Hello, I'd like to ask what to do if I fell three times at work on the construction site and broke my ribs and nose. There is no labor contract, and the company has not signed a work-related injury. W

Hello, I'd like to ask what to do if I fell three times at work on the construction site and broke my ribs and nose. There is no labor contract, and the company has not signed a work-related injury. What should I do if I don't buy insurance? There is a premise, first apply for work-related injuries.

If there are only three rib fractures, if it can be identified as a work-related injury, it can generally be identified as Grade 10, and the national average can be between 35,000 and 50,000 yuan.

According to the Regulations on Work-related Injury Insurance, those who are injured by accidents during working hours due to work reasons can be identified as work-related injuries. Its core is "work reason". See Articles 14 and 15 of the Regulations on Industrial Injury Insurance for details.

It's a little annoying to mention the procedure of work-related injury identification. According to Article 18 of the Regulations on Work-related Injury Insurance, the following materials shall be submitted to apply for work-related injury identification: (1) Application form for work-related injury identification; (two) the existence of labor relations with the employer (including factual labor relations); (3) Medical diagnosis certificate or occupational disease diagnosis certificate (or occupational disease diagnosis certificate). The application form for ascertainment of a work-related injury shall include basic information such as the time, place and cause of the accident and the degree of injury of the employees. However, the "Regulations on Work-related Injury Insurance" and related supporting laws and regulations have clearly defined the compensation standard and the amount of compensation is legal.

You have no labor contract, payroll, etc. On the construction site with the company. You'd better confirm it first, then apply for arbitration to determine the labor relationship, and then go through the formalities of applying for work-related injury identification (the result will be available within 2-3 months after the application is accepted). I am also a migrant worker, and I know the bitterness of migrant workers working outside! Especially on the construction site, most migrant workers simply don't know how to safeguard their legitimate rights and interests, and they don't sign labor contracts when some unscrupulous foremen promise high salaries! I don't know whether the site where I work belongs to a construction company or whether the construction company contracts related services to a labor service company. In the event of an accident, I don't know which department to look for, but I will only take excessive actions or find the local government! The local government does not care, but it can't!

Rights and obligations are equal, you have to be obliged to produce some evidence! The simplest point is which construction company the site belongs to, and it is necessary to confirm whether the labor service is contracted to the labor service company! After confirmation, if there is no labor contract, you should at least confirm the labor relationship first (to put it bluntly, the main body of losing money is the construction company or the labor service company, or the contractor under the labor service company). If you have time to find the government, it is better to consult the local labor and social security administrative department to confirm the labor relationship first, and then apply for work-related injury identification after confirmation. Whoever advocates proof must find some evidence by himself. Remember, in the name of the employer, apply within 30 days from the date of the accident, and the injured person himself within one year.

Secondly, after getting the work-related injury decision, do the labor ability (disability level) appraisal. Well, it depends. Generally speaking, after the treatment, you apply for identification. In general, the results can be obtained within 60 days after submitting the materials.

The third is to calculate compensation after getting the disability level. The Regulations on Work-related Injury Insurance and related supporting policies clearly stipulate compensation. As long as the policies of the supervision, arbitration and work-related injury identification departments of the administrative department of labor and social security are more familiar than lawyers, they are all free.

Generally speaking, as long as the work-related injury is identified (that is, there is a work-related injury determination decision) and the grade appraisal document is obtained, according to the grade, the work-related injury benefits that workers with work-related injuries can enjoy are as follows:

Workers with work-related injuries can enjoy work-related injury benefits, including medical care, disability AIDS, wages during unpaid leave, nursing expenses, disability benefits, etc. Among them, medical treatment includes medical expenses, hospitalization expenses, rehabilitation fees, registration fees, hospital food subsidies, transportation fees, accommodation fees, etc. required for qualified off-site treatment. Nursing expenses are paid according to three different levels: life can't take care of itself at all, most of life can't take care of itself or some of life can't take care of itself. Disability treatment varies according to the evaluation results of disability appraisal procedures: the degree of disability is rated as seven to ten, and a one-time disability allowance is given. If the labor employment contract expires, or the employee himself proposes to terminate the labor employment contract, he shall be given a one-time medical subsidy for work-related injuries and a one-time disability employment subsidy. The specific payment standard is subject to the approval of the social security department.

This is the correct solution (within the scope permitted by policies and laws, the compensation amount is also the highest).

If you don't want to do this, you can sue the court for personal injury compensation (you also need to confirm whether the main body of losing money is the construction company or the labor service company or the contractor under the labor service company).

If it is no longer possible, you can also obtain the support of the administrative department of labor security and negotiate with the construction company, labor service company and boss (foreman). But this can only be negotiated within the scope permitted by laws and policies. The law is cold, but the heart is hot. Within the scope permitted by the policy, many things can be easily solved through consultation.

I've been talking for a long time, hoping to help you a little.

Further reading: How to buy insurance, which is good, and teach you how to avoid these "pits" of insurance.