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Is it necessary to comply with the Administrative Measures for Industrial Injury Treatment of Power Companies?

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Is it necessary to comply with the Administrative Measures for Industrial Injury Treatment of Power Companies?


        

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  • 2024-06-10 09:00:49

    It needs to be strictly observed. If the employee working in the power company is injured due to work and needs treatment, the power company shall pay the costs involved in accordance with the law, otherwise the employee has the right to apply for labor arbitration.

    List of contents of this article:

    1. Does the power company need to comply with the management measures for safety injury treatment? 2. What is the standard of industrial injury compensation in Jinhua City? 3. The injured employee must have a labor relationship with the employer (signing a labor contract or having a de facto labor relationship).

    Does the power company need to comply with the management measures for safety injury treatment?

    It needs to be strictly observed. Industrial injury compensation refers to the compensation obtained by employees due to industrial injury accidents or occupational diseases, including medical expenses, rehabilitation expenses, hospitalization food subsidies, one-time disability subsidies, labor capacity appraisal fees and other expenses for treating industrial injuries. The Employer and employees shall abide by the laws and regulations on production safety and occupational disease prevention, implement the safety and health regulations and standards, prevent industrial accidents, and avoid and reduce occupational disease hazards.

    What is the standard of industrial injury compensation in Jinhua City?

    The compensation standard for industrial injury in Jinhua City is determined according to different compensation items, such as medical expenses, hospitalization food allowance, living expenses, etc., which are determined according to the actual expenditure.

    The standard of industrial injury compensation is also called the standard of industrial injury insurance benefits. It refers to the compensation items and standards that shall be enjoyed by the relatives of injured workers and dead workers according to law. If an employee of the Employer suffers from work-related injury during the period when he/she does not participate in work-related injury insurance, the Employer shall pay the expenses according to the work-related injury insurance treatment items and standards specified in the Regulations on Work related Injury Insurance.

    The compensation items provided by the compensation obligor to the victim in the industrial accident include: medical expenses, food allowance for the injured during hospitalization, living care expenses, wages during the industrial injury period, transportation and accommodation expenses, auxiliary equipment expenses, one-time disability allowance, disability allowance, one-time industrial injury medical subsidy, one-time disability employment subsidy, etc. The disability levels are different, Compensation items are also different. The amount of Jinhua industrial injury compensation is determined according to the relevant statistical data of the previous year published by the government statistics department. Therefore, when calculating the compensation amount of Jinhua, the parties should check the relevant data to determine the calculation standard of compensation items.

    The injured employee must have a labor relationship with the employer (signing a labor contract or having a de facto labor relationship).

    According to the provisions of the Notice of the Ministry of Labor and Social Security on Matters Related to the Establishment of Labor Relations, the employer can refer to the following vouchers when determining whether there is a labor relationship between the two parties without signing a labor contract with the worker:

    1. Salary payment certificate or record (payroll of employees), record of payment of various insurance premiums;

    2. The work card, service card and other certificates issued by the employer to the workers that can prove their identity;

    3. Employment records such as recruitment registration form and application form of the employer filled by the laborer;

    4. Attendance records;

    5. Testimony of other workers, etc.

    The employer shall bear the burden of proof for the relevant vouchers in Items 1, 3, 4 and 4. If a dispute arises between a worker and an employer over whether there is a labor relationship, they may apply to the labor dispute arbitration committee with jurisdiction for arbitration.

    If there is any unclear or new situation, we suggest you directly ask questions online to understand the situation of the communication case. The idle lawyers of the intelligent matching platform will give you detailed and targeted answers, and try to explain the general situation to avoid incorrect answers due to incomplete information and poor communication. I wish success in safeguarding human rights.

  • company law Relevant knowledge

  • law

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