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1。After the certificate of labor ability appraisal results is issued. If there is 15 days to apply for a re-application, is it necessary to re-apply for this re-application?
If you disagree with the appraisal results, you can apply for reconsideration or file an administrative lawsuit. without the need to re-identify once,2. And if you don't apply for an appraisal again, what should you do next?
The people from the labor bureau said that level 6 can get 62 months of compensation costs, so can we claim other compensation from the company in addition to this cost? Next, you can submit the disability result to the Social Security Administration. They then compensate you according to the relevant criteria.
There is no legal basis for other compensation in the area of work-related injuries. 3。If the company offers to terminate the employment contract with the injured person, what kind of compensation can the injured person receive?
If your situation falls under the laws of the country, you may not terminate the employment contract. Then the unit needs to notify you 30 days in advance. You will also need to be paid double the severance payment.
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If they are not satisfied with the appraisal conclusion, they may submit an application for another appraisal conclusion to the provincial labor ability appraisal committee within 15 days of receiving the appraisal conclusion. 2. Estimate the amount of compensation. Workers' compensation includes:
Medical expenses, wages during the period of leave of absence, hospital meal allowance