I am a decoration worker, and the decoration company and project manager come to us for decoration. I was injured at work, which should be regarded as a work-related injury, but we didn't talk to the

I am a decoration worker, and the decoration company and project manager come to us for decoration. I was injured at work, which should be regarded as a work-related injury, but we didn't talk to the decoration company and First of all, prove the labor relationship: although there is no labor contract, as long as it is proved that there is a factual labor relationship, compensation can still be made according to the compensation standard for work-related injuries:

Proof of factual labor relationship: factual labor relationship refers to the labor-employment relationship formed without written contract or effective written contract, and the labor-employment relationship reached through oral agreement. The confirmation of factual labor relations requires the existence of employment labor facts. The legal status of "factual labor relations" confirms that labor relations do not depend on the existence of written contracts, expands the scope of labor protection, imposes greater constraints on employers who do not sign labor contracts, and safeguards the legitimate rights and interests of workers.

How to judge whether a factual labor relationship has been formed? If workers find that the employer has not signed a labor contract with them, they should pay attention to collecting the following evidence in case of emergency.

(a) payment vouchers or records (payroll), the payment of various social insurance premiums.

(2) The work permit, service certificate and other documents that can prove the identity issued by the employer to the employee.

(3) Employment records such as Registration Form and Application Form filled out by employees.

(4) attendance records.

(5) Testimonies of other workers, etc.

Secondly, the compensation standard for work-related injuries is clarified: also known as the treatment standard of work-related injury insurance. Refers to the compensation items and standards that employees injured at work and relatives of employees who died at work should enjoy according to law. If the employees of the employing unit suffer from work-related injuries during the period when they did not participate in work-related injury insurance, the employing unit shall pay the fees according to the treatment items and standards of work-related injury insurance stipulated in the Regulations on Work-related Injury Insurance.

General industrial injury, specific compensation items and standards:

(1) medical expenses

1. Requirements: The expenses for the treatment of work-related injuries conform to the Catalogue of Work-related Injury Insurance Treatment Items, the Catalogue of Work-related Injury Insurance Drugs and the Hospitalization Service Standard of Work-related Injury Insurance.

2. Legal basis: Paragraph 3 of Article 30 of the Regulations on Industrial Injury Insurance.

3. Remarks: If the employer does not participate in work-related injury insurance, it is not necessary to go to a medical institution with a service agreement.

(2) Transportation and accommodation expenses

1. standard: The specific standard shall be stipulated by the people's government of the overall planning area.

2. Requirements: The medical institution shall issue a diagnosis certificate, and the handling institution shall agree that the injured workers shall seek medical treatment outside the overall planning area.

3. Legal basis: Paragraph 4 of Article 30 of the Regulations on Industrial Injury Insurance.

(3) Rehabilitation treatment fee

1. standard: the expenses for treating work-related injuries are in line with the Catalogue of Work-related Injury Insurance Treatment Items, the Catalogue of Work-related Injury Insurance Drugs and the Hospitalization Service Standard of Work-related Injury Insurance.

2. Legal basis: Article 30 (6) of the Regulations on Industrial Injury Insurance.

3. Remarks: According to local regulations, rehabilitation treatment needs to be evaluated by experts organized by institutions.

(4) Expenses for assistive devices

1. standard: standards for the quota of industrial injury AIDS in all provinces and municipalities directly under the central government.

2. Requirements: Artificial limbs, orthotics, artificial eyes, dentures and wheelchairs are installed due to the needs of daily life or employment.

3. Legal basis: Article 32 of the Regulations on Industrial Injury Insurance.

(5) paid shutdown

1, standard: the original salary and welfare are unchanged, and the unit will pay it monthly.

2. Requirements: Generally, the paid downtime shall not exceed 12 months; If the injury is serious or the situation is special, it may be appropriately extended upon confirmation by the Municipal Labor Ability Appraisal Committee with districts, but the extension time shall not exceed 12 months. Workers with work-related injuries who still need treatment after the expiration of paid shutdown shall continue to enjoy medical treatment for work-related injuries.

3. Legal basis: Article 33 of the Regulations on Industrial Injury Insurance.

4. Remarks: The paid shutdown period is determined according to the diagnosis certificate of medical institutions and the classified catalogue of paid shutdown in various places, but the determined departments and procedures are in accordance with local regulations.

(6) Nursing expenses

1. standard: (1) The employer shall be responsible for the care needed during the paid shutdown. (2) After assessment of disability, those who need nursing care and cannot take care of themselves completely shall be 50% of the average monthly salary of employees in the last year as a whole; Most people can't take care of themselves, and they should be co-ordinated according to 40% of the average monthly salary of ground workers; Part of the life can not take care of themselves, according to the average monthly salary of ground workers 30% as a whole.

