Lijiang men's work injury until the nine -level disability, the company's unsuccessful insurance is not fully compensated!
Author:Lijiang Read Time:2022.09.25
As a worker, the usual salary of Reading Benjun is only enough to eat and drink. Fortunately, the company purchased five insurances and one gold on time.
But not everyone is as lucky as Reading Benjun. The little king to be said today was "pit" by the company, and finally went to court.
Men ’s work injury to the nine -level disability, but the company did not buy social security
Xiao Wang is an employee of Lijiangyi Company. He has signed the "Labor Contract" with the company from January 1, 2020 to maintain the maintenance.
Although the contract has been signed and Xiao Wang has begun to work normally, the company has not purchased social security for Xiao Wang.
In February 2021, Xiao Wang accidentally injured during his work and lived in the hospital for more than half a month. After Xiao Wang was injured, the company paid a medical fee of 20,000 yuan and a four -month salary of 12,000 yuan, and then refused to pay other expenses after Xiao Wang's injury.
The little king injured was seriously injured. After being identified by the Judicial Appraisal Center, the level of disability was rated as the nine levels. After applying for arbitration to the labor and personnel dispute arbitration committee, Xiao Wang made a arbitration award in the labor dispute arbitration department to confirm that Xiao Wang and the company had labor relations.
After that, the human resources and social security also found that Xiao Wang was a work injury, and the labor ability appraisal committee made an appraisal. Xiao Wang was a nine -level disability.
The little king mentioned arbitration to the Arbitration Commission, asking the company to pay the one -time disability subsidy, disposable work injury medical subsidy, disposable disability employment subsidy, salary salary period, medical expenses, and transportation expenses.
After a ruling of the labor and personnel dispute arbitration department, Xiao Wang filed a lawsuit on the court's ruling and other rulings and filed a lawsuit in the court.
The court tried that Xiao Wang was identified as a work injury due to work injury at work, and was rated as a nine -level disability. He could enjoy the corresponding work injury treatment according to law. As an employer, Xiao Wang's company has not paid the work injury insurance premiums for Xiao Wang in accordance with the law. The company undertakes.
According to relevant regulations such as the "Work Injury Insurance Regulations", the court judged that the company's average salary of the corresponding annual employees in Lijiang City was based on the average salary of the monthly monthly monthly salary, and the cost of compensation from Xiao Wang was more than 170,000 yuan. Damage to the demand of 30,000 yuan.
After watching this case, many netizens are curious. If the company does not purchase related insurance on the grounds of "cash is issued", what should I do if I have a work injury? As a worker, how should we protect their rights when we encounter an accident? Reading Benjun consulted Lawyer Zhang Guoyao of Tianwai Tian (Lijiang) Law Firm in Yunnan.
The employer to buy social insurance for workers is its legal obligation
Lawyer Zhang Guoyao introduced that in this case, the mental damage consolation is a personal damage compensation project, not the compensation project of work injury. Xiao Wang advocated that the psychological damage was indeed not evident in the law.
Secondly, Lawyer Zhang Guoyao believes that in this case, Xiao Wang, as a worker, accepted the company's management, abides by the company's labor discipline, and provides labor for the company, he should enjoy the rights and interests of the workers in accordance with the law.
According to the provisions of the "Social Insurance Law of the People's Republic of China", employers to buy social insurance for workers are legal obligations. The company's defense such as "obtaining workers' consent and issuing cash" does not stop its legal obligations.
At the same time, Mr. Zhang also reminded everyone that the legitimate rights and interests of the workers are protected by the law, and no organization or individual shall violate it. If they encounter any violations of any rights and interests at work, they must bravely borrow legal weapons to safeguard the legitimate rights and interests of the workers.
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