When will the workers compensation be paid?

According to the regulations on work-related injury insurance, it is necessary to apply for work-related injury recognition first, and the compensation amount can only be finalized after waiting for the labor ability appraisal level.

Article 17 of the Regulations on Work-related Injury Insurance If an employee is injured in an accident or is diagnosed or appraised as an occupational disease in accordance with the provisions of the Law on the Prevention and Treatment of Occupational Diseases, the unit to which he belongs shall, within 30 days from the date of occurrence of the accident injury or the date of diagnosis or appraisal of an occupational disease, submit an application for recognition of work-related injury to the social insurance administrative department of the coordinating area. In case of special circumstances, the time limit for application may be appropriately extended with the consent of the social insurance administrative department.

If the employer fails to submit an application for recognition of work-related injury in accordance with the provisions of the preceding paragraph, the injured employee or his close relatives or trade union organization may, within one year from the date of occurrence of the accident injury or the date of diagnosis or appraisal of an occupational disease, directly submit an application for recognition of work-related injury to the social insurance administrative department of the coordinating area where the employer is located.

If there is a disability that affects the ability to work after the injury is relatively stable, the applicant shall apply for a labor ability appraisal and submit an application to the labor ability appraisal committee of the city divided into districts;

Depending on the level of disability, the compensation received is not the same. The main compensation is: medical expenses, one-time disability allowance, one-time employment allowance, one-time medical allowance, salary during the period of leave of absence, food allowance, nursing expenses, etc.

First of all, you should confirm whether the company has paid comprehensive insurance for you; Secondly, there will be a subsidy certificate with the name of the insurance company on it after paying the comprehensive insurance for one year; Generally, the claim is settled within 60 days, if your company has been delaying for a long time, you can ask the company to provide the name of the insurance company for inquiry. If the inquiry fails, it is recommended to directly apply for labor arbitration to demand the company to pay work-related injury compensation. Industrial and commercial compensation issues should be resolved as soon as possible, and a lawyer may be retained.

Hope mine can help you a little.

After the migrant worker has an accident, he loses money by taking the labor contract.

Compensation will only be made when the injury is completely healed.

Here's what you can ask you to answer: Workers' compensation usually takes 3 to 4 months to arrive. 1. In the event of a work-related accident, the work-related injury insurance** and the employer shall pay compensation to Senliang according to different circumstances.

2. The expenses paid by the work-related injury insurance**, such as medical expenses, are generally paid in advance by the employer and reimbursed in the later stage, and do not need to be paid to the labor capital; If the work-related injury level reaches 10 or above after the labor ability appraisal, the work-related injury insurance** shall pay a one-time disability subsidy, and this part of the cost can be transferred to the company's account in about one month after the completion of the work-related injury appraisal and the application for work-related injury insurance** to pay the expenses. 3. Part of the expenses paid by the employer are paid on a monthly basis, such as the wages during the period of suspension of work, if the work-related injury level reaches 10 or above after the appraisal of labor ability, the employer shall also pay a one-time disability employment subsidy, which is paid only after the injured employee leaves the company.

Article 29 of the Labor Contract Law stipulates that an employer shall not terminate a labor contract in accordance with the provisions of Articles 26 and 27 of this Law if an employee falls under any of the following circumstances: (1) suffers from an occupational disease or is injured at work and is confirmed to have lost or partially lost the ability to work; (2) Sick or injured within the prescribed medical treatment period; (3) Female employees are pregnant, giving birth, or breastfeeding; (4) Other circumstances provided for by laws and administrative regulations. Article 47 of the Labor Contract Law stipulates that economic compensation shall be paid one month's salary for each full year of service, and if it is more than six months but less than one year, it shall be calculated as one year; If it is less than six months, economic compensation of half a month's salary shall be paid.

If the employee is forcibly terminated during the breastfeeding period, he or she can receive two months' salary for each full year, and other economic compensation, social insurance, housing provident fund, etc. shall be implemented in accordance with relevant laws and regulations.

Legal Analysis: About a year. 1. Identification of work-related injuries:

From the date of application by the unit or individual, the labor department shall review the materials within 15 days, make a determination of work-related injury within 60 days, and deliver it within 20 days, which is 95 days for the on-line calculation according to the specified period. 2. Labor ability appraisal: The appraisal can only be done after the ** injury is stabilized, and the appraisal conclusion is generally made within 6 months and 60 days, a total of 240 days.

3. Work-related injury compensation: It takes about one month for the labor department to review. In this way, from the date of application by the unit or individual, it will take about one year to get the work-related injury compensation.

