What should I do if the employer reports a work related injury and the third party determines that i

Where does the third party mean?

The determination of work-related injuries shall be determined by the Work-related Injury Identification Section of the Municipal Human Resources and Social Security Bureau.

1. How to compensate for a work-related injury if there is a third-party liable?

If the work-related injury is caused by a third party, if the third party does not pay the work-related injury compensation or the third party cannot be determined, the work-related injury insurance shall pay in advance. It is then recovered by the workers' compensation insurance**.

Social Insurance Law of the People's Republic of China

Article 42 ; If the work-related injury is caused by a third party, and the third party does not pay the medical expenses for the work-related injury or the third party cannot be determined, the work-related injury insurance** shall pay in advance. After the work-related injury insurance** is paid in advance, it has the right to recover from a third party.

2. How to apply to the company for work-related injury benefits.

1. Procedures for determining work-related injuries.

The procedure for the social insurance agency to investigate and determine whether the work-related injury (death) accident is a work-related injury, which is the first step for general work-related injuries. However, if the employer agrees in writing that it is a work-related injury and does not have work-related injury insurance, it may not go through this procedure.

Pay attention to the two times for the determination of work-related injury: if the employer does not file a work-related injury determination, the injured person must apply to the labor department within one year from the date of the accident. After the investigation and determination of the social security agency, the unit and the injured person shall be notified in writing.

2. Work-related injury appraisal procedures.

Work-related injury appraisal refers to the act of assessing the disability level of an employee who applies for work-related injury appraisal on the basis of his or her work-related injury determination (i.e., after going through the procedure for determining the completion of the injury) after the completion of his or her medical treatment or the expiration of the medical treatment period. In a broad sense, the appraisal of work-related injuries includes the appraisal of working ability and the appraisal of disability level. In the narrow sense, work-related injury identification refers to the identification of the level of disability.

3. Negotiate compensation procedures.

After the work-related injury is appraised, the amount of compensation can be calculated according to the appraisal standard. If the unit has taken out work-related injury insurance, the national work-related injury insurance agency will directly issue work-related injury insurance benefits according to the standards. If they are not insured (especially at the work-related injury insurance institution), they will negotiate with the employer to settle the matter according to the standards.

4. Labor arbitration procedure.

If the dispute cannot be resolved through negotiation with the employer, the arbitration procedure may be initiated in accordance with the labor arbitration regulations.

5. Court trial procedures.

Those who are dissatisfied with labor arbitration may file a lawsuit with the court for resolution. Those who are dissatisfied with the judgment of the court of first instance may appeal to the court of second instance in accordance with law.

1. Does the employer compensate for work-related injuries caused by a third party?

Article 42 of the Social Insurance Law stipulates that if a work-related injury is caused by a third party, and the third party does not pay the medical expenses for the work-related injury or the third party cannot be determined, the work-related injury insurance shall pay in advance. After the work-related injury insurance** is paid in advance, it has the right to recover from a third party.

The total amount of medical expenses determined by the work-related injury insurance agency in accordance with legal documents and other legal and effective bases shall be compared with the total amount of medical expenses that should be paid by work-related injury insurance**, and the shortfall shall be made up. Other work-related injury insurance benefits shall be paid according to the items and standards stipulated in the Regulations on Work-related Injury Insurance.

To sum up, if there is a work-related injury caused by a third party, you can enjoy both personal injury compensation and work-related injury compensation, but the items that are well compensated cannot be repeated.

2. What are the items of work-related injury compensation?

1) Medical expenses. According to paragraph 3 of Article 30 of the Regulations on Work-related Injury Insurance, if the expenses required for work-related injury meet the requirements of work-related injury insurance diagnosis and treatment items, work-related injury insurance drug list, and work-related injury insurance hospitalization service standards, they shall be paid from work-related injury insurance**.

2) Hospitalization meal subsidy. According to paragraph 4 of Article 30 of the Regulations on Work-related Injury Insurance, it shall be prescribed by the people of each work-related injury insurance co-ordination area**.

3) Transportation expenses, accommodation and food expenses. According to paragraph 4 of Article 30 of the Regulations on Work-related Injury Insurance, it shall be prescribed by the people of each work-related injury insurance co-ordination area**.

4) **** fee. According to paragraph 6 of Article 30 of the Regulations on Work-related Injury Insurance, according to local regulations, **** shall be assessed by experts organized by the handling agency and paid from work-related injury insurance.

