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Employees can apply for work-related injury recognition by themselves, and as long as they get work-related injury identification, they can enjoy work-related injury benefits.
1. What should I do if the employer does not apply for work-related injury recognition?
If the employer fails to submit an application for recognition in accordance with the regulations, the injured employee, his or her immediate family members, or the trade union organization may directly submit an application to the administrative department of the coordinating area where the employer is located within one year from the date of occurrence of the accident injury or the date of diagnosis or appraisal of the occupational disease. If the employee or his or her immediate family members 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.
2. How can an individual employee apply for a work-related injury determination?
If the employer fails to issue an accident report and apply for work-related injury recognition after an injury (death) accident occurs, the injured employee or his relatives may apply to the labor and social security bureau of the place where the local insurance or the business license of the enterprise is registered may apply. At the same time, individuals applying for work-related injury recognition must bring the following materials:
1. A valid written labor contract or de facto labor relationship certificate between the employee and the employer;
2. Application for Identification of Work-related Injuries of Employees;
3. Employee's ID card and work permit (or work card);
4. Materials on the injury (death) of the employee or the employer (truthfully describing the accident);
5. Relevant circumstantial evidence materials (such as on-site records of written evidence materials of eyewitnesses, **, confession records, etc.);
6. Road traffic accident liability certificate, permanent residence address certification materials, etc. (if it is a traffic accident);
7. Other materials required for the determination of work-related injuries;
8. Certificate of entrustment and kinship of the injured employee (if the application for work-related injury recognition is made by a relative).
The determination of work-related injuries is related to how much work-related injury compensation can be obtained by injured employees in the future, so it must attract everyone's attention. At the same time, individual employees must provide corresponding materials and go through the corresponding procedures when applying for work-related injury determination.
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You can file your own declaration.
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There is only a judicial process
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Legal analysis: If the employer does not apply for work-related injury, the employee can report it by himself. Generally, within 30 days from the date of occurrence of the accident injury or the date of diagnosis or appraisal of an occupational disease, the employer needs to apply for a work-related injury determination.
If the employer does not apply within 30 days, the employee or his/her close relatives may apply for work-related injury appraisal within one year.
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 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. 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.
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If you don't reimburse your salary, then because there is no work-related injury insurance and the company will not reimburse you, then I think you should apply for labor arbitration and the result is what it is.
There is no need for such an enterprise to get used to it, he is used to being afraid of employees, so the company is too public, and he doesn't know how many pounds and taels he has.
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Article 2 of the Interim Measures for Advance Payment of Social Insurance ** Employees or residents (hereinafter referred to as individuals) who participate in basic medical insurance are injured or sick due to the tortious acts of a third party, and their medical expenses shall be borne by the third party in accordance with the determined size of the responsibility according to law. The medical expenses exceeding the third party's liability shall be paid by the basic medical insurance** in accordance with national regulations.
If the third party does not pay the medical expenses that should be paid by the third party in the provisions of the preceding paragraph or the third party cannot be determined, when the medical expenses are settled, the individual may apply in writing to the social insurance agency in the place where the insurance is insured for basic medical insurance** to pay in advance, and inform the cause of his injury or illness and the third party's failure to pay the medical expenses or the inability to determine the third party.
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I have suffered a work-related injury, and the company does not report it, which means that you want to be private. If you are private, it is not recommended to be honest, you can go to the relevant departments to apply for disability, and then go to the labor arbitration department to apply for arbitration after the disability is determined, and you may not be able to maximize your own interests if you are private.
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Regardless of whether you have signed a contract or not, as long as you have a work injury while working, then the company is obliged to treat you. If you sign a contract, things are simpler, if you don't sign a contract, it will be a little more complicated, but in any case, this work-related injury must be reported, if not, you can go to the local labor bureau to sue them, and they will obediently treat you.
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Does the work-related injury company not reimburse you? If you have a normal formal labor contract with the company, the company will help you buy a social insurance, which includes: medical insurance and work-related injury insurance!
However, you must have a work-related injury recognized by the work-related injury insurance! Then the work-related injury insurance will reimburse you for all the medical expenses incurred during the work-related injury. Look no further!
