How to deal with such a work related accident

According to the provisions of Article 29, Paragraph 3 of the Regulations on Work-related Injury Insurance:

**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 formulated by the labor and social security administrative department in conjunction with the health administrative department, the drug regulatory department and other departments.

Therefore, your employer can tell the worker that your employer or work-related injury insurance only pays for medical expenses that have a legal basis for norms, and expenses that exceed the necessary medical expenses will inevitably not be recognized by the labor department, nor will the employer or insurance agency approve the medical expenses in the end.

Legal basis: Regulations on Work-related Injury Insurance.

Article 29 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 formulated by the labor and social security administrative department in conjunction with the health administrative department, the drug regulatory department and other departments.

If an employee is hospitalized and injured at work, the unit shall pay the hospitalization meal subsidy according to 70% of the unit's food subsidy standard for business trips; If an injured employee seeks medical treatment outside the overall planning area with a certificate issued by a medical institution and approved by the handling agency, the required transportation, food and lodging expenses shall be reimbursed by the unit in accordance with the standard for employees traveling on business for business purposes.

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.

If the cost of the injured employee to the medical institution that has signed the service agreement is met, it shall be paid from the work-related injury insurance.

The labor department said she was not discharged from the hospital and they could not participate. Can I only go to the labor department after being discharged from the hospital?

After a work-related accident, the employer shall apply to the Human Resources and Social Security Bureau for work-related injury determination within 30 days if the employee is injured in an accident. After the injury is stabilized, apply for a working ability appraisal. After the completion of the work-related injury determination and labor ability appraisal procedures, the specific compensation standard can be determined.

Paragraph 1 of Article 17 of the Regulations on Work-related Injury Insurance stipulates that 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 of Occupational Diseases, the unit to which he or she 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 region. In case of special circumstances, the time limit for application may be appropriately extended with the consent of the social insurance administrative department. Paragraph 1 of Article 17 of the Regulations on Work-related Injury Insurance provides that 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 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 region.

In case of special circumstances, the time limit for application may be appropriately extended with the consent of the social insurance administrative department.

1. First apply to the labor and social security administrative department for work-related injury recognition.

Article 17 of the Regulations on Work-related Injury Insurance Article 17 An 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 apply to the labor and social security administrative department of the co-ordinating area where the employer is located for recognition of work-related injury.

Article 20 The administrative department for labor and social security shall, within 60 days from the date of accepting the application for determination of work-related injury, make a decision on the determination of work-related injury, and notify the employee or his immediate family members and the worker's unit in writing of the application for work-related injury determination.

2. After the work-related injury is identified, the labor ability appraisal will be carried out.

Article 21 Where an employee suffers a work-related injury and has a disability that affects his or her ability to work after the injury is relatively stable, an appraisal of his or her ability to work shall be conducted.

Article 22 The appraisal of labor ability refers to the grading appraisal of the degree of labor dysfunction and the degree of self-care impairment.

There are 10 levels of disability for labor dysfunction, with the most severe being level 1 and the least being level 10.

There are three levels of self-care disorders: complete inability to take care of oneself, inability to take care of oneself most of one's life, and partial inability to take care of oneself in life.

3. Enjoy work-related injury insurance benefits according to the identified labor ability level.

1. Submit an application for recognition of work-related injury. 2. Fill in the application form for work-related injury identification. 3. The labor and social security department shall conduct a review and determination.

4. The labor and social security departments make a decision on the determination of work-related injuries. 5. If they are not satisfied with the determination of work-related injuries, they shall file a reconsideration or administrative lawsuit. 6. Apply for labor ability appraisal.

7. Negotiate with the employer on work-related injury compensation matters, and if the negotiation fails, the employer shall apply for labor arbitration in a timely manner. 8. If one of the parties is dissatisfied with the arbitral award, it shall file a lawsuit with the people's court. 9. Those who are dissatisfied with the first-instance judgment shall submit an appeal within 15 days.

The second-instance judgment is final and takes legal effect after it is served.

The company will pay compensation according to the workers' compensation, and your uncle's insurance can also pay according to the insurance contract.

Have you applied for labor arbitration, your uncle bought life insurance, if the factory makes compensation, the insurance company still needs to compensate.

Handled like this:

If the victim intentionally causes the work-related accident, the victim shall bear the responsibility himself/herself, and the unit shall not be liable.

If the victim has no intention and the accident is caused by a third party, the unit shall pay compensation in advance, and the unit shall recover from the third party.

If the accident is not intentional by anyone, and there is work-related injury insurance, the insurance company will compensate for the accident, and the unit will compensate for the deficiency;

If there is no work-related injury insurance, the employer shall compensate in full.

Work-related injuries can be handled by prosecution or through negotiation.

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!

First of all, it is necessary to rescue the wounded in time and send them to the nearest hospital as quickly as possible; Secondly, it is necessary to protect the scene to facilitate the investigation and evidence collection of the accident; Third, in accordance with the relevant provisions of the "Regulations on Work-related Injury Insurance", a series of work such as work-related injury identification, medical treatment, insurance, and disability subsidies should be done for ** personnel; Fourth, it is necessary to analyze the accident according to the principle of "not letting go of the four things," deal with those responsible for the accident, and let the broad masses of workers and workers learn lessons from it, receive education, and take preventive measures to prevent the occurrence of repeated accidents.

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:

1. To apply to the Human Resources and Social Security Bureau for the recognition of work-related injury, the company needs to declare 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 ** according to 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 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.

1. Apply for work-related injury recognition first, and only after being recognized as work-related injury can compensation be made according to work-related injury;

2. Then do the appraisal of labor ability, and determine the work-related injury compensation standard according to the disability level after the appraisal, and different levels have their corresponding compensation standards;

3. Claims can be resolved through negotiation, or they can directly apply for labor arbitration to protect their legitimate rights and interests.