I was injured at work, and all the formalities were completed, and the company just dragged it out a

The company does not pay work-related injury insurance benefits in accordance with the law and applies for labor dispute arbitration.

According to Article 54 of the Regulations on Work-related Injury Insurance, the dispute between the injured employee and the employer over the work-related injury insurance benefits is a labor dispute, and in accordance with Article 5 of the Labor Dispute Arbitration and Mediation Law, if the negotiation fails, the employee shall apply for labor dispute arbitration. Upon the arbitral award, the company fails to perform its obligations under the award and applies to the people's court for enforcement.

Regulations on Work-related Injury Insurance

Article 54 Any dispute between an employee and an employer concerning the treatment of work-related injuries shall be handled in accordance with the relevant provisions on the handling of labor disputes.

Labor Dispute Arbitration and Mediation Law

Article 5 In the event of a labor dispute, if the parties are unwilling to negotiate, fail to negotiate or fail to perform after reaching a settlement agreement, they may apply to the mediation organization for mediation; If the applicant is unwilling to mediate, fails to mediate, or fails to perform after reaching a mediation agreement, he or she may apply to the Labor Dispute Arbitration Commission for arbitration; If a person is dissatisfied with an arbitral award, he or she may file a lawsuit in the people's court, except as otherwise provided by this Law.

Article 51: The parties shall perform on legally effective mediation documents or rulings within the prescribed time limit. If one party fails to perform within the time limit, the other party may apply to the people's court for enforcement in accordance with the relevant provisions of the Civil Procedure Law. The people's court accepting the application shall enforce it in accordance with law.

If an employee has a dispute with the employer over work-related injury compensation, the employee can apply for labor arbitration to protect his or her rights.

In accordance with the Law on Mediation and Arbitration of Labor Disputes

Article 2 This Law shall apply to the following labor disputes between employers and workers within the territory of the People's Republic of China:

1) Disputes arising from the confirmation of labor relations;

2) Disputes arising from the conclusion, performance, modification, rescission and termination of labor contracts;

3) Disputes arising from removal, dismissal, resignation, or resignation;

4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training, and labor protection;

5) Disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, etc.;

6) Other labor disputes as stipulated by laws and regulations.

Article 5 In the event of a labor dispute, if the parties are unwilling to negotiate, fail to negotiate or fail to perform after reaching a settlement agreement, they may apply to the mediation organization for mediation; If the applicant is unwilling to mediate, fails to mediate, or fails to perform after reaching a mediation agreement, he or she may apply to the Labor Dispute Arbitration Commission for arbitration; If a person is dissatisfied with an arbitral award, he or she may file a lawsuit in the people's court, except as otherwise provided by this Law.

Legal Analysis: The handling method is as follows:

1.First of all, you must apply to the local labor department for work-related injury identification, which is the premise of all problems, without applying for work-related injury identification, you cannot get compensation through work-related injury, if the unit does not apply, the individual employee must apply within one year from the date of injury2If the injury is determined to be work-related injury, the employer shall pay the full amount of the medical expenses after obtaining the work-related injury determination decision issued by the labor department.

3.After the injury is stabilized, you can apply for a labor ability appraisal to identify the level of work-related injury, and then calculate the amount of disability compensation according to the disability level.4If the employer fails to fulfill the above obligations, the injured employee can file a complaint with the local labor inspection brigade.

Legal basis: "Work-related injury insurance provisions".

Article 14 In any of the following circumstances, an employee shall be deemed to have suffered a work-related injury: (1) he or she is injured in an accident during working hours and in the workplace due to work-related reasons; (2) Being injured in an accident while engaging in work-related preparatory or finishing work in the workplace before or after working hours; (3) Suffering violence or other accidental injuries during working hours and in the workplace as a result of performing work duties; (4) Suffering from an occupational disease; (5) During the period when they are away for work, they are injured due to work reasons or their whereabouts are unknown in an accident; (6) Being injured in a traffic accident or an urban rail transit, passenger ferry, or train accident for which they are not primarily responsible while commuting to or from work; (7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.