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In the event of a work-related injury, it must generally be recognized by a local authoritative hospital. The specific amount of compensation that can be compensated to you is different in each place. If you are not compensated, you can go to your local labor office.
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If the company does not help you pay social security, the company will pay the compensation, and the company will not pay the compensation, and go to the local labor inspection department to deal with it.
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This is corporate ignorance.
You can directly call ** to return to the Labor Bureau.
If the company does not pay social security, you can also ask for retroactive payment.
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If the work-related injury company does not report it, in this case, then your company must be illegal, and you can apply for labor arbitration at this time. Use labor law to protect your legitimate rights and interests.
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If the company does not report your work-related injury, you can collect relevant evidence and report it to the labor arbitration committee. The Labor Bureau will help you coordinate the handling.
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What should I do if the industrial and commercial company does not report me? Yesterday I talked to the company. Why don't you hold the reason why you don't hold the reason?
You can get to the local area. Civil Affairs Bureau, Labor Bureau, or consult a lawyer. To pay must be borne.
Financial issues with work-related injury reimbursement. The situation is serious, and you can pursue the mage responsibility.
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If the company does not have a work-related injury, you should apply for a work-related injury recognition within 1 year. As for how much you can compensate for a private situation, it depends on your salary standard, disability level, local standards and other factors.
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In the event that the company does not report the work-related injury, in this case, you should file a complaint with the local labor inspection department, or you can solve the problem through court litigation.
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What should I do if the company doesn't report my work-related injury? If you have a normal employment contract with the company, then during the work injury. If the medical expenses incurred are not reimbursed, they should seek labor arbitration.
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If the employer and the individual employee fail to apply to the labor and social security department for recognition of work-related injury within the time prescribed by the relevant laws, the employee will lose the right to apply for recognition of work-related injury, and if he or she wants to obtain compensation, the employee can only file a lawsuit with the court.
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What should I do if the company doesn't report my work-related injury? If the industry and commerce do not give you a hug, you can find the local police station, or you can find the labor inspection brigade or the business administration office.
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What should I do if the company does not report the work-related injury? If you are injured at work, the company will not report it to you, you can go to your own appraisal and appraisal, what is the level of disability? If you are in a hurry, you will definitely report it to the company if you give it to the company.
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Since the company admits the work-related injury, he has to change the reimbursement, if it is not reimbursed, then it must be resolved through negotiation with him, and if it is not possible, it must be resolved through labor arbitration.
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What should I do if the company doesn't report my work-related injury? You can sue the company with the relevant authorities because of the injuries you inflicted on the company.
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If you do not report the work-related injury wages, you can go to the labor arbitration to report and complain, and the labor arbitration will definitely take care of your wishes.
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If a formal contract is signed and the work-related injury company does not report it, the first thing to do is to protect your rights through legal channels, such as industrial and commercial labor arbitration.
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What should I do if I don't report my work-related injury? If you do not report your work-related injury, you should go to the arbitration committee for consultation and help, because it is a work-related injury, and it is unreasonable not to report it.
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The work-related injury company does not report it, and you should find your husband and his theory here. He should have reported you for work-related injury benefits.
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You can go to your local labor department to report it. The law has provisions for the protection of working people in this regard. Collect relevant evidence to deal with.
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The first is to go to the labor arbitration department to determine whether it is a work-related injury, and after determining whether it is a work-related injury, it is necessary to provide a formal expense bill to the department insurance that pays work-related injury insurance. The company has the right to handle it on your behalf.
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Take out the proof of the fact of work-related injury, and the certifier can go directly to the labor arbitration commission to sue the company!
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You can only go to the labor department and let them come forward. You should have insurance when you go to work.
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Labor Department Complaint **12333.
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In practice, employees who are injured in the line of duty can apply for work-related injury insurance claims, and they can prepare relevant documents and materials to declare, and generally declare within 30 days of the accident. If the company does not report the work-related injury in a timely manner, what should the company do if the company does not report the work-related injury? After reading the following content compiled by Zhuo Zheng lawyer for you, it will definitely be helpful to you.
Method Step 1: File a complaint with the labor administrative department and ask for payment.
2. You can first apply to the court for a payment order.
3. Request labor arbitration.
4. Dissatisfied with the arbitration and filed a lawsuit. (A lawyer can be appointed).
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