Failure to protect rights due to work-related injuries
In recent years, with the rapid development of social economy, various types of work-related injuries have occurred frequently due to various reasons. It is a misfortune for workers to encounter work-related accidents. Only by safeguarding their rights in accordance with the law can workers receive due compensation and comfort for their physical and mental injuries. However, in real life, many victims of work-related accidents, either due to ignorance of laws and regulations or due to various concerns, have entered the misunderstanding of rights protection. The compensation they should have received has not been realized, and the benefits they should have received have not been realized. Vanished.
Mistakenly thought it was a work-related injury and mistakenly thought it was not a work-related injury
Case: At around 19:00 on July 12, 2005, an employee of a certain company, Wang, rode his motorcycle home after working overtime. He collided with a truck on a street not far from his home, resulting in seventh-degree disability. The traffic police department determined that the truck driver bore all the responsibility for the accident, and Wang was not responsible. However, due to the hit-and-run accident of the truck driver, Wang's compensation issue has not been settled. Wang believed that when the traffic accident occurred, he was neither at the workplace nor during working hours, and had nothing to do with the work-related injury, so he did not apply for work-related injury recognition. In September 2007, after legal education, Wang realized that his situation might be a work-related injury and hurriedly applied for it. However, it was too late. The application statute of limitations had expired and the labor administration department would not accept it.
Comment: Article 14 of the "Regulations on Work-related Injury Insurance" stipulates: "If an employee has one of the following circumstances, it shall be deemed a work-related injury: (1) During working hours and in the workplace, he or she is injured due to work-related accidents Injured... (6) Injured by a motor vehicle accident on the way to and from work. According to the provisions of Article 2 of the Ministry of Labor and Social Security's "Opinions on Several Issues Concerning the Implementation of the "Regulations on Work-related Injury Insurance", "Shanghai "On the way to and from get off work" includes not only the way to and from work for normal work, but also the way to and from work for overtime work, and the way to and from work for overtime work. "The way to and from get off work" includes the way to and from work for employees' normal work and the way to and from work for overtime work. On the way. "Injury caused by a motor vehicle accident" can be caused by an accident involving a motor vehicle driven or ridden by an employee, or caused by an accident involving another motor vehicle.
Misunderstanding and giving up the compensation due
Case: Li Rong joined a company in Guangdong in April 2007. He had only been working for a week when something happened. He was adding cement to the machine and accidentally dropped the cement bag into the machine. He quickly used his hands. After trying to fish out the bag, the bag failed to come out, and three fingers on his right hand were "swallowed" by the machine. After being discharged from the hospital, Li Rong was penniless. After being advised, he proposed a compensation of 100,000 yuan to his work unit. The leader of his work unit said that if you are willing to negotiate to the end, It can compensate you for more than 20,000 yuan in medical expenses. Hearing that it is extremely difficult to claim compensation for work-related injuries, Li Rong agreed after thinking about it. Later, Li Rong heard that a fellow villager who lost two fingers due to a work-related injury received 60,000 yuan through labor arbitration. After receiving work-related injury compensation, I realized that I had suffered a big loss.
Comments: Article 21 of the "Work-related Injury Insurance Regulations" stipulates: "An employee who is injured at work will have a disability that affects his work after treatment and the injury is relatively stable." If the employee has the ability to work, a labor ability appraisal shall be conducted." The labor ability appraisal refers to the grade appraisal of the degree of labor dysfunction and the degree of self-care impairment, which is divided into ten levels. If a worker is injured at work and causes labor dysfunction, the employer shall Pay appropriate disability benefits.
In addition, the employer should also bear medical expenses, hospitalization food subsidies, transportation and accommodation expenses, assistive device expenses, etc.
Misunderstanding No. 3: Forgetting tort compensation in determining work-related injuries
Case: Wang Lin was an employee of a company. In February 2006, he was injured in a traffic accident while taking a taxi on his way to work. Disabled. Wang Lin applied to the labor administration department for work-related injury recognition and received work-related injury insurance compensation. After receiving work-related injury compensation, Wang Lin did not know that he could also request infringement compensation from the taxi company. It was not until August 2007 that Wang Lin filed a traffic accident damages lawsuit with the court after being reminded by the taxi company. However, because the statute of limitations expired, his request failed to receive support from the court.
Comments: Work-related injuries co-operate with the tort of a third party other than the employer. A work-related injury insurance relationship is formed between the employee and the employer, and a legal relationship of tort debt is formed between the employee and the tortfeasor. Whether a work-related injury insurance relationship is established or not does not need to examine the cause of the accident. Similarly, the establishment of a tort debt legal relationship has nothing to do with whether the infringed party obtains work-related injury insurance compensation. Therefore, if a third party other than the employer causes personal injury to an employee through a tortious act, constituting a work-related injury, the employee has a dual subject identity - an injured worker in a work-related accident and a victim of a personal tort. Based on dual subject status, workers have the right to claim work-related injury insurance compensation from the employer, and they also have the right to claim personal injury compensation from the infringer.
Therefore, in order not to fall into the misunderstanding of rights protection after a work-related injury accident, first, we must learn more and ask more questions, and listen to the opinions of relevant professionals; second, we must dare to protect rights and not suffer losses, and we can only confidently take up legal weapons. , your legitimate rights and interests can be effectively protected.