A man in Lijiang had a sixth level of disability during a business trip. Is this a work injury?

It is difficult to make money and difficult to work.

Although "happy to go to work, calm peace and peace" is the wish of each of us, but as a worker, we must also understand who should be responsible if unfortunately encountering work injuries?

Xiao Li is an employee of Lijiang 1 company. During a business trip in 2015, there was a traffic accident. The traffic police department was determined that the third person in the accident was all responsible.

A few months later, the Lijiang Municipal Bureau of Labor and Social Security made a work injury determination in accordance with the law. After identification, Xiao Li was a sixth level of disability, and the perpetrator Lao Yang made compensation.

Xiao Li's labor relationship with the company was maintained until 2018. It was found that his monthly average salary in 2017 was 6,126 yuan.

In July 2018, the company's written notice agreed to terminate the labor contract and paid more than 40,000 yuan in economic compensation. After that, Xiao Li went to the Social Security Bureau to complete the relevant procedures.

A few days later, Xiao Li sued the court and asked the company to make compensation for work injury insurance.

The company believes that according to relevant laws and regulations, the work injury determination of the traffic accident is to claim that the insufficient part of the traffic accident compensation must be supplemented by the Insurance Insurance Insurance Fund. Li should not skip the pre -procedure directly to prosecute.

Xiao Li has the right to get compensation from the company and the immigration at the same time

The court believes that Xiao Li is a third -party infringement other than the employer that causes personal damage to the workers, which constitutes a working injury. Workers are injured employees in work -related injuries and victims of infringement. For personal damage to infringement compensation, the per capita of employers and infringements shall bear the liability for their respective compensation in accordance with the law.

Xiao Li's one -time disability employment subsidy was identified as more than 18,000 yuan. The company's compensation paid to the plaintiff in July 2018 should be considered as part of the one -time disability employment subsidy, and deducted in more than 18,000 yuan, that is, the company should also pay the plaintiff 14,000 14,000 Yu Yuan.

In the end, the court ruled that the company paid more than 14,000 yuan for the one -time disability employment subsidy within ten days from the date of the judgment.

In daily life, under what circumstances are injured? How to claim work injury insurance? Based on the work injury accident caused by a third person, should we first ask the third party to request personal damage compensation for the right?

If unfortunately encounter work injury, how should we protect our legitimate rights and interests? In this regard, Reading Benjun consulted Lawyer Huang Rong, a lawyer in Tianwai Tian (Lijiang), Yunnan.

Under what circumstances is injured?

According to Huang Rong, Article 44 of the "Regulations on Work Injury Insurance" mainly includes the following types: in working hours and workplace, they are injured by accidents due to work reasons; The ending work is harmed by accident; in the working hours and workplace, it is injured by accidental injuries such as violence due to performance duties; those who suffer from occupational diseases; during the work of work, they are injured or the whereabouts of the accident are unknown due to work reasons. On the way to and from get off work, it was injured by motor vehicle accidents. Laws and administrative regulations should be identified as other circumstances of work injury.

How to claim work injury insurance?

The injured employees should claim the work injury insurance. The employer should first submit an application for work injury identification to the Labor Bureau within one month. If the unit does not apply, I personally write an application for a work injury identification and apply for work injury identification to the local labor bureau within one year.

The information to be submitted includes: application form for work injury identification; certification materials for labor relationships (including factual labor relationships) with employers; medical diagnosis certificates or occupational disease diagnosis certificates.

The Labor Bureau made a worker injury to determine that the injured person went to a qualified hospital for disability appraisal to the disability identification of the hospital to the Labor Bureau and the employer (it is best to copy a deposit by themselves). "Give the employer. The unit began to compensate, mainly including disability subsidies and medical expenses.

How to deal with the third person causes work injury accidents?

The work injury accidents caused by other people outside the employer (known as a third person) constitute a combination of infringement and work injury.

Therefore, in this case, Li Li enjoys the right to claim the claim for the damage of the person's physical injury due to the third party's infringement, and also enjoy the right to compensate the request for work injury insurance due to the work injury of infringement.

Labor has the right to claim compensation for work injury insurance to employers, and also has the right to claim personal damage compensation to the infringer.

Article 42 of the "Social Insurance Law of the People's Republic of China" stipulates that due to the reasons of a third party, the third party does not pay the medical expenses of work injury or cannot determine the third party.

At the same time, in accordance with the 2014 Supreme Council in the "Regulations on Several Issues on Trial of Work Injury Insurance Administrative Cases", it stated that employees were injured due to third parties. If the three filed a civil lawsuit or have not yet obtained civil compensation, and the prosecution requested that the social insurance agency to pay work injury insurance benefits, the people's court should support it. That is, whether employees ask for work injury insurance funds to pay for work injury treatment, and whether they are directly related to whether they claim to third parties. Workers can directly claim the compensation of work injury insurance. After the third party can get civil compensation, the workers can follow the "Work Injury Injury Injury Injury Injury Injury Injury Injury Injury. Article 37 of the Insurance Regulations stipulates that compensation for work injury insurance benefits to the working injury insurance agency, thereby supplement the part of the insufficient compensation of the third party.

Therefore, in this case, Li can apply for work injury insurance benefits directly to the company.Reading Benjun and Yunnan Tianwai Tian (Lijiang) Law Firm should remind everyone that it is not easy to work. If work injury occurs on himself, you must safeguard your legitimate rights and interests through regular channels.

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