Each industry has its own risks, and the construction industry is more of a high-risk industry, many types of work operations have certain requirements for technology, if you are not careful, you will be injured, not to mention the occupational hazards caused by work.
However, being injured at work can be regarded as a work injury, and there will be compensation after the appraisal, which will greatly reduce our losses.
For many white-collar workers, they will sign a contract when they enter the job, have a certain understanding of the work injury, and can legally fight for their rights and interests, but many construction workers do not understand this field, most of them have not signed a contract, and they do not know what to do when they encounter this kind of thing.
In particular, there are many temporary workers and shock workers who have neither labor contracts nor registration procedures for entry, so if they are injured in this case, is it considered a work injury?
The following case, let's take a look at it~
Lao Chen is a carpenter, working at a construction site in Changsha, Hunan Province, on the morning of December 24, 2020, when Lao Chen was using a crowbar to remove the template at the construction site, he was injured by the crowbar rebounding and injuring his chest due to excessive force, and was later diagnosed by the hospital as a fracture of the left rib.
After that, Lao Chen applied to the Changsha Municipal Human Resources and Social Security Bureau for a work injury appraisal.
On April 11, 2021, the Changsha Municipal Human Resources and Social Security Bureau issued a "Decision on Recognition of Work Injury" on Chen Xing's application for recognition of work injury.
However, the company objected to the "Decision on The Determination of Work Injury", arguing that Lao Chen was a carpenter who was a temporary helper on the construction site, and had not signed a written labor contract with the company, nor had he gone through the entry registration procedures, and that the relationship between the company and Lao Chen was a temporary labor service relationship, and there was no labor relationship.
Therefore, an administrative reconsideration was initiated and an application was made to revoke the Decision on The Determination of Work Injury.
After accepting the investigation of the case, the reconsideration organ found that Lao Chen had been working as a carpenter on the project since September 2020, working 9 hours a day, and in fact had formed a relationship between management and management;
The carpentry labor provided by Lao Chen is an integral part of the company's business, and the company also pays Lao Chen labor remuneration, and even if there is no labor contract, the two form a de facto labor relationship.
Therefore, after the reconsideration organ, the Changsha Municipal Human Resources and Social Security Bureau was maintained to make a "Decision on The Determination of Work Injury" on Lao Chen's application for the recognition of work injury.
Subsequently, the company not only needs to bear all the medical expenses of Lao Chen, but also pays more than 90,000 yuan in compensation for work injuries.
Seeing the final result, Lao Chen was also relieved and said that he usually needed to learn more about labor law knowledge, so as to better protect his rights and interests.
I believe that many workers are the same as Lao Chen, the definition of work injury, the procedure of work injury appraisal, and administrative reconsideration are not well understood, and when they encounter a work injury, they are also confused, but from the above cases, it can be seen that as long as it can be proved that there is a de facto labor relationship between the two parties, even if there is no contract signed, it is possible.
Therefore, if the workers suffer a work injury, they can go to the local human resources and social security bureau to apply for a work injury appraisal, and apply for compensation according to the process
Transferred from Ji Gong's house