Article 15 An employee shall be deemed to have suffered a work-related injury under any of the following circumstances: (1) During working hours and at work, he or she dies of a delayed illness of the sudden type or dies within 48 hours after rescue fails; (2) Suffering harm in emergency rescue and disaster relief or other activities to preserve the national interest or the public interest; (3) Employees who previously served in the army, were disabled due to injuries sustained in war or in the line of duty, and have obtained a certificate of disabled revolutionary servicemen, but were injured after arriving at the employer.

Legal analysis: If the labor bureau has determined that the work-related injury has been made, if the employer refuses to pay the work-related injury benefits, the employee may apply to the labor dispute arbitration commission for labor arbitration. In the event of a labor dispute, if the parties are unwilling to negotiate, fail to negotiate, or fail to perform after reaching a settlement agreement, they may apply to the mediation organization for mediation; If the applicant is unwilling to mediate, fails to mediate, or fails to perform after reaching a mediation agreement, he or she may apply to the Labor Dispute Arbitration Commission for arbitration; If the applicant is dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court, except as otherwise provided by the Labor Law.

Legal basis: Social Insurance Law of the People's Republic of China

Article 38 The following expenses incurred due to work-related injuries shall be paid from work-related injury insurance** in accordance with the provisions of the State:

1) Medical expenses and expenses for work-related injuries;

2) Hospitalization meal subsidy;

3) Transportation and accommodation expenses for medical treatment outside the overall planning area;

4) The cost of installing and configuring assistive devices for the disabled;

5) For those who are unable to take care of themselves, the living care expenses confirmed by the Labor Ability Appraisal Committee;

6) A one-time disability allowance and a monthly disability allowance for employees with disabilities of grades 1 to 4;

7) A one-time medical subsidy to be enjoyed when the labor contract is terminated or dissolved;

8) In the event of a work-related death, the funeral allowance, the pension for dependent relatives and the work-related death allowance received by the surviving family members;

9) Labor ability appraisal fee.

Article 39 The following expenses incurred as a result of work-related injuries shall be paid by the employer in accordance with the provisions of the State:

1) Wages and benefits during the work-related injury;

2) The monthly disability allowance received by the disabled employees of the fifth and sixth grades;

3) A one-time disability employment subsidy that shall be enjoyed when the labor contract is terminated or dissolved.

Article 41 Where an employee's employer fails to pay work-related injury insurance premiums in accordance with law, and a work-related injury accident occurs, the employer shall pay work-related injury insurance benefits. If the employer does not pay, it shall be paid in advance from the work-related injury insurance**.

The work-related injury insurance benefits paid in advance from the work-related injury insurance** shall be reimbursed by the employer. If the employer fails to repay, the social insurance agency may recover compensation in accordance with the provisions of Article 63 of this Law.

That's not right! If it is identified as a work-related injury, a work-related injury certificate will be issued to determine the work-related injury, and the employer shall calculate the normal attendance (full payment), and reimburse the nursing expenses, meal allowance, nutrition expenses, etc., and reimburse the full medical expenses by the work-related injury insurance. Three months after you are discharged from the hospital, the work-related injury insurance will pay you a one-time disability allowance and other benefits according to the assessed disability level (transfer the money to the account of the employer).

Negotiate a settlement with the local labor and social security bureau, or file a lawsuit with the court to settle the matter and apply to the court for compulsory enforcement...

If there is a work-related injury and the company does not solve it, you can bring your own materials to apply for work-related injury identification, and the materials to be provided are:

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.

If the employer refuses to compensate, it may apply to the labor dispute arbitration commission for labor arbitration.

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 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 the 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, 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 and training and appraisal of the 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 provided for in the first paragraph of this Article, the employer shall bear the expenses related to the work-related injury that meets the requirements of these Regulations during this period.

If you still have questions about this issue, it is recommended that you organize the relevant information and communicate with a professional in detail.

Legal analysis]: Work-related injury, but the company does not care, the employee can submit the work-related injury determination by himself. If an employee suffers a work-related injury, the employer shall, within 30 days from the date of the work-related injury, submit an application for work-related injury recognition to the social insurance administrative group.

Legal basisArticle 21 of the Regulations on Work-related Injury Insurance If 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, he or she shall be appraised for his or her ability to work.