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辰河:你好!我是一名来自东北的打工仔,于1998年10月份进入惠阳淡水一家塑胶厂打工。1999年5、6月份,由于厂里赶货,车间负责人临时指定我帮助领班调模。6月初,一天晚上,由于一啤工非蓄意违章操作,导致我右手被机器挤压于工模之内,造成第一掌关节脱位,腕骨开放性粉碎性骨折。经过两次手术之后,五指仍然弯曲,抓东西非常困难。事后第二天早上,那名啤工跑了,厂方支付了我住院期间的一切费用。在这里我想请教的是:1、事后找厂方交涉,厂方负责人说,这是由于别人违章操作,不属于机器故障,现在那人已经跑了,厂方为我治愈已经仁至义尽,没有工伤待遇,更不必说伤假期间的营养补助。请问我这是工伤吗?厂方这样做合法吗?2、第一次手术之后,第二次手术前这段时间,
Chen He: Hello! I am a wage earner from the northeast. She worked as a plastic factory in Huiyang Freshwater in October 1998. In May and June of 1999, due to the factory's rush of goods, the person in charge of the workshop temporarily assigned me to help the foreman to adjust the mold. In early June, one night, due to a beer worker's deliberate violation of regulations, my right hand was squeezed into the mold by the machine, causing dislocation of the first metacarpophalangeal joint and comminuted carpal fractures. After two operations, the five fingers are still bent, grasping something very difficult. The next morning after that, the beer worker ran away and the factory paid for all the expenses during my hospital stay. Here I would like to ask is: 1, after the factory to find negotiations, the factory manager said that this is due to illegal operation of others, does not belong to the machine fault, and now that people have run, the factory has been cured for me to do justice, no Work injury treatment, not to mention the nutritional aid during injury leave. May I ask if this is a work injury? Is the factory doing this legal? 2, after the first operation, before the second operation,