Legal analysis: case summary: on April 17, 2010, Zhang was recruited into xx electromechanical limited liability company, specifically as a paint technician position, Zhang's monthly salary of 3000 yuan, the company did not sign a written labor contract with Zhang and did not handle the social insurance in accordance with the law. At about 9:00 a.m. on June 18, 2010, when Zhang Mou was working beside the sandblasting tank in the company's factory for sandblasting and pressure adjustment, the accident was caused by a sudden explosion of the sandblasting tank, which resulted in serious injuries to Zhang Mou's left calf and other parts of his body. After the accident, Zhang was sent to an orthopedic hospital in Xi'an for treatment, and was diagnosed as: 1) left Menzies fracture, 2) right radial tuberosity and navicular fracture, 3) complete severance of the end of the right index finger, 4) extensive skin contusion of the upper limbs, 5) right distal ulnar radius fracture and dislocation of the lower ulnar radius joint. During the hospitalization period, the company has paid all the medical expenses and the corresponding hospitalization and discharge nursing fee, transportation fee, hospital meal allowance, auxiliary apparatus fee, appraisal fee and other expenses. However, Zhang asked the company to declare their own work injury, the company only verbal perfunctory recognition belongs to the work injury, but always refused to declare the work injury to the labor administration department.
Shaanxi renhe wanguo law firm wangke lawyer as zhang mou's lawyer, according to the labor administration department of labor injury recognition application, on January 26, 2011, mo human resources and social security bureau according to the law made 2011 no. 5 decision of injury, according to the law of zhang mou received accidental injuries as work injury.
On May 12, 2011, Zhang was assessed by Xi'an Labor Capacity Appraisal Committee in accordance with the law, the disability grade of eight, belonging to the partial loss of working capacity due to work, confirmed the period of work stoppage with pay for 12 months, on November 28, 2011, confirmed by the Xi'an Labor Capacity Appraisal Committee to extend the period of work stoppage with pay for another three months.
After the appraisal conclusion was made, Zhang and the company on the treatment of his work-related injuries due to repeated consultations, Wang Ke lawyers as Zhang's attorney to the Labor Dispute Arbitration Commission in accordance with the law to apply for arbitration.
Legal basis: "the Chinese people's *** and the state social insurance law"
Article 38 of the following expenses incurred due to work-related injuries, in accordance with state regulations, from the work-related injury insurance fund:
(a) treatment of work-related injuries of the medical expenses and rehabilitation costs (b) hospital food subsidies (c) outside the co-ordination area to seek medical treatment of the transportation and accommodation costs (d) the installation of configuration of disability (e) living care expenses confirmed by the Labor Capacity Appraisal Committee for those who cannot take care of themselves (f) lump-sum disability benefit and monthly disability allowance for Grade 1 to 4 disabled workers (g) lump-sum medical benefit upon termination of the labor contract or its dissolution (h) funeral grant, dependent family pension and death grant for those who died at work and whose survivors are entitled to receive them (ix) Labor capacity appraisal fee.
Article 39 The following expenses incurred as a result of work-related injuries shall be paid by the employer in accordance with the state regulations:
(1) Wages and benefits during the period of treatment of the work-related injuries (2) Monthly disability allowances received by the workers with fifth- or sixth-degree disabilities (3) One-time disability employment benefits to be enjoyed in the event of termination or dissolution of the labor contract.
Article 41 If the employing unit where the employee works fails to pay the work injury insurance premiums in accordance with the law, and the accident occurs at work, the employing unit shall pay the work injury insurance benefits. If the employer fails to pay, the first payment shall be made from the Work Injury Insurance Fund.
The work-related injury insurance treatment paid in advance from the work-related injury insurance fund shall be reimbursed by the employer. If the employer fails to make the repayment, the social insurance administrative organization may recover the compensation in accordance with the provisions of Article 63 of this Law.