Legal basis: Social Insurance Law of the People's Republic of China

Article 38 The following expenses incurred due to work-related injuries shall be paid from work-related injury insurance** in accordance with the provisions of the State:

1) Medical expenses and expenses for work-related injuries;

2) Hospitalization meal subsidy;

3) Transportation and accommodation expenses for medical treatment outside the overall planning area;

4) The cost of installing and configuring assistive devices for the disabled;

5) For those who are unable to take care of themselves, the living care expenses confirmed by the Labor Ability Appraisal Committee;

6) A one-time disability allowance and a monthly disability allowance for employees with disabilities of grades 1 to 4;

7) A one-time medical subsidy to be enjoyed when the labor contract is terminated or dissolved;

8) In the event of a work-related death, the funeral allowance, the pension for dependent relatives and the work-related death allowance received by the surviving family members;

9) Labor ability appraisal fee.

Article 39 The following expenses incurred as a result of work-related injuries shall be paid by the employer in accordance with the provisions of the State:

1) Wages and benefits during the work-related injury;

2) The monthly disability allowance received by the disabled employees of the fifth and sixth grades;

3) When the labor contract is terminated or dissolved, the one-time disability employment subsidy shall be enjoyed.

Article 41 Where an employee's employer fails to pay work-related injury insurance premiums in accordance with law, and a work-related injury accident occurs, the employer shall pay work-related injury insurance benefits. If the employer does not pay, it shall be paid in advance from the work-related injury insurance**.

The work-related injury insurance benefits paid in advance from the work-related injury insurance** shall be reimbursed by the employer. If the employer fails to repay, the social insurance agency may recover compensation in accordance with the provisions of Article 63 of this Law.

The time to receive compensation for a work-related injury is 240 days. Generally speaking, from the date of application by the unit or individual, the labor department shall review the materials within 15 days, make a determination of work-related injury within 60 days, and deliver it within 20 days, which is 95 days for the online calculation within the prescribed period; After the ** injury is stabilized, the appraisal can be done, generally in about 6 months, and the appraisal conclusion is made within 60 days, a total of 240 days.

1. The consequences of the injured worker's failure to compensate are as follows:

1. Arbitral award by the local labor dispute arbitration commission;

2. Being required by the court to enforce compensation;

3. Being pulled into the credit blacklist.

2. The criteria for determining work-related injuries are as follows:

1. Those who are engaged in the daily production or work of the unit or the work temporarily designated by the person in charge of the unit shall engage in work that is directly related to the major interests of the unit even though they have not been designated by the person in charge of the unit in an emergency.

2. Engaged in scientific experiments, inventions and creations and technological improvement work related to the unit with the arrangement or consent of the person in charge of the unit.

3. Occupational diseases caused by exposure to occupational harmful factors in the production and working environment.

4. During the production working hours and area, accidental injuries are caused by unsafe factors, or death due to sudden illness due to work tension or total loss of labor force after the first rescue.

5. Personal injury caused by the performance of duties.

6. Engage in rescue, disaster relief, rescue and other activities to safeguard the interests of the state, society and the public.

7. Disabled servicemen who have been disabled in the line of duty or war have been injured after recovering from their majors and working in the enterprise.

8. During the period of going out on business, due to work reasons, the person is injured or missing due to traffic accidents or other accidents, or dies due to sudden illness or loses labor force after the first rescue.

Article 38 of the Social Insurance Law of the People's Republic of China stipulates that the following expenses incurred due to work-related injuries shall be paid from work-related injury insurance** in accordance with national regulations:

1) Medical expenses and expenses for work-related injuries;

2) Hospitalization meal subsidy;

3) Transportation and accommodation expenses for medical treatment outside the overall planning area;

4) The cost of installing and configuring assistive devices for the disabled;

5) For those who are unable to take care of themselves, the living care expenses confirmed by the Labor Ability Appraisal Committee;

6) A one-time disability allowance and a monthly disability allowance for employees with disabilities of grades 1 to 4;

7) A one-time medical subsidy to be enjoyed when the labor contract is terminated or dissolved;

8) In the event of a work-related death, the funeral allowance, the pension for dependent relatives and the work-related death allowance received by the surviving family members;

9) Labor ability appraisal fee.

Under normal circumstances, if the employee has paid work-related injury insurance, the employer shall send the work-related injury treatment to the social security department to declare the work-related injury treatment with his or her "Work-related Injury Certificate", medical documents and relevant materials after the work-related injury medical treatment is completed. Generally speaking, from the date of application by the unit or individual, the labor department shall review the materials within 15 days, make a determination of work-related injury within 60 days, and deliver it within 20 days, which is 95 days for the online calculation within the prescribed period; After the ** injury is stabilized, the appraisal can be done, generally in about 6 months, and the appraisal conclusion is made within 60 days, a total of 240 days.

The workers' compensation department will make the loan after review, and the specific time varies from place to place, so you can directly consult the local work-related injury insurance agency. If the employer refuses to recognize the employment relationship or refuses to pay work-related injury compensation benefits, the employee needs to file a complaint or arbitration to protect his or her rights, and this process of rights protection is relatively long, generally from three months to about one year. To sum up, if the workers' compensation goes well, you can get the money in about eight months, and if it is more complicated, it will take about two years to get the compensation.

Legal basis: Article 20 of the Regulations on Work-related Injury Insurance? The social insurance administrative department shall make a decision on the determination of work-related injury within 60 days of accepting the application for work-related injury determination, and notify the employee or his close relatives and the employee's unit in writing of the application for work-related injury determination.

