How Does A Worker Get Hurt And How To Claim Compensation?

Chiang Kai Shek, a migrant worker in Tai'an, Shandong Province, said that in June of this year, when he was reinforcing bars at the construction site, he accidentally fell from the two floor to the first floor, causing injuries to his leg and wrist. He was hospitalized for two months, and the contractor paid a medical fee of nearly 30 thousand yuan.

But in recent months, the contractor has not paid wages. He has to borrow money from his workmates.

A few days ago, he asked the workers to pay their work-related injury compensation according to the industrial injury policy, but the other side procrastination for various reasons.

Mr. Chiang asked, "at the end of the year, the construction site is about to be completed. When the contractor heads off, which one will I pay for the work injury? How can I claim the relevant compensation?"

In view of the problems Jiang Shengxian encountered, Sichuan Chengdu migrant workers legal aid workstation duty lawyer Qing Rong said, according to the relevant provisions, during work hours, at work place injury, should be counted as.

。

Such as Mr. Jiang, it should be work-related injuries.

First of all, only when the employer fails to apply for industrial injury identification within the statutory time limit, the workers or their close relatives and trade union organizations can be applied as the main body in the second order. They should hold the application form for work-related injury identification, prove the existence of labor relations with the employer, prove the medical diagnosis or prove the occupational disease proof, and apply for the identification of industrial injury to the social insurance administrative department.

The second is the identification of labor capability. After the disability grade is down, it can directly apply for industrial injury insurance benefits.

In general, work-related injuries can be enjoyed by medical expenses, rehabilitation treatment fees, assistive tools, stoppages, salaries and nursing expenses. For those who are disabled, they are entitled to different disability allowance and disability allowance according to different disability levels.

。

Moreover, if employers purchase work-related injuries for workers and staff members,

The industrial injury insurance fund shall pay the relevant industrial injury treatment; if it is not purchased, the employer shall bear the corresponding expenses, and may directly sue the employing unit for payment of work-related injury insurance benefits.

If the employer does not pay, it can also apply for social insurance agencies to advance in advance from the industrial injury insurance fund in accordance with the provisions of the forty-first article of the social insurance law. After the payment, it can be paid to the employer according to the law.

Related links:

Chen argued that there was a labor relationship with a construction company in Yantai, but he could not submit effective evidence. Recently, Chen's appeal was rejected by the local labor dispute arbitration committee.

Chen said he was introduced to the construction company in 6 menstrual period in 2015, and was pferred to the Weifang Project Department of the company in August of the same year as the technical director.

In February 2016, the construction company's project manager telephoned and dismissed him.

Chen then filed a labor arbitration and asked for confirmation of labor relations with the construction company from August 2015 to February 2016. The construction company paid 44500 yuan of the double wage difference between August 2015 and February 2016.

In the court trial, Chen submitted the record book, the drawing joint examination record, the construction design plan audit form, the construction machinery rental contract and the handwritten salary form from August 2015 to February 2016.

The construction company denied that there was any labor relationship with Chen. At the same time, the evidence submitted by Chen was based on the photocopy of the Department, the printed part, or the company's official seal and no company name.

After the trial, the Arbitration Commission held that the first provision on the establishment of labor relations related matters (No. [2005]12 of the Ministry of labor and social work) stipulates: "the employer has not signed a written labor contract, but has the following circumstances.

(1) employers and workers comply with the main body qualifications stipulated by laws and regulations; (two) the labor rules and regulations formulated by the employing units according to law are applicable to labourers.

The labor management of the employing unit is engaged in remunerated labor arranged by the employing unit; (three) the labor provided by the laborer is an integral part of the business of the employing unit. "

The evidence submitted by Chen could not form an effective chain of evidence and could not prove its existence of labor relations with the construction company, so it did not support Chen's request.

As for Chen's request for double wage differential, it is based on the existence of labor relations on both sides, so it will not support it.

In the end, the Arbitration Commission ruled in accordance with the law to dismiss Chen's claim.

For more information, please pay attention to the world clothing shoes and hats and Internet cafes.