Countermeasures and prevention of work-related injury fraud in construction sites?

What are the specific contents of the response and prevention of work-related injury fraud in construction sites? Zhong Da Consulting will answer your questions below.

Work-related injury fraud, as its name implies, is that criminals use work-related injury accidents to defraud medical expenses or employers to pay high compensation. However, there are frequent cases of work-related injury fraud in construction sites, which are difficult for public security organs to detect because of their cruel means of committing crimes, strong concealment and great social harm, causing great damage to the interests of the state, the collective and the people. Therefore, the relevant departments must join hands to prevent and crack down on the crime of industrial injury fraud, and the construction project departments should also be fully vigilant to ensure the healthy development of the construction market economy.

First, the characteristics of work-related injury fraud in construction sites:

1. Gangs commit crimes with clear division of labor.

Often, one person acts as a "victim", while the other accomplices or their families, fellow villagers, referees and even "legal professionals" perform their duties and play a role in all aspects. Moreover, in this case, victims can also be divided into two categories: one is lured in by fraud gangs with money as bait, and beaten and disabled by external forces on the premise of good health, that is, self-mutilation and deception; The other is that criminals use their old diseases such as broken bones and dislocated vertebrae to pretend to be injured, and then other associates negotiate with their employers for fraud.

2. In case of an accident, ask for reconciliation.

In the work-related injury fraud, the injured family members or fellow villagers will eventually propose to solve it privately, instead of forcing the employer to report to the labor and social security department in accordance with the laws and regulations on work-related injuries, and then go through legal procedures. Because criminals engaged in work-related injury fraud are all for the purpose of "making money" and have mastered the psychology that construction employers are most afraid of accidents, employers often agree to the private scheme proposed by the "injured" to solve the problem with high compensation in order to avoid trouble.

3. High mobility and continuous crime.

After the fraud is successful, criminals will make persistent efforts in the case of the injured, often appearing in various construction sites, so they cheat again. Not only the means and methods are the same, but even the players have not changed much.

4. Forcing and obstructing the construction

If the "relatives of the injured" in criminal gangs fail to achieve the expected purpose in compensation negotiations, they will pester their associates to gather people to make trouble, hinder the normal operation of the construction site by beating, smashing, robbing and disturbing, and put pressure on employers to extort money.

Second, the causes of work-related injury fraud cases in construction sites:

1. The employer and the person in charge of the construction site have not closed the recruitment.

So far, most construction sites are sloppy in recruiting employees. Especially in the case of short construction period and shortage of workers, we will relax our vigilance. If you come to work by yourself, just look at the ID card registration. For fellow villagers introduced by site workers, they can go to work immediately without even looking at their ID cards, not to mention recruiting people in the formal labor market. It is also impossible to ask the other party to provide three certificates before going to the public security organ to file a case.

2. The employer and the person in charge of the construction site have weak legal awareness.

Although the state expressly stipulates that employers must sign labor contracts with migrant workers, some units are afraid of trouble and can't delay any longer. Construction enterprises often refuse to participate in industrial injury insurance for migrant workers on the grounds of great mobility.

3. Unable to find and save relevant valid evidence.

In all such cases detected, criminal gangs will slam the arm of the "injured" with steel pipes before the incident, causing fractures. Therefore, when the "injured" fell or fell from a height at work and was taken to the hospital for filming, the hospital gave the result of a fracture, and it was impossible to specify whether the fracture was a new injury or an old disease, which also made criminals have loopholes to drill and the employer was in a very passive state.

4. The temptation of high industrial injury insurance compensation.

With the promulgation and implementation of the new "Labor Insurance Regulations" in Shanghai, various localities are gradually improving the relevant systems of compensation for industrial injury insurance. The substantial increase in the amount of work-related injury insurance claims has made some lawless elements eager to make an "article" on work-related injury insurance claims. When the injured were young, they demanded compensation of 10,000 yuan and 8,000 yuan. Many lions demanded 100,000 yuan or even hundreds of thousands.

5. Cheating skills are low, risks are low, and money is easy to get.

The implementation of industrial injury fraud does not require too much investment, nor does it require too much camouflage or equipment preparation. A group of people can "go to work" as long as the division of labor is clear and the organization is in place.

6. There is no clear legal basis for investigating work-related injury fraud.

In China's current laws and regulations, only the Regulations on Work-related Injury Insurance gives a detailed description of the identification, compensation and handling of related work-related injuries, but there is no clear stipulation on the punishment for fraud by using work-related injuries. Article 266 of China's criminal law only points out that the crime of fraud refers to the act of defrauding a large amount of public and private property by fabricating facts or concealing the truth for the purpose of illegal possession. However, there is no detailed description of the punishment scale for using work-related injury fraud, which will also lead to different sentencing in the trial process of local courts, giving criminals an opportunity.

Third, how to prevent the occurrence of work-related injury fraud cases.

First of all, all walks of life should attach great importance to it, especially the construction site, and the employment should be standardized and strictly controlled. When the site is in urgent need of recruiting people, it should not be taken lightly. To take the three certificates, if possible, go to the local public security organ for the record and investigate whether this person has a criminal record. Sign labor contracts for all migrant workers and pay industrial injury insurance for all migrant workers on site before construction. Only in this way can we safeguard our own legitimate rights and interests while protecting the rights and interests of others.

Once an industrial accident occurs, the injured person must be sent to the hospital for treatment, and at the same time, a special person should be assigned to carry out on-site protection, investigation and evidence collection at the scene of the accident to obtain first-hand information. If the relatives of the other party gather to fight, smash, rob or threaten, and the construction site can't work normally, they should report the case to the public security department in time for help. After an industrial accident occurs at the construction site, when the family members of the injured come forward to seek a solution to this matter, they should not worry, but report to the labor and social security department according to law, and the labor and social security department will make a determination on whether it belongs to the industrial injury. After the end of medical treatment, the injured person may apply to the labor ability appraisal committee for disability grade appraisal. Only effective work injury identification and labor ability appraisal can determine the amount of compensation, and litigation is only a way to solve disputes, and it is not a shameful thing. Doctors should pay special attention to invisible injuries such as spinal fractures of the injured, because old injuries have scars like X-rays. In addition, the "injured" should be vigilant and make compensation through normal channels when they are unwilling to be hospitalized and eager to make one-time compensation. For some suspicious industrial accidents, report to the higher authorities and public security departments in time.

Secondly, construction employers should establish anti-fraud awareness. When encountering this kind of "work-related injury" of self-harm and cheating money, we must act according to legal procedures and take all work-related injuries seriously. Liars are generally guilty people. When they see that others have doubts about him, they dare not continue to fight and will leave immediately. This can also make the liar's tricks fail. Otherwise, the loss will not only be tens of thousands of yuan, but also provide opportunities for greater criminal activities in the future.

At ordinary times, employers should give priority to prevention and strengthen legal publicity for migrant workers from the source. They can use carriers such as schools for children of migrant workers to enhance their legal awareness through teaching and learning, so that they can correctly handle the relationship between rights and obligations and distinguish right from wrong. Facing the temptation of money, we should know how to control our behavior correctly and reduce the germination of criminal consciousness from the ideological source. Even if the idea of crime is generated under the temptation of the outside world, there is enough moral quality to restrain the further development of criminal consciousness and prevent the occurrence of crime.

The author also believes that medical personnel can also be sent to conduct a simple physical examination on the spot to check whether people's limbs are normal and whether their bodies are injured, so that those who fill the old diseases with new injuries can be eliminated at the first level. Of course, it is also essential for employers to strengthen management and enhance employees' awareness of safe operation procedures.

Finally, the political and legal departments should take new and effective countermeasures to curb the occurrence of such cases while intensifying the crackdown.

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