Grassroots lawyers also have spring

Chapter 270 Work Injury Insurance and Commercial Insurance

"No, Comrade Lao Niu has deducted a little, but he is still very kind to me. I don't want to leave the law firm for the time being.

The most important thing is that I'm afraid of your mother. If I go to work under you as a business manager, your mother won't let the new and the old hate together, and torture me to death!

I think your mother and I must be incompatible with each other, she just beats me! "Wang Chuan hurriedly said seriously. He didn't want Pan + Jinlian to be too embarrassed.

"Can we still have a good chat! My mother beat you? Cut!" Pan + Jinlian said with a curl of her lips.

"Your mother didn't beat me, but gold, wood, water, fire, earth, everything. Her old man is pentathlon!" Wang Chuan laughed.

"You can do it! You pay for today's meal!" Pan + Jinlian said angrily.

When Pan + Jinlian sent Wang Chuan back to the legal service office, Zhang Dahuyou was having a heated conversation with a middle-aged female client, which meant that the signing of the contract was already a certainty.

In the afternoon, Wang Chuan was drinking tea while sitting at his work station, when a man walked in, with gray hair, receding hairline, walking with his chest in his chest, unhurriedly, and looked like he was in his 50s.

Seeing that Zhang Dahuyou took the client to the agency to sign a contract, the man had no choice but to go straight to Wang Chuan.

"Hi, what's the matter?" Wang Chuan asked, looking up at the gray-haired man.

"Hello, I want to consult about work-related injuries." The gray-haired man said.

"Tell me the specific situation!" As he said, Wang Chuan sat upright and prepared a pen and paper.

"In August of this year, I drove out to work for the company, but there was a traffic accident on the road, and the other party was solely responsible. I was slightly injured at the time, and was discharged from the hospital after staying in the hospital for more than half a month.

Later, the company declared the work-related injury to me, and the grade of the work-related injury was identified as Level [-], and the work-related injury insurance premium and wages during the period of suspension without pay were paid.All hospitalization expenses should be reported. "The man said.

"What do you want to consult?" Wang Chuan looked at the man in front of him, he was a little puzzled: I have paid all the money that should be paid, what else is there for this dear man?

"Our company has purchased personal accident insurance for every employee. I had an accident this time, and I heard from the finance company that the insurance company paid more than 6 yuan.

Later, I went to the company to ask for insurance money, but the company said that the money was offset by the work-related injury money, and I could only ask for one of the two sums of money, not both.

I just want to ask, is it legal for my insurance premium to be owned by the company! "The man said.

"Well, what you're talking about has happened before.

I don't think it's reasonable.The two sums of money were obtained based on different legal relationships, so there is no offset as the company said.

This is the "Regulations on Work Injury Insurance." Please read it and let me explain it to you. "Wang Chuan said as he took a copy of the previously printed "Work-related Injury Insurance Regulations" from the side and handed it to the man.

"The company participates in work-related injury insurance according to the "Regulations on Work-related Injury Insurance" and pays work-related injury insurance premiums for its employees. This is the company's legal obligation.

Therefore, after you have a work-related injury, the company will apply for a work-related injury for you, and it is the company's legal obligation to pay the relevant expenses.The company must pay you the associated costs.If the company does not pay you can go to the labor inspector to complain about the company.

Personal accident insurance is based on a contractual relationship, and the insurance company should perform its insurance obligations in accordance with the agreement.

Therefore, in addition to work-related injury insurance, commercial insurance such as personal accident insurance purchased separately by the employer for employees belongs to the welfare benefits provided by the employer for employees, and the employer cannot be exempted from participating in work-related injury insurance and paying work-related injury insurance premiums for its employees. statutory obligation.

To put it bluntly, the basis for the payment of various work-related injury expenses by work-related injury insurance is the "Regulations on Work-related Injury Insurance", while commercial insurance compensation is based on contractual relations.The two are not the same thing and do not conflict with each other!

According to judicial practice, it goes without saying that there is no agreement between you and the company. Even if your company and employees agree to replace work-related injury insurance with commercial insurance, or agree to use commercial insurance compensation to offset the cost of work-related injury insurance benefits, the agreement will also violate the law, Mandatory provisions of administrative regulations will be deemed invalid by the court.

In previous cases, the court generally would not support the company’s refusal to pay or reduce the payment of work-related injury insurance benefits on the grounds that employees had received commercial insurance compensation.Of course, it is not ruled out that individual courts will make different judgments, but the chances are very small.

Therefore, your company's claim that the commercial insurance compensation and the work-related injury insurance benefits are offset has no basis at all and is untenable. " Wang Chuan explained.

"Oh, if you say that, I can ask the company for commercial insurance compensation!" The man suddenly realized.

"Well, you have the right to ask for compensation from commercial insurance." Wang Chuan nodded and said, "If you have nothing else to consult, please pay the fee."

"Pay!? I'm sorry, I didn't see the sign for paying just now. How much is it for one consultation?" the man asked.

"Fifty for half an hour, one hundred yuan for more than half an hour. You just paid 50 yuan for less than half an hour of consultation." Wang Chuan said with a smile.

"Oh, 50 yuan, okay. I'll pay in cash." As he spoke, the man took out 50 yuan from his bag and handed it to Wang Chuan.

"Excuse me, let me ask again, how much will it cost if you represent me in this case?" the man asked.

"Your case is 5000 yuan per trial level." Wang Chuan said.

"What is a trial class?" The man continued to ask.

"To put it simply, labor cases are generally a system of one arbitration and two trials. For example, if you apply for labor arbitration, if you entrust me, the lawyer's fee is 5000 yuan; Another 5000 yuan.

If there is still a second trial, you continue to entrust me, and we can discount the lawyer's fee by 3000 yuan.I say so, you understand! "Wang Chuan explained in a straightforward language.

"Understood! Lawyer Wang, I have also consulted several law firms before, and the opinions they gave were different, and they were all confused.

I feel that there is no obstacle in communicating with you.You speak very clearly.thank you!If there is a need later, I will find you again. "The man got up and walked out the door after speaking.

It gets dark early in the winter in the north. After seeing off the clients, it was already dark. When Wang Chuan saw the off-duty point, he packed up and locked the office door.

At noon, two of the four dishes were left untouched, and Wang Chuan asked the restaurant owner to pack them out of the spirit of saving.

Wang Chuan walked towards the bus station with the convenient lunch box in his hand.

Just when he reached the gate of the community, a black Mercedes-Benz drove into the community and stopped downstairs where Wang Chuan was renting.

Immediately after, a woman in a red down jacket got out of the car, talked to the people in the car and walked upstairs.Wang Chuan recognized the woman at a glance, it was Ah Zi!

(End of this chapter)