I was injured in 84 and laid off in 05, and I haven t received any compensation so far

1.The Regulations on Work-related Injury Insurance came into force on 1 January 2004, and there was no specific Regulations on Work-related Injury Insurance before.

2.At that time, if a work-related accident occurs, it is generally to enjoy work-related injury benefits with reference to Article 12 of the "Labor Insurance Regulations of the People's Republic of China".

A. Workers and employees who are injured at work should be treated in the medical center, hospital or special hospital of the enterprise. If the medical center, hospital or special hospital of the enterprise is unable to do so, the administrative side of the enterprise or the management shall transfer it to another hospital for treatment. All the medical expenses, medicine expenses, hospitalization expenses, meals and medical travel expenses during hospitalization shall be borne by the administrative side of the enterprise or the employer.

During the medical treatment, the salary is paid.

3.If the work-related injury treatment is not processed at that time, then the statute of limitations for workers' compensation has expired and the compensation cannot be obtained through the work-related injury.

4.If you don't understand anything, you can call 12333 directly to consult the local labor department.

If you are a state-owned enterprise merger personnel, the state currently has a new policy, the merger of state-owned enterprises, there is no termination of the work-related injury insurance relationship of the work-related injury personnel, and did not participate in the work-related injury insurance, the unit will pay a certain fee at one time, (if the unit is gone, by ** is responsible.) The work-related injury insurance agency is responsible for the work-related injury benefits after participating in the insurance.

The benefits before participating in the insurance are still paid by the original unit. If you are not this kind of person, in 05 years to participate in the restructuring of the enterprise, and the enterprise terminated the labor relationship, if the enterprise is still there, you can go through the petition channel, if the unit is gone, you can not find it back.

The lump sum disability benefit is calculated on the average of the actual earnings from the 12 months prior to the injury!

The one-time employment subsidy and medical subsidy are calculated according to the standard at the time of resignation, and this standard needs to be consulted by calling 12333 or consulting with the staff of the work-related injury insurance compensation window, because all provinces, autonomous regions, and municipalities directly under the central government can adjust them by themselves!

Excuse me: I had a work injury in 15 years, and there was no compensation at that time, is there any compensation when I retire?

Hello, 15 years of work-related injury, there was no compensation at that time, and I couldn't apply for compensation after retirement. 1. Because the conditions for applying for work-related injury compensation must be recognized as a work-related injury by the local human resources and social security bureau, and the recognition of work-related injury must be established on the basis of the labor relationship between the two parties, because the retired employee no longer meets the qualifications of the employing entity, he cannot apply for the determination of work-related injury, so there is no work-related injury compensation. If an employee suffers a work-related injury after retirement, he or she shall lose his or her qualification as a worker and shall not claim compensation from work-related injury insurance; 2. If the injury is caused by the infringement of a third party, the infringer has the right to claim compensation for medical expenses, nursing expenses, transportation expenses, nutrition expenses, hospital meal subsidies and other expenses; 3. If the employer is negligent, the employer, as the employer, shall be liable for personal injury compensation to the retired and rehired personnel.

Legal basis: Article 30 of the Regulations on Work-related Injury Insurance stipulates that employees who are injured in accidents or suffer from occupational diseases due to work shall enjoy medical treatment for work-related injuries. Employees who are injured at work shall seek medical treatment in a medical institution that has signed a service agreement, and in case of emergency, they can first go to the nearest medical institution for first aid.

**If the expenses required for work-related injuries meet the requirements of work-related injury insurance diagnosis and treatment items, work-related injury insurance drug lists, and work-related injury insurance hospitalization service standards, they shall be paid from work-related injury insurance**. The catalogue of work-related injury insurance diagnosis and treatment items, the catalogue of work-related injury insurance drugs, and the hospitalization service standards of work-related injury insurance shall be prescribed by the social insurance administrative department in conjunction with the health administrative department, the food and drug supervision and administration department and other departments. The food subsidy for the hospitalization of the employee and the work-related injury, as well as the transportation, accommodation and accommodation expenses required for the injured employee to seek medical treatment outside the co-ordination area shall be paid from the work-related injury insurance base and silver yuan, and the specific standard of payment shall be stipulated by the people of the co-ordination area.

Injured employees are not entitled to medical treatment for work-related injuries and shall be dealt with in accordance with the basic medical insurance measures.

Hello, to the problem you described, the lawyer replied as follows:

First of all, apply for a work-related injury appraisal, and after confirming the disability level, it is the basis for confirming the compensation. Refer to Article 18 of the Regulations on Work-related Injury Insurance.

Second, the main scope of claims includes medical treatment for work-related injuries, one-time disability allowance, hospital meal subsidy, assistive devices, original salary and benefits during the medical treatment period, living care expenses, etc.

Third, compensation shall be made with reference to Articles 33, 34, 35, 36, 37, 38, 39 and 40 of the Regulations on Work-related Injury Insurance.

Fourth, if the negotiation fails, bring the relevant materials to the labor inspection department to complain, or directly go to the labor arbitration commission where the unit is located to file labor arbitration. Blessing!

The statute of limitations has expired, and it is no longer legally possible to claim work-related injury compensation from the employer, but the disability appraisal is conducted, and then the work-related injury insurance benefits are obtained through channels other than the administrative procedure through the disability appraisal.