5) Assistive device fee. According to Article 32 of the Regulations on Work-related Injury Insurance, the installation of prostheses, orthoses, artificial eyes, dentures, wheelchairs and other assistive devices shall be subject to the quota standards of work-related injury assistive devices in each province or municipality directly under the Central Government due to the needs of daily life or employment, as confirmed by the Labor Ability Appraisal Committee.

6) Suspension of work with pay. According to Article 33 of the Regulations on Insurance for Work-related Injuries, during the period of suspension of work, the original salary and benefits shall remain unchanged and shall be paid by the employer on a monthly basis. The period of leave without pay is generally not more than 12 months.

If the injury is serious or the circumstances are special, it may be appropriately extended upon confirmation by the labor ability appraisal committee at the districted city level, but the extension shall not exceed 12 months.

7) Nursing expenses. According to Article 34 of the Regulations on Work-related Injury Insurance, if a person is assessed to be in need of nursing care after disability and is completely unable to take care of himself, he or she shall be entitled to 50% of the average monthly salary of the employee in the previous year; Most of them are unable to take care of themselves, and 40 of the average monthly salary of employees in the previous year is coordinated; Some of them are unable to take care of themselves, and 30% of the average monthly salary of employees in the previous year is coordinated.

8) Disability allowance. According to articles 35 to 37 of the Regulations on Work-related Injury Insurance, compensation is paid according to the level of disability.

9) Disability allowance. According to articles 35 to 37 of the Regulations on Work-related Injury Insurance, compensation is paid according to the level of disability.

Legal analysis: If the infringement of a third party is determined to be a work-related injury, double compensation can be made. If the worker is found to have suffered a work-related injury due to the infringement of a third party, he or she shall claim compensation for personal injury from the third party, and after obtaining compensation for the personal injury of the party causing the accident, he may enjoy the benefits of work-related injury relief insurance in addition to medical treatment for work-related injuries.

Legal basis: Social Insurance Law of the People's Republic of China Article 42 If a work-related injury is caused by a third party's concealment, and the third party does not pay the medical expenses for the work-related injury or the third party cannot be determined, the work-related injury insurance shall pay in advance. After the work-related injury insurance** is paid in advance, it has the right to recover from a third party.

Legal analysis: If the infringement of a third party is determined to be a work-related injury, double compensation can be made. If the worker is determined to have suffered a work-related injury due to the infringement of a third party, he or she shall claim compensation for personal injury from the third party, and after obtaining compensation for the personal injury of the party causing the accident, he may enjoy work-related injury insurance benefits other than medical treatment for work-related injury.

Legal basis: "Social Insurance Law of the People's Republic of China" Article 42 If a work-related injury is caused by a third party, and the third party does not pay the medical expenses for the work-related injury or the third party cannot be determined, the work-related injury insurance shall pay in advance. After the work-related injury insurance** is paid in advance, it has the right to recover from a third party.

Compensation for personal injuries should be claimed from a third party, and after obtaining compensation for personal injuries from the party causing the accident, they may enjoy work-related injury insurance benefits other than work-related injury medical treatment.

If a third party causes a work-related injury, the protection of rights is that the injured employee may request the third party to pay the medical expenses for the work-related injury; If the two parties fail to reach an agreement through negotiation, the injured employee or his employer may request the work-related injury insurance to be paid in advance; The work-related injury insurance** will then recover from the third party.

What materials should be submitted to apply for work-related injury determination?

Individuals need to submit the following materials when applying to the labor and social security administrative department for work-related injury determination:

1) "Application for Determination of Work-related Injury" (the above-mentioned departments generally have a fixed format**, which can be filled in as required);

2) Diagnosis of the first work-related injury from a designated hospital or medical institution;

3) The identity certificate of the injured employee and the proof of the existence of labor relationship with the enterprise;

4) If it is proposed by relatives, it is also necessary to submit relevant kinship certificates and power of attorney;

5) Other relevant supporting materials.

A qualitative act of a worker who infringes on his or her person due to improper operation or other reasons in the course of work or deemed work, and conducts a qualitative act in order to identify the subject of the infringement. According to the relevant regulations of our country, the root potato sales are generally confirmed by the labor administrative department.

We hope you find the above helpful, and if you have any other questions, please consult a professional lawyer.

Legal basis]: Article 42 of the Social Insurance Law of the People's Republic of China.

If the third party does not pay the medical expenses for the work-related injury or the third party cannot determine the third party, the work-related injury insurance shall pay in advance. After the work-related injury insurance** is paid in advance, it has the right to recover from a third party.