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This post was last edited by Du Xiaoping on 2015-8-16 09:32. Have you been injured while working at your employer? If you don’t, has it happened to any of your colleagues around you? If such a situation occurs, did you request that it be registered as a work-related injury? Besides filing a workers’ compensation claim, what other rights do you have? Multiple-choice question: The Work Safety Law stipulates that employees who suffer damage as a result of work-related accidents, in addition to being entitled to work-related injury insurance in accordance with the law, shall also have the right to receive compensation in accordance with relevant civil laws; such employees may file a claim for compensation with ( ). 1. The employer; 2. The department responsible for work safety supervision and management; 3. The agency handling work-related injury insurance; 4. The department of labor and social security. In accordance with Article 53 of the new Work Safety Law, employees who suffer harm as a result of work-related accidents have the right to claim compensation from their employer, in addition to the benefits provided under work-related injury insurance. This right to compensation also exists under relevant civil laws. The “civil laws” mentioned here refer to the General Principles of the Civil Law of the People’s Republic of China, the Contract Law of the People’s Republic of China, the Tort Liability Law of the People’s Republic of China, and others. Liability for compensation refers to the obligation of a person to use their own property to compensate the victim for the losses incurred when their actions cause damage to the victim’s property or person. This is the most common and widely applicable way to assume civil liability. In principle, the scope of compensation should include all actual losses suffered by the victim. In the case of production safety accidents, if work-related injury insurance cannot cover all the damages suffered by employees as a result of such accidents, and if the business entity is responsible for the occurrence of those accidents, then in addition to having access to work-related injury insurance under the law, employees also have the right to claim compensation from their employer. This provision means that, in addition to work-related injury insurance, employees may also receive corresponding civil compensation to maximize compensation for all damages suffered as a result of the accident. In practice, there is a view that once one has received compensation under work-related injury insurance, they cannot claim civil compensation anymore; this is incorrect
The Work Safety Law stipulates that employees who suffer damage as a result of work-related accidents, in addition to being entitled to work-related injury insurance in accordance with the law, shall also have the right to receive compensation under relevant civil laws; such employees may file a claim for compensation with (1. their own employer).
#Here, a quick reply: #One has the right to file a claim for compensation with (1) this organization.
This post was last edited by tclvjian on 2015-8-16 at 09:52. When I was working in a state-owned enterprise, my left eye was burned by alkali; I was hospitalized for half a month, and the medical expenses were covered by the company, but it did not report the injury as a work-related accident to the labor authorities. In fact, the company was at fault for giving multiple illegal instructions. Firstly, the protective goggles used for labor protection were not fully sealed, which allowed hot alkali to get into the eyes from the sides during construction. Secondly, the supervisors gave illegal orders to place blind flanges over the leaking high-pressure alkali pipes. Hehe, we had just started working at that time and didn’t know any of this...... So for this option, I chose: 1. Our own unit, 4. The Department of Labor and Social Security
4. Department of Labor and Social Security
Has the right to file a claim for compensation with (1, the respective organization).
¥, Ministry of Labor and Social Security,
Multiple-choice question: The Work Safety Law stipulates that employees who suffer damage as a result of work-related accidents, in addition to being entitled to work-related injury insurance in accordance with the law, shall also have the right to receive compensation in accordance with relevant civil laws; such employees may file a claim for compensation with ( ). 1. This unit