Work related injury handling problems! Urgent, urgent, urgent!!

1 6 9 level depends on your injury, because I don't see your situation now.

2. After the appraisal, you should wait for the notice of the face-to-face inspection, and then the expert group will conduct an appraisal of your labor ability, generally within 3 months, and finally you will receive the work-related injury fee within 1 to 2 months if you have no objection to the grade.

3. Generally, it is better to leave after signing, because there is a part of the money that you want to return to the unit is the medical expenses, and the reimbursement is not the full amount.

4. If you are not competent at that time, you will be compensated, and at the same time, if you don't want to do this job, it is better to go, if you think this job is better, do not resign.

1. I don't know how many levels of disability it is, but it has to be identified by medicine. It's called disability level identification!

2. Generally about 1 month!

3. It doesn't matter when, but as soon as possible, your statute of limitations is about to expire.

4. That's your local standard of living, if you want to calculate how much you want to pay for the claim, go to the legal aid center to find a lawyer, and it is estimated that it will help you calculate it for free!

It is recommended to do the appraisal as soon as possible, and do not be a lawsuit!

Otherwise, there is no regret!

It can be assessed as a grade 9 disability. It doesn't matter where you resign. When you give the disability certificate to the other party, be sure to keep the evidence for the other party.

Because the other party has the right to challenge your disability appraisal within 15 days, you can submit it to the higher level of the laboratory for re-appraisal. After 15 days, if the other party has no objection, it is considered that the other party has acquiesced. You will be able to claim according to the level 9 disability standard set by the state.

You can hand it over to the company, but ask the company to apply for a work-related injury determination, and the company will postpone it, you can apply by yourself, pay attention to it quickly, and do not exceed the one-year application period.

Legal basis. Article 17 Where 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 labor and social security administrative department of the coordinating region. 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 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 labor and social security administrative department in accordance with the provisions of the first paragraph of this Article shall be handled by the labor and social security 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.

Article 18 The following materials shall be submitted to submit an application for determination of work-related injury:

1) Application form for determination of work-related injury;

2) Proof of the existence of an employment relationship (including a de facto employment relationship) with the employer;

3) Medical diagnosis certificate or occupational disease diagnosis certificate (or occupational disease diagnosis and appraisal certificate).

The application form for determination of work-related injury shall include basic information such as the time, place, and cause of the accident, as well as the degree of injury of the employee.

Where the materials provided by the applicant for work-related injury determination are incomplete, the labor and social security administrative department shall inform the applicant of all the materials that need to be supplemented and corrected in writing at one time. After the applicant requests to supplement and correct the materials in accordance with the written notice, the labor and social security administrative department shall accept the application.

It is necessary to write, find someone who can write! It's a procedural issue!

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

First of all, under the employment relationship, the employer should bear the corresponding legal liability for the damage caused by the employee to a third party, so it is inappropriate to award the driver and the employer joint and several liability. However, since it is already an effective judgment, then, as far as the court's judgment is concerned, since it is joint and several liability, one party can recover from the other party after assuming responsibility.

Secondly, under the employment relationship, only the employee shall be liable for compensation for the damage caused by intentional or gross negligence, because the traffic accident is a negligent act. In this case, as the driver of the employee, he was primarily responsible for the accident, which can be confirmed as a gross negligence and can be recovered.

Third, since it is a recovery, of course, the recovery is within the scope of its estate. It is also recommended that the heirs of the estate of the driver who caused the accident need to be sued, otherwise it will be difficult to deal with. Blessing!

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!

It is recommended that you find witnesses to prove it, and then apply to the labor arbitration commission or file a lawsuit in court.

1.The employment contract is not the only basis for judging the existence of an employment relationship, if you can prove that you have been working for the company since July, you can determine the existence of an employment relationship.

2.The point is that the injury is required to be made during working hours, or as a result of work, which is obviously difficult to determine based on the information you provide. However, this is not absolute, depending on the nature of your job, if your job is a 24-hour or three-shift work, you can apply for workers' compensation.

FYI.

The time limit for filing an application for work-related injury is two months, otherwise the labor department will not accept it. I wonder if your statute of limitations has passed? This problem is serious.

It's not hard to confirm that your injury is a real problem when you're resting.