2. Requirements: The living nursing fee is confirmed by the labor ability appraisal committee, and the injured workers enjoy it on a monthly basis.

3. Legal basis: Article 33, paragraph 3, and Article 34 of the Regulations on Industrial Injury Insurance.

(7) Disability allowance

One to four levels of disability treatment

1. standard: one-time disability allowance: 27 months salary for first-class disability, 25 months salary for second-class disability, 23 months salary for third-class disability and 2 1 month salary for fourth-class disability; Enjoy monthly disability allowance: 90% of my salary for first-degree disability, 85% for second-degree disability, 80% for third-degree disability and 75% for fourth-degree disability. If the actual amount of disability allowance is lower than the local minimum wage, make up the difference.

2. Requirements: Maintain labor relations and resign from work. Workers with work-related injuries who reach retirement age and go through retirement formalities will stop receiving disability allowance and enjoy basic old-age insurance benefits. If the basic old-age insurance benefits are lower than the disability allowance, make up the difference. Employers and employees pay basic medical insurance premiums based on disability allowance.

3. Legal basis: Article 35 of the Regulations on Industrial Injury Insurance.

4. Remarks: My salary refers to the average monthly payment salary 12 months before work-related injury or occupational disease. If my salary is higher than 300% of the average wage of employees in the overall planning area, it shall be calculated according to 300% of the average wage of employees in the overall planning area; If my salary is lower than 60% of the average wage of employees in the overall planning area, it shall be calculated according to 60% of the average wage of employees in the overall planning area.

Five or six levels of disability treatment

1, standard: enjoy one-time disability allowance: my salary is level 5 disability 18 months, level 6 disability 16 months; Retain the labor relationship with the employer, and the employer will arrange appropriate work. If it is difficult to arrange the work, the employer will pay the disability allowance on a monthly basis. The five-level disability accounts for 70% of my salary, and the six-level disability accounts for 60% of my salary, and the employer will pay the social insurance premiums that should be paid according to the regulations.

2. Requirements: If the actual amount of disability allowance is lower than the local minimum wage, the employer will make up the difference. Upon the employee's own request, the employee may terminate or terminate the labor relationship with the employing unit, and the employing unit shall pay the one-time work-related injury medical subsidy and disability employment subsidy according to the average monthly salary of the employees in the overall planning area at the time of termination or termination of the labor relationship (the specific standards shall be formulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government).

3. Legal basis: Article 36 of the Regulations on Industrial Injury Insurance.

4. Remarks: My salary refers to the average monthly payment salary 12 months before work-related injury or occupational disease. If my salary is higher than 300% of the average wage of employees in the overall planning area, it shall be calculated according to 300% of the average wage of employees in the overall planning area; If my salary is lower than 60% of the average wage of employees in the overall planning area, it shall be calculated according to 60% of the average wage of employees in the overall planning area.

Seven to ten levels of disability treatment

1. standard: one-time disability allowance: level 7 disability 13 months salary, level 8 disability 1 1 month salary, level 9 disability 9 months salary, 10 level 7 months salary.

2. Requirements: If the labor contract expires, or the employee himself proposes to terminate the labor contract, the employing unit shall pay him a one-time medical subsidy for work-related injury and a one-time disability employment subsidy according to the average monthly salary of the employees in the overall planning area at the time of termination or termination of the labor contract (the specific standards shall be formulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government).

3. Legal basis: Article 37 of the Regulations on Industrial Injury Insurance.

4. Remarks: My salary refers to the average monthly payment salary 12 months before work-related injury or occupational disease. If my salary is higher than 300% of the average wage of employees in the overall planning area, it shall be calculated according to 300% of the average wage of employees in the overall planning area; If my salary is lower than 60% of the average wage of employees in the overall planning area, it shall be calculated according to 60% of the average wage of employees in the overall planning area.

Treatment standard of work-related injury death

(1) Funeral allowance

Standard: The average monthly salary of employees in the overall planning area last year was 6 months.

(2) Pension for dependent relatives

standard

(1) According to a certain proportion of the employee's own salary, it is paid to the relatives who provided the main source of livelihood and were unable to work before his death.

(2) Spouse 40%, other relatives 30%, widowed elderly or orphans 10%.

(3) The sum of the approved pensions for dependent relatives shall not be higher than the wages of the employees who died at work.

