No one cares if you are injured at work, you should go to that department

It is recommended to apply for work-related injury recognition first according to the process, and the compensation amount can only be finalized after waiting for the appraisal level.

1. To apply to the Human Resources and Social Security Bureau (formerly the Labor Bureau) for work-related injury identification, the company needs to report within one month of the accident, if the company does not apply, the injured employee or his close relatives shall apply for recognition within one year. Materials to be submitted: application form for work-related injury determination (**generally ** of the Human Resources and Social Security Bureau), proof of labor relationship with the employer, medical diagnosis certificate, etc.;

2. If there is a disability that affects the ability to work after the injury is relatively stable, the applicant shall apply for labor ability appraisal and submit an application to the labor ability appraisal committee of the city divided into districts (generally established in the human resources and social security bureau at the same level);

3. According to different disability levels, the compensation obtained is different. The main compensation is: medical expenses, one-time disability allowance, one-time employment allowance, one-time medical allowance, salary during the period of suspension of work, food allowance, nursing expenses, etc.;

4. If you do not have a labor contract or other evidence to prove the existence of an employment relationship, and cannot apply for a work-related injury determination, you can first apply for labor arbitration to confirm the existence of an employment relationship between you and the employer. After the existence of an employment relationship is confirmed by labor arbitration, an application for work-related injury determination is made;

5. There are many procedures for protecting the rights of work-related injuries, and if you are not familiar with it, it is best to entrust a lawyer**.

The Labor Inspection Brigade is a subordinate of the Labor Bureau.

Legal analysis: Find the Labor Administration or the Labor Inspection Brigade. If the worker is injured by an unintentional act in the process of working on the construction site, the employer should be responsible for compensation; If the worker is intentional, then it is necessary to provide evidence to prove that the operation failure of the worker due to personal reasons, but the company's supervisor has informed him that the operation is wrong, and the worker refuses to accept the opinion and causes accidental injury, the worker shall bear more than 50% of the total compensation, and the company shall bear less than 50%; If the worker does it intentionally and the company does not supervise it effectively, or does not inform him that there is a risk and must be stopped, the company needs to bear the responsibility for the lack of supervision.

Legal basis: 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 Control 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 immediate family members 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 labor and social security administrative department of the coordinating area where the employer is located. Matters that shall be determined by the provincial-level social insurance administrative department in accordance with the provisions of the first paragraph of this Article shall be handled by the social insurance administrative department at the districted-city level where the employer is located in accordance with the principle of territoriality. If an employer fails to submit an application for determination of work-related injury within the time limit specified in the first paragraph of this Article, the employer shall bear the relevant expenses such as work-related injury benefits incurred during this period that comply with the provisions of these Regulations.

Legal Analysis: Filing a lawsuit. The employer shall, from the date of the accident injury, submit an application for recognition of work-related injury to the coordinating regional human resources and social security bureau.

If the employer fails to submit an application for work-related injury determination within the time limit set by the regulations, the injured employee, his close relatives, or the trade union organization shall submit a work-related injury determination to the overall regional human resources and social security bureau on the date of the accident.

Legal basis: Regulations on Work-related Injury Insurance Article 19 After accepting an application for recognition of work-related injury, the social insurance administrative department may, according to the needs of the review, investigate and verify the accident injury, and the employer, employee, trade union organization, medical institution and relevant departments shall provide assistance. The diagnosis of occupational diseases and the appraisal of diagnostic disputes shall be carried out in accordance with the relevant provisions of the Law on the Prevention and Treatment of Occupational Diseases.

For those who have obtained a certificate of diagnosis of an occupational disease or an appraisal of an occupational disease diagnosis in accordance with the law, the Social Insurance Administration Department will no longer conduct an investigation and verification. If the employee or his close relatives believe that it is a work-related injury, but the employer does not consider it to be a work-related injury, the employer shall bear the burden of proof.

The departments that no one cares about when there is a work injury and the complaint is as follows:

1. Human Resources and Social Security Bureau and labor arbitration institutions. Complaints about work-related injuries should be filed with the Social Security Bureau and labor arbitration institutions;

2. Human Resources and Social Security Bureau;

3. If you are not satisfied with the results of the treatment of the staff of the work-related injury determination department, you can complain to the director of the Human Resources and Social Security Bureau, or you can directly apply to the Labor and Personnel Dispute Arbitration Court for arbitration.

Work-related injury identification process and information:

1. The employer shall apply to the relevant departments for work-related injury recognition and submit materials, including the application form for work-related injury determination, labor relationship certificate and diagnosis certificate;

2. After receiving the application, the relevant departments will review the materials;

3. The relevant departments shall make a decision on whether to identify it as a work-related injury based on the submitted information and the actual situation.

Criteria for determining work-related injuries:

1. During the period of going out for work, the person is injured due to work reasons or the whereabouts of the accident are unknown;

2. Being injured in an accident while engaging in work-related preparatory or finishing work in the workplace before or after working hours;

3. Injured in an accident during working hours and in the workplace due to work reasons;

4. Miscellaneous. Legal basisArticle 14 of the Regulations on Work-related Injury Insurance.

In any of the following circumstances, it shall be found to be a work-related injury:

1) During working hours and in the workplace, the person is injured in an accident due to work reasons;

2) Being injured in an accident while engaging in work-related preparatory or finishing work in the workplace before or after working hours;

3) Injured by violence or other accidents during working hours and in the workplace due to the performance of work duties;

4) Suffering from occupational diseases;

5) During the period of going out for work, they are injured due to the noise of work, or the whereabouts of an accident are unknown;

6) Injured in a traffic accident for which they are not primarily responsible, or an accident involving urban rail transit, passenger ferry, or train quietly on the way to and from work;

7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.