The social insurance administrative department shall make a decision on the determination of work-related injury within 15 days of accepting an application for work-related injury determination where the facts are clear and the rights and obligations are clear. Where it is necessary to base a decision on the determination of work-related injuries on the basis of the conclusion of the judicial organ or the relevant administrative department, the time limit for making a determination of work-related injury is suspended during the period that the judicial organ or the relevant administrative department has not yet made a conclusion.

On the 25th of each month, the insured units and social security offices shall fill in the "Beijing Municipal Work-related Injury Insurance ** Payment Monthly Report (1)" (hereinafter referred to as the "Payment Monthly Report (1)" (hereinafter referred to as the "Payment Monthly Report (1)" and submit it to the business post of the district (county) social security agency, and the business personnel of the district (county) social security agency and the " Pay the monthly statement (1)" after checking that it is correct, and then transfer to the financial post.

Before the 5th of each month, the business personnel of the district (county) social security agency will generate the "Beijing Industrial Injury Insurance ** Payment Monthly Report Summary Table" (hereinafter referred to as the "Payment Monthly Report Summary Table" sample attached) after the audit is correct, and the floppy disk is submitted to the Municipal Social Security Center Work-related Injury Section, the Municipal Social Security Center Work-related Injury Section receives the District (County) Social Security Agency submitted the "Payment Monthly Report Summary Table" and data, the data will be read into the system, and the "Payment Monthly Report Summary Table" will be transferred to the Finance Department after the audit is correct. The Finance Division shall be submitted to the Municipal Finance Bureau before the 25th of each month. Before the 30th of each month, the Municipal Finance Bureau will pay the work-related injury insurance ** to the district (county) finance bureau before the 30th of each month, and the district (county) finance bureau will allocate it to the district (county) social security agency on the 2nd of the following month.

The district (county) social security agency shall allocate the payment to the insured unit or social security office before the 10th of the following month.

Article 10 Monthly report on supplementary payments.

Employees injured at work who meet the conditions for the supplementary payment of work-related injury insurance benefits, the insured units and social security offices must fill in the "Beijing Work-related Injury Insurance** Supplementary Payment Table" (hereinafter referred to as the "Supplementary Table" form is attached) and the "Beijing Industrial Injury Insurance** Supplementary Individual Schedule" (hereinafter referred to as the "Detailed Table" sample attached), and send it to the business post of the social security agency in the district (county) on the 25th of each month, and the business personnel of the social security agency in the district (county) will be transferred to the financial post after checking the "supplementary payment table" generated by the system.

Before the 5th of each month, the business personnel of the district (county) social security agency will generate the "Beijing Industrial Injury Insurance ** Insured Unit Supplementary Payment Summary Table" (hereinafter referred to as the "Supplementary Summary Table" form sample attached) after review, and submit it to the Municipal Social Security Center Industrial Injury Department together with the floppy disk. The operation process of the Municipal Social Security Center is consistent with the process of the "Payment Monthly Report Summary Table".

It is generally common for about half a year to a year. The labor bureau will issue the result of the determination within 60 days of the declaration of work-related injury, and the disability assessment will be carried out after the injury is stabilized (the medical treatment period is over). It depends on the specific situation, and some of them are as long as a year and a half, or even longer.

The disability appraisal conclusion shall be made within 60 days after the disability appraisal data are submitted, and it can be extended by 30 days if necessary, and the above work shall be completed, and the materials shall be submitted to the Social Security Bureau, and the Social Security Bureau shall transfer the compensation money into the personal account within 60 days. Therefore, it is very normal for many disabilities to last for more than half a year or a year from the time they are injured to the time the case is closed.

1. Determination of work-related injury: Counting from the date of application by the unit or individual, the labor department shall review the materials within 15 days, make a work-related injury determination within 60 days, and deliver it within 20 days, which is 95 days for the on-line calculation according to the specified period.

within a week. The person who asked the company to help me deal with it said that it would take more than a month.

The labor bureau will issue the result of the determination within 60 days of the declaration of work-related injury, and the disability assessment will be carried out after the injury is stabilized (the medical treatment period is over). It depends on the specific situation, and some of them are as long as a year and a half, or even longer. The disability appraisal conclusion shall be made within 60 days after the disability appraisal data are submitted, and it can be extended by 30 days if necessary, and the above work shall be completed, and the materials shall be submitted to the Social Security Bureau, and the Social Security Bureau shall transfer the compensation money into the personal account within 60 days.

Therefore, it is very normal for many disabilities to last for more than half a year or a year from the time they are injured to the time the case is closed.

The question was on the company's account at the end of last month.

Part of the expenses paid by the employer are paid on a monthly basis, such as the salary for the period of suspension of work, and if the work-related injury level reaches 10 or above after the appraisal of work ability, the employer shall also pay a one-time disability employment subsidy, which is paid only after the injured employee leaves the company;