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Labor service companies are afraid that workers will sue for work-related injuries

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Labor service companies are afraid that workers will sue for work-related injuries


        

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  • 2024-06-18 13:00:01

    Labor service companies are afraid of workers suing for work-related injuries. What should they do if workers suffer work-related injuries

    1. First, apply to the local labor department for identification of work-related injury, which is the premise of all problems. Without application for identification of work-related injury, no compensation can be obtained through work-related injury. If the unit does not apply, the individual employee must apply within one year from the date of injury;
    2. If the injury is identified as work-related injury, the medical expenses shall be paid in full by the employer after obtaining the work-related injury identification decision issued by the labor department, and the wages shall be paid according to the original treatment during the shutdown period (work-related injury treatment, rehabilitation period). The unit shall be responsible for the nursing needs during the shutdown period, and the food allowance during hospitalization shall be paid according to your local standards;
    3. After the injury is stable, you can apply for labor capacity appraisal, identify the level of industrial injury, and then claim disability compensation from the employer according to the level of disability;
    4. If the employer fails to perform the above obligations, the injured workers can complain to the local labor inspection team or directly apply for arbitration to the labor arbitration committee to safeguard their legitimate rights and interests!

    Legal basis

    Article 14 of the Regulations on Industrial Injury Insurance shall be deemed as industrial injury if an employee has any of the following circumstances:
    (1) Injuries caused by accidents during working hours and in the workplace;
    (2) Those who are injured by accidents while engaged in preparatory or finishing work related to work in the workplace before and after working hours;
    (3) Accidental injuries such as violence during working hours and in the workplace due to the performance of work duties;
    (4) Suffering from occupational diseases;
    (5) Injured due to work or missing due to accident during the period of going out for work;
    (6) On the way to and from work, he is injured by a traffic accident for which he is not primarily responsible or an urban rail transit, passenger ferry or train accident;
    (7) Other circumstances that shall be recognized as work-related injuries according to laws and administrative regulations.

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