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Luoyang lawyer: common work-related injury cases

Author: Published:2015-04-29 Views:330

Today, Luoyang lawyer and everyone together to discuss the problem of industrial injury, we are concerned about, let's look at the following case, we hope for a better understanding of the industrial injury.
Related injuries is the administrative department of labor under the legal authority of workers due to injuries (or suffer from occupation disease) whether the injury or injuries deemed given administrative affirmation. The law provides for a variety of situations of work-related injury, the determination of daily life common injury to find French finishing your example of the judgment.
One case: work, travel by the car
Ninth: according to the provisions of the sixth paragraph: "on the way to work, due to work injury or accident by motor vehicle accidents
Damage, should be identified as work-related injuries. " The fifth paragraph: "because during the work out, due to work injury or Xialuo Buming, should be recognized as work-related injuries."
Case two: for the self-employed work injury
According to the provisions of article second:: "this regulation is applicable to the administrative area of the province of all types of enterprises, individual businesses with employees, private non enterprise units, state organs, social organizations and institutions and the establishment of labor relations workers or employees."
Case three: work-related injuries, but did not do the work injury insurance units
Judge: count, related expenses paid by the unit
According to the provisions of article thirteenth:: "did not participate in the work-related injury insurance by the unit, the local labor security administrative departments in charge of work-related injury." Article fifty-second: "the employer fails to pay work-related injury insurance premiums for employees during the period, the occurrence of work-related injury, by the employer in accordance with the treatment of inductrial injury insurance project of this set of regulations and standards, to pay workers."
Case four: died of sudden illness at work
According to the provisions of the first paragraph of article tenth:: "in work time and work, sudden illness or death within 48 hours after she died as injury."
Case five: due to the work of workers suffering from SARS
Tenth: according to the provisions of the fourth paragraph: "the units assigned to the national epidemic and infectious diseases announced, regarded as work-related injuries."
Case six: in the unit canteen food poisoning
Tenth: according to the provisions of the third paragraph: "because of the working environment are toxic and harmful substances or cause acute poisoning in the unit canteen and hospital emergency treatment, and the health and quarantine departments at or above the county level verification, inspect with inductrial injury."
Case seven: an accident in the units of the organization in the game
Judge: as the case set
Based on the specific provisions of the draft: No, but the ninth provisions of the seventh paragraph: "the law, administrative regulations should be recognized as work-related injuries, and other circumstances" should be recognized as work-related injuries.
Case eight: Driver violation accident injuries
Judge: not
On the basis of: because the driver is a special type of work, the risk of large occupation. The traffic accident happened in the implementation of normal work caused casualties, identified by police departments or for secondary responsibility without responsibility, usually identified as work-related injuries, otherwise it is not recognized as work-related injuries, possibly compensation unit economic losses.
Case nine: white-collar desk fall cervical lumbar disease
Judge: not yet
According to relevant state: according to the interpretation of occupation disease diagnosis by national institutions, economic capacity and other constraints, cervical vertebra disease, hypertension and other diseases of periarthritis of shoulder and has not yet been officially included in China's 115 kinds of legal occupation disease category.
Case ten: let the leadership to accompany guests to drink drink disease
Judge: not
According to the provisions of article eleventh:: "drunken deaths may not be identified as work-related injuries or injuries deemed."