? Temporary workers? Is there any work-related injury treatment for being injured at work?
The enterprise didn't sign a labor contract and pay social insurance, did it? Temporary workers? If you are injured at work, should the enterprise give you work-related injury treatment? The answer is yes. Recently, Liaocheng Shenxian Court concluded such a labor dispute case, and ruled that enterprises should pay compensation totaling more than 90,000 yuan to the injured according to law.
Wang, from March 20 10 to now, works in an enterprise in Shenxian county. When he joined the company, the company did not sign a labor contract with him, nor did it pay various social insurance premiums. 20 1 10 One day in June, Wang was involved in a machine used at work and was unfortunately injured. After being hospitalized for two months, the enterprise paid for the hospitalization expenses.
After leaving the hospital, Wang's injury was identified as a partial seven-level disability by a judicial appraisal agency. The Labor and Personnel Dispute Arbitration Commission also determined that Wang's injury was in line with the scope of work-related injury identification, and the Labor Ability Appraisal Commission also determined that Wang's injury reached level 7 of labor dysfunction. Subsequently, Wang asked the enterprise to pay work-related injury insurance benefits on the grounds of work-related injuries. The enterprise thinks that Wang is an informal person and does not recognize this. Therefore, there was a dispute between the two sides and the negotiation was fruitless. Wang sued the enterprise to the court.
After hearing the case, the court held that the employer established a labor relationship with the employee from the date of employment, and whether the enterprise signed a labor contract with the employee did not affect the factual labor relationship between the two parties. According to the Labor Law of People's Republic of China (PRC) and the Regulations on Industrial Injury Insurance, the plaintiff has the right to enjoy the treatment of industrial injury insurance. If Wang's enterprise fails to participate in work-related injury insurance according to law, it shall pay the fees according to the items and standards of work-related injury insurance treatment stipulated in the Regulations on Work-related Injury Insurance. On this basis, the court ruled that the enterprise paid Wang the lost time, one-time disability allowance, one-time work-related injury medical subsidy, one-time disability employment subsidy, hospital food subsidy, nursing expenses and other expenses during the period of suspension with pay, totaling more than 90,000 yuan.
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