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案例师全景为某建筑公司工人,在2001年3月5日进行作业时,被装混凝土的吊桶砸成重伤,医院诊断为:颈椎部位脱节,右半部有粉碎性骨折。师全景治疗期间的住院费和护理、医药费花去近11万元,而建筑公司只支付了4500元医疗费,就不管了,其理由是师全景与企业签订的劳动合同中有“伤残由个人负责”的条款。在双方协商无效的情况下,师全景向当地劳动争议仲裁委员会提起申诉,要求建筑公司按国家规定给予工伤待遇,并要求一次性结清其工伤保险待遇。
The case division panoramic view of a construction company workers, March 5, 2001 for homework, was loaded with concrete buckets hit a serious injury, the hospital diagnosed: cervical dislocation, the right half of comminuted fracture. During the panoramic hospitalization period, hospitalization fees and care, medical expenses spent nearly 11 million, while the construction company paid only 4,500 yuan for medical expenses, regardless of the reason that the division of the panorama of the labor contract signed with the enterprises have “injuries Residual personal responsibility ”clause. In the absence of mutual agreement between the two sides, the division made a complaint to the local Labor Dispute Arbitration Commission, demanding that the construction company give workers a medical treatment in accordance with state regulations and request a one-time settlement of their work-related injury insurance benefits.