I two aunt work in a hotel, living in the hotel staff inside the dormitory, at work because the dormitory above the stairs with water, leading to my two aunt slipped the waist fall, I would like to count the work injury?
Now the hotel side that is not the work injury, they said that if the car was injured can be considered an industrial injury, their fall is not an injury, but out of humanitarian care, willing to pay part of the treatment fee, about 2,000 other follow-up costs But I did not bear the reason why the two aunt fell because the hotel's stairs due to water, is not the responsibility of the hotel? The hotel's argument makes sense?
This is indeed not work injury; as the stairs have to fall to see a few water, mainly staircase itself decoration, width, guardrail, etc. are in line with the relevant norms, how is the water. If the long-term or often have water to do the necessary attention duty slogan reminder.
You can apply for work injury that the employer does not apply, employees or employees can apply for work injury relatives.
The case description is blurred. 1, whether the staff quarters in the hotel building, or belong to the hotel, but not in the hotel building. To be clear whether the workplace or rest place injured. 2, fall time is the way to work or within working hours. Only by clarifying the time and place can we analyze whether or not it belongs to work injury according to the circumstances of Article 14 of the Work Injury Insurance Ordinance.
Hello! My analysis is as follows: First, under the provisions of Article 14 of the Industrial Injury Insurance Ordinance, the employee shall be identified as a work injury in any of the following circumstances: (1) In the course of work and workplace, (B) in the workplace, in the workplace, engaged in work-related preparatory or end-of-life work by the accident; (c) in the working hours and workplace, due to the performance of duties by violence and other accidental injury (6) on the way to work, by the traffic accident which is not the primary responsibility of the person or the urban rail transit, the traffic accident of the city or the like, (7) other circumstances where the provisions of laws and administrative regulations shall be recognized as work injury. Second, combined with the above provisions, I think your family is in line with the situation of work injury, but if the other party does not recognize that need to provide evidence of the existence of labor relations (including labor contracts, wage cards, work cards, etc.); , With the above evidence, you can apply to the local labor administrative department for work injury. Fourth, after the work injury, you can apply for labor arbitration; hope my answer to help you ... ...
If it is working hours, in the action unit fell, calculate the work injury. Otherwise not work injury.
According to the provisions of Article 14 of the Work Injury Insurance Regulations, the employee shall be identified as an industrial injury if any of the following circumstances is incurred: (1) Injured by the accident at work time and in the workplace; (2) Working hours (3) In the workplace and in the workplace, accidental injury is caused by the performance of the job duties; (4) the occupational injury caused by the work or the work of the workplace; (6) on the way to work, by the non-self-primary traffic accident or urban rail transit, passenger ferry, train accident damage; (6) on the way to work, (7) other circumstances where the provisions of laws and administrative regulations shall be recognized as work injury.