You first take the initiative to hand over the information to the labor department, and it is their business whether they do it or not. According to the regulations, the disability assessment should be made within 60 days.

1. Go to the local labor department to apply for work-related injury recognition (if the employer does not apply for recognition for you, the injured or the injured person's family can apply to the labor department for work-related injury recognition within one year);

2. Materials to be submitted: proof of labor relationship between you and the employer (labor contract or salary card or payslip or attendance sheet), original and copy of the injured person's ID card, diagnosis certificate issued by the hospital, outpatient medical records, inpatient medical records, two witnesses from the unit to issue witness testimony for you, etc.;

3. After the work-related injury is identified, you can apply for labor ability appraisal to identify the work-related injury level and request compensation from the unit.

I read the "Regulations on Work-related Injury Insurance" and can read it in half an hour, and I have a full set of measures for what to do. Just follow the instructions above. When I have time, I will go to the labor bureau and ask about the average salary of the local area for the previous year, and everything is fine.

Go directly to the provincial** or court-designated hospital to do it.

I have to talk about the national regulations first:

Article 36 Where an employee is assessed as having a Grade 5 or Grade 6 disability due to work-related disability, he or she shall enjoy the following benefits:

1) A one-time disability subsidy shall be paid according to the level of disability from work-related injury insurance**, and the standard is: 18 months' salary for grade 5 disability and 16 months' salary for grade 6 disability;

2) Retain the labor relationship with the employer, and the employer shall arrange appropriate work. If it is difficult to arrange work, the employer shall pay the disability allowance on a monthly basis, the standard is: 70% of the salary for the fifth grade disability and 60% of the salary for the sixth grade disability, and the employer shall pay all the social insurance premiums due to the employee in accordance with the regulations.

If the actual amount of disability allowance is lower than the local minimum wage, the employer shall make up the difference.

Upon the request of the injured employee, the employee may terminate or terminate the labor relationship with the employer, and the work-related injury insurance** shall pay a one-time medical subsidy for work-related injury, 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.

It should be noted here that the base for paying work-related injury insurance is not based on your personal salary standard, your salary is too low, but on the average salary of local on-the-job employees in the previous year, and the average salary of the previous year is subject to the provincial Bureau of Statistics and the Department of Human Resources and Social Insurance. Therefore, when calculating the one-time disability allowance, it is calculated based on the average local salary of the previous year.

Hello, it is recommended to apply for a work-related injury identification before you can do a work-related injury identification. The amount of compensation can only be finalized after the appraisal level, and the amount of compensation will vary from place to place for the same level. If you are not familiar with it, it is advisable to seek the help of a lawyer.

Or do it as follows:

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 leave of absence, 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.

It is necessary to apply to the Labor Bureau for work-related injury recognition and conduct a labor ability appraisal. After the results are out, if the negotiation is not good, a labor arbitration award may be filed in accordance with the law.

Immediately go to the work-related injury determination section of the labor department where the employer is located to apply for a work-related injury determination.

All etc. Work-related injury certificate After confirming the work-related injury, the work-related injury compensation will be arbitrated.

Apply for work-related injury identification, and then do a disability appraisal, and compensate according to the disability appraisal level. If the negotiation fails, apply for labor arbitration to settle the matter.

It's a bit messy to write. The examination at Tiantan Hospital may be more in line with the facts from a medical point of view, but it cannot change the results of the labor department's evaluation. If there is any objection to the appraisal result, you can apply to the labor department for a review within one year.

Basis: Article 28 After one year from the date of the conclusion of the appraisal of working ability, if the injured employee or his close relatives, his or her unit or handling agency considers that the disability has changed, he or she may apply for a review and appraisal of his or her working ability.

You can also apply to the labor department at the next higher level for reconsideration or file a lawsuit with the court.

Basis: Article 55: In any of the following circumstances, relevant units or individuals may apply for administrative reconsideration in accordance with law, and may also file an administrative lawsuit in the people's court in accordance with law:

2) The employee applying for a work-related injury determination, his or her close relatives, or the employee's work unit, are not satisfied with the work-related injury determination conclusion;

5) The injured employee or his close relatives have objections to the work-related injury insurance benefits approved by the handling agency.

Go to the labor arbitration department, go to 114** to consult the address and**ah.