Scope of supporting relatives

(1) Employee's spouse, children, parents, grandparents, grandparents, grandchildren, grandchildren, brothers and sisters;

(2) Children, including children born in wedlock, children born out of wedlock, adopted children and stepchildren with dependency, in which children born in wedlock and children born out of wedlock include posthumous children;

(3) Parents, including biological parents, adoptive parents and stepparents with dependency;

(4) Brothers and sisters, including brothers and sisters of the same parents, half-brothers, half-brothers, and stepbrothers and sisters who are dependent.

Conditions for applying for pension for dependent relatives

Rely on the workers who died at work to provide the main source of livelihood before their death, and have one of the following circumstances:

(a) completely lost the ability to work

(two) the spouse of the deceased employee, male over 60 years old, female over 55 years old.

(3) The parents of the deceased employee, male over 60 years old and female over 55 years old.

(4) The children of the deceased employees are under the age of 18.

(five) the parents of the deceased employee have died, and his grandfather has reached the age of 60 and his grandmother has reached the age of 55.

(6) Children of employees who have died or completely lost their ability to work, and their grandchildren are under the age of 18.

(7) The parents of the deceased employees have died or completely lost their ability to work, and their brothers and sisters are under the age of 18.

Stop enjoying pension benefits.

(1) has reached the age of 18, and has not completely lost the ability to work.

(2) Employment or joining the army

(3) The spouse of the deceased employee remarried.

(4) being adopted by others or organizations

⑤ dead.

Time to decide whether you are eligible for support.

If an employee dies at work, the qualification of his dependent relatives to enjoy pension benefits shall be verified according to the conditions when the employee dies at work.

(3) Work-related death benefits

(1) standard: death compensation and funeral expenses, the total of which is 20 times of the average annual salary of employees in the previous year.

(2) Requirements: First, the immediate family members of disabled employees who died at work during the period of unpaid leave enjoy the funeral subsidy, dependent family pension and one-time work death subsidy stipulated in the first paragraph of this article; Two, one to four disabled workers died after the expiration of the suspension of work, you can enjoy the funeral subsidy in the first paragraph (a) of this article and the pension for dependent relatives as stipulated in the second paragraph.

There is an accident when going out to work or the whereabouts of emergency rescue and disaster relief are unknown.

Treatment standard

1. If an employee goes out to work on business and has an accident or his whereabouts are unknown during emergency rescue and disaster relief, he will be paid as usual within 3 months from the month of the accident.

2 from the fourth month to stop the payment of wages, by the industrial injury insurance fund to pay a monthly pension to support relatives.

3, life is difficult, you can advance 50% of the one-time death pension.

4. If an employee is declared dead by the people's court, it shall be handled in accordance with Article 37 of the Regulations on Industrial Injury Insurance (Article 39 refers to the Regulations on Industrial Injury Insurance, not Article 37).

Finally, apply for industrial injury compensation: industrial injury compensation must go through three stages: industrial injury identification, labor ability appraisal and labor arbitration. Many migrant workers do not have labor contracts, work permits and other documents, and often need the identification of labor relations.

Work-related injury handling procedures The Regulations on Work-related Injury Insurance stipulates that:

1. If an employee is injured by an accident, the unit to which he belongs shall apply to the labor and social security department for work-related injury identification within 30 days from the date of the accident. If the employing unit fails to apply for work-related injury identification, the workers with work-related injuries or their immediate family members and trade unions may directly apply to the local labor and social security department for work-related injury identification within one year from the date of the accident injury.

2. During the shutdown, employees need to suspend work for medical treatment due to accidents at work. Under normal circumstances, the period of work stoppage with pay for injured employees shall not exceed 12 months. If the injury is serious or the situation is special, it may be appropriately extended upon confirmation by the Municipal Labor Ability Appraisal Committee with districts, but the extension time shall not exceed 12 months.

3. Identification of work-related injuries Workers' work-related injuries are relatively stable after treatment. Employers, employees with work-related injuries or their immediate family members shall apply to the municipal labor ability appraisal committee with districts for labor ability appraisal and nursing dependence degree appraisal, and provide work-related injury identification decisions and relevant information (medical records) of employees with work-related injuries.

The labor ability appraisal committee shall, within 60 days from the date of receiving the application, make a conclusion on labor ability appraisal according to the national standard GB/T 16 180-2006, and serve the conclusion on the applicant.

The employer and the injured employee or their immediate family members shall conduct appraisal, and issue the Employee Disability Certificate to the employee.

4. Work-related injury benefits are collected from local social insurance institutions according to the disability level.