Job Recruitment Website - Property management - Legal help: on the seventh day of work, I didn't sign a labor contract, and my finger was pressed by the building door. Should I look for property or unit compensation?
Legal help: on the seventh day of work, I didn't sign a labor contract, and my finger was pressed by the building door. Should I look for property or unit compensation?
As for whether your injury is a work-related injury, the materials you gave are not detailed enough. Please refer to Article 14 of the Regulations on Industrial Injury Insurance. Workers in any of the following circumstances shall be recognized as work-related injuries:
(1) Being injured by an accident during working hours and in the workplace;
(two) before and after working hours, in the workplace, engaged in preparatory or finishing work related to the work and was injured by an accident;
(three) during working hours and workplaces, due to the performance of duties by violence and other accidental injuries;
(4) Suffering from occupational diseases;
(five) during the business trip, injured or missing due to work reasons;
(six) on the way to work, I was injured by a traffic accident or an urban rail transit, passenger ferry or train accident for which I was not primarily responsible;
(seven) other circumstances that should be recognized as work-related injuries as stipulated by laws and administrative regulations.
You should be able to judge whether this is a work-related injury.
If it is a work-related injury, you can apply to a qualified institution for appraisal, enjoy the treatment of work-related injury according to the level of disability, and ask the unit to pay related medical expenses, transportation expenses, wages during the shutdown (the unit should pay wages normally during the work-related injury, so there is no lost time fee), appraisal fees, etc. If the unit does not pay, it can apply for labor arbitration. As for whether the compensation for mental damage can be supported, the Regulations on Work Injury Insurance does not stipulate that it cannot be supported, but you can also try to mention it.
If it is not a work-related injury, you can claim tort liability according to the fault of both parties (you and the property) in the process of injury, and decide the proportion of compensation liability of both parties for various expenses, mainly your own safety care obligation and property management obligation. Whoever is at fault should be liable for compensation. If both parties are at fault, they shall bear the responsibility in proportion to the fault. As for the compensation items, all the above expenses can be included in the compensation items. With regard to compensation for mental damage, there are relevant provisions on compensation for mental damage in Tort Liability Law and the Supreme People's Court's Interpretation on Several Issues Concerning the Determination of Compensation for Mental Damage in Civil Tort, which can be supported by law.
The above are personal immature views, for reference only!
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