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案情:装卸工在劳动中不慎被玻璃板砸伤脚趾,造成十级伤残。其所在公司支付了前期治疗费用后,以双方系雇用关系为由,不肯再支付医疗费,又因未为其申请而错过工伤认定。劳动者主张按工伤标准赔偿,用人单位却置之不理。法律该如何判定呢?2012年2月中旬,杜玉凯经老乡介绍,来到柳先生的宏发玻璃加工制品公司当搬运工。双方达成口头协议:月工资2300元,工作时间按照公司作息时间,若遇到临时
Case: The unloader accidentally smashed his toes in the glass by glass work, resulting in ten disabled. After the company paid the up-front treatment fee, the company refuses to pay the medical fee because of the employment relationship between the two parties, and fails to recognize the work-related injury because the company did not apply for it. Workers claim compensation for work-related injuries, employers have ignored. Law how to determine it? In mid-February 2012, Du Yukai introduced by the fellow, came to Mr. Liu Hongfa glass processing products company when porters. The two sides reached a verbal agreement: monthly salary of 2300 yuan, working hours in accordance with the company schedule, if encountered temporary