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Working in the property, the owner hit me and I fought back. Is it a work injury?
1. Applying to the Human Resources and Social Security Bureau (the former Labor Bureau) for work-related injury identification requires the company to report the accident within one month. If the company does not apply, the injured employee or his close relatives shall apply for appraisal within one year. Materials to be submitted: application form for work-related injury identification (generally downloaded from the website of the Labor Bureau), proof of labor relationship with the employer, medical diagnosis certificate, etc.
2, after treatment, disability and the injury is relatively stable, it shall apply for labor ability appraisal, and apply to the municipal labor ability appraisal committee (generally established in the Human Resources and Social Security Bureau at the same level);
3. According to different levels of disability, the compensation is different. The main compensation includes: medical expenses, one-time disability subsidies, one-time employment subsidies, one-time medical subsidies, wages during shutdown, food subsidies, nursing expenses, etc.
4. If the laborer has no evidence to prove the existence of labor relations, such as a labor contract, and cannot apply for work-related injury identification, he can apply for labor arbitration to confirm the existence of labor relations between you and the employer. After labor arbitration confirms the existence of labor relations, apply for work-related injury identification.
5. Regulations on industrial injury insurance
Fourteenth employees in any of the following circumstances, should be identified 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.
Fifteenth employees in any of the following circumstances, as a work-related injury:
(a) died of sudden illness during working hours and at work, or died within 48 hours after being rescued;
(2) safeguarding national interests and public interests in emergency rescue and disaster relief activities;
(3) An employee who was formerly in the army and was disabled due to war or business has obtained a revolutionary disabled soldier's certificate, and the old injury recurs after going to the employer.
Employees who fall under the circumstances mentioned in Items (1) and (2) of the preceding paragraph shall enjoy the treatment of work-related injury insurance in accordance with the relevant provisions of these Regulations; In case of item (3) of the preceding paragraph, the employees shall enjoy the treatment of work-related injury insurance in addition to the one-time disability allowance in accordance with the relevant provisions of these regulations.
Article 16 An employee meets the provisions of Articles 14 and 15 of these Regulations, but under any of the following circumstances, it shall not be deemed as a work-related injury or regarded as a work-related injury:
(a) Intentional crime;
(2) Being drunk or taking drugs;
(3) Self-mutilation or suicide.
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