-01-25

    You can check what caused it, and ask for compensation for work reasons.

  24. Anonymous users2024-01-24

    Employees with cancer are handled by the company as follows:

    1. Before the expiration of the medical period, notify the employee of the date of the expiration of the medical treatment period, and require the employee to return to work within a certain period of time after the expiration of the medical period. The words such as the notice of returning to the original post after the expiration of the medical treatment should be indicated on the quick detail sheet, and the mailing address shall be subject to the employee's home address stated in the labor contract;

    2. After the notice is issued, if the employee fails to return to work or continue to submit the sick leave certificate in accordance with the notice, the employer shall arrange another job for the employee and deliver the notice of alternative work arrangement to the employee in the same way. If the work is arranged separately, the work intensity and technical requirements should be lower than the original position, so as to reflect the reasonableness of the other work;

    3. If the employee refuses to do the appraisal or it is determined that the working ability is seriously damaged and cannot engage in the original work and the work arranged by the unit after the appraisal, the employer may, in accordance with the relevant laws, pay an additional month's salary in lieu of notice or notify the employee 30 days in advance, unilaterally terminate the labor contract and pay economic compensation to the employee.

    Legal basisArticle 42 of the Labor Contract Law of the People's Republic of China.

    Circumstances under which an employer may not terminate a labor contract] If an employee falls 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) 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 being confirmed to have lost or partially lost the ability to work;

    3) Illness or non-work-related injury, within the prescribed medical treatment period;

    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.

  25. Anonymous users2024-01-23

    If you have cancer during your work, if you think that your cancer is related to your work, you can apply for an occupational disease appraisal, and if it is identified as an occupational disease, you can request compensation from the employer, and the legal basis is the Law on the Prevention and Treatment of Occupational Diseases and the Regulations on Work-related Injury Insurance. If it is not related to your work and is not an occupational disease, the employee has no right to claim compensation from the employer, but medical expenses can be resolved through social security reimbursement to a certain extent. If the employer does not purchase social security for the employee, you can claim compensation for the loss caused to you that cannot be reimbursed.

  26. Anonymous users2024-01-22

    Hello, I got cancer while working. The main reason is whether the cause of cancer is caused by the work environment. If there is a direct relationship, it is necessary for the employer to compensate.

  27. Anonymous users2024-01-21

    See if there is a link between the work environment and cancer.

  28. Anonymous users2024-01-20

    Legal analysis: If you get cancer during work, it is a cancer caused by work, and it is an occupational disease, and the occupational disease work unit is to compensate according to the work-related injury, if it is not caused by work, the work unit will not make compensation, and the occupational disease needs to be identified. If the worker is dissatisfied with the arbitral award, he may file a lawsuit with the people's court in accordance with the law.

    If the employer is dissatisfied with the arbitral award, it may file a lawsuit with the people's court within 15 days from the date of completion of the occupational disease diagnosis and appraisal proceduresDuring the litigation period, the employee's ** expenses shall be paid in accordance with the channels stipulated in the occupational disease treatment.

    Legal basis: Law of the People's Republic of China on the Prevention and Treatment of Occupational Diseases

    Article 45 The diagnostic standards for occupational diseases and the methods for the diagnosis and appraisal of occupational diseases shall be formulated by the administrative department of health. The appraisal measures for the level of occupational disease and disability shall be formulated by the administrative department of labor and social security in conjunction with the administrative department of health.

    Article 46 The following factors shall be comprehensively analyzed for the diagnosis of occupational diseases: (1) the patient's occupational history;(2) History of exposure to occupational disease hazards and occupational disease hazard factors in the workplace;(3) Clinical manifestations and results of auxiliary examinations. If there is no evidence to deny the inevitable connection between the occupational disease hazard factors and the patient's clinical manifestations, it should be diagnosed as an occupational disease.

    The certificate of diagnosis of occupational diseases shall be signed by the licensed physician who has obtained the qualification to diagnose occupational diseases participating in the diagnosis, and shall be reviewed and sealed by the medical and health institution that undertakes the diagnosis of occupational diseases.

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