According to 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 employer shall submit an application for recognition of work-related injury to the labor and social security administrative department of the coordinating area within 30 days from the date of occurrence of the accident injury or the date of diagnosis or appraisal of occupational disease. In case of special circumstances, the time limit for application may be appropriately extended with the consent of the labor and social security administrative department. If an employer fails to submit an application for determination of work-related injury within the prescribed time limit, the employer shall bear the relevant expenses such as work-related injury benefits incurred during this period that meet the requirements of these Regulations.

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.

Although the administrative procedures for work-related injury determination are no longer applicable to the application for work-related injury determination beyond the statutory time limit, and the work-related injury insurance benefits are no longer paid from the work-related injury insurance**, this does not mean that the employee will lose the substantive right to receive work-related injury compensation, because the employee enjoys labor protection, and it is the basic right of the Constitution and the law to enjoy work-related injury insurance benefits due to work-related injuries, and employees and their close relatives shall enjoy the right to obtain work-related injury insurance benefits through other relief channels other than administrative procedures. For example, employees and their close relatives can enjoy work-related injury insurance benefits through negotiation with the employer and voluntarily reach a compensation agreement, or they can obtain work-related injury insurance benefits through litigation.

In the case of applying for work-related injury determination beyond the statutory time limit, the employee and his close relatives will lose the right to determine the work-related injury through administrative procedures, and the work-related injury insurance benefits are not paid from the work-related injury insurance**, but borne by the employer. The substantive right of injured employees to obtain work-related injury insurance benefits can be protected to the greatest extent.

Possibly.

Article 37] Employees who are identified as having a Grade 7 to Grade 10 disability due to work-related disability shall enjoy the following benefits:

1) A one-time disability subsidy shall be paid according to the level of disability from the work-related injury insurance**, and the standard is: 7 months' salary for grade 10 disability;

2) If the labor or employment contract is terminated upon expiration, or the employee himself or herself proposes to terminate the labor or employment contract, the work-related injury insurance shall pay a one-time medical subsidy for work-related injuries, and the employer shall pay a one-time disability employment subsidy. The specific standards for one-time medical subsidies for work-related injuries and one-time employment subsidies for disability shall be prescribed by the people of provinces, autonomous regions and municipalities directly under the Central Government.

First of all, you were injured in 2009, and the statute of limitations for work-related injuries is 1 year, which means that by 2010 your injury will expire the next day, normally, you can claim compensation for personal injury, and the statute of limitations is 3 years, which means that you will not be able to have compensation on the next day in 2012. And you've reached retirement age, and if you don't have a normal lapse, your compensation is small.

Employees with work-related injuries in grades 1 to 4 are entitled to retirement compensation.

According to Article 35 of the Regulations on Work-related Injury Insurance, if an employee is identified as a first-level to fourth-grade disability due to work-related disability, he or she shall retain the labor relationship, withdraw from the job, and pay the disability allowance on a monthly basis according to 75-90% of his salary from the work-related injury insurance.

Employees who are identified as injured at work in grades 5 to 6 will be made up by work-related injury insurance** when the pension and work-related injury allowance are increased after retirement.

Employees who are identified as injured at grade 7 to 10 and those who are not at the same level as injured at work will not be compensated for retirement.

Since work-related injuries 7 and 10 are classified as partial incapacity, Grade 8 disability is naturally included in the category of partial incapacity. According to Article 42 of the Labor Contract Law, "if an employee falls under any of the following circumstances, the employer shall not terminate the labor contract in accordance with the provisions of Articles 40 and 41 of this Law:

1) Workers engaged in operations that expose occupational disease hazards have not undergone a pre-departure occupational health examination, or are suspected of being an occupational disease patient during the period of diagnosis or medical observation;

2) Suffering from an occupational disease or being injured at work in the unit and being confirmed to have lost or partially lost the ability to work", the company's practice is not only illegal but also infringes on your legitimate rights and interests, and is unacceptable.

It is recommended that the company be required to rearrange work, otherwise, it can be resolved by reporting to the local labor administrative department or filing an arbitration application with the labor dispute arbitration commission.

Let's figure out a few concepts first, there is no one-time laid-off subsidy in the work-related injury insurance benefits. The work-related injury insurance subsidy mainly refers to the medical subsidy paid by the work-related injury insurance and the employment subsidy paid by the employer when the work-related injury employee terminates the labor contract with the employer, and these two funds are not paid before the termination of the labor contract. Being laid off for 12 years does not mean terminating the labor contract with you, so the factory can not give it.

If you must take the money, unless you offer to terminate the labor contract with the factory. It depends on whether the laid-off salary given to you by the factory is not worth the money, or the labor contract with the factory is terminated, and you can still find a job or something, which depends on your own consideration.

If the employer does not pay you the layoff allowance, you can file a complaint with the labor department for arbitration.

If the employment relationship is terminated, the employer shall pay you a one-time disability employment subsidy and a one-time medical subsidy, and the employer shall also pay you severance according to your length of service. If it's just a temporary holiday, you should be paid for the time you are on vacation.

Lawyer Xiang Zhongfeng.

Negotiation does not reach a settlement by arbitration.

Lawyer Yang Yanguo.