Case Analysis (10): How do you make the decision?
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This post was last edited by slll611 on 2016-3-18 at 11:53. Case: Employee Tian started working at a certain company in March 2012; he was injured at work in May, and the municipal labor ability assessment committee classified Tian as having a disability of grade four. After the medical treatment was completed in July, the employer paid Tian a one-time compensation of 200,000 yuan. Tian believed that he had been injured at work and that the compensation provided by his employer was too low. In August of that year, Tian reported to the county’s human resources and social security authorities that the company did not possess a business license, and he filed an arbitration claim with the county labor dispute arbitration committee, seeking to protect his legitimate rights regarding work-related injury insurance. If you are the relevant department, how do you make the decision?
It is beyond doubt that Tian suffered an injury at the workplace during working hours, which constitutes a work-related injury. Mr. Tian can apply for arbitration to the county labor dispute arbitration committee in order to protect his legitimate rights and interests regarding work-related injury insurance. The relevant departments should investigate and verify the issues raised by Mr. Tian, and handle them accordingly
It is beyond doubt that Tian suffered an injury at the workplace during working hours, which constitutes a work-related injury. Mr. Tian can apply for arbitration to the county labor dispute arbitration committee in order to protect his legitimate rights and interests regarding work-related injury insurance. As for whether the company is operating illegally, the relevant authorities should investigate and verify the issues raised by Mr. Tian, and take appropriate action
This post was last edited by wang*nhua77020 on 2016-3-13 at 18:57. Enterprises without a business license are not legal employers; employing workers in such enterprises constitutes illegal employment. If workers are injured at work, compensation shall be provided in accordance with the provisions of the Ministry of Labor’s \"Regulations on One-Time Compensation for Injured or Deceased Workers in Illegal Employing Entities\". The assessment of work capacity in cases of illegal employment is carried out in accordance with the principle of territorial jurisdiction, by the municipal work capacity assessment committee located in the area where the employer is situated. For employees of entities engaged in illegal employment who suffer injuries in accidents, the living expenses during the period of treatment prior to the work capacity assessment are determined based on the average monthly wage of employees in the region covered by the work injury insurance scheme for the previous year. Medical expenses, nursing costs, meal allowances during hospitalization, as well as any necessary transportation costs, are determined in accordance with the standards and scope specified in the Regulations on Work Injury Insurance. The compensation for disabilities resulting from illegal employment is calculated based on the average annual wage of employees in the region where work-related injury insurance is administered in the previous year; for a grade 4 disability, the compensation amounts to 10 times that amount. All compensation related to illegal employment must be paid by the entity that engaged in such illegal practices. In summary, the company should pay around 200,000, which seems reasonable ； In the case of illegal business operations, the relevant authorities should conduct an investigation and take appropriate action
Support the protection of their legitimate rights and interests regarding work-related injury insurance.
The company does not have a business license. It constitutes illegal employment; the company’s payment of 200,000 yuan represents a private settlement.
Tian was injured at the workplace during working hours, which should be considered an occupational injury. Provisions regarding the classification of work-related injuries Article 14: An employee shall be recognized as having a work-related injury under any of the following circumstances: (1) Suffering an accident injury due to work reasons during working hours and in the workplace ； (II) Suffering an accident injury while carrying out preparatory or concluding work related to the job inside the workplace before or after working hours ； (III) Suffering accidental injuries such as assaults while performing job duties during working hours and in the workplace ； (IV) Those suffering from occupational diseases ； (5) Injuries sustained due to work reasons or disappearance in an accident while on a business trip ； (6) Suffering injuries in a traffic accident or an accident involving urban rail transit, passenger ferries, or trains on the way to or from work, where the individual is not primarily at fault ； (7) Other circumstances stipulated by laws and administrative regulations to be recognized as work-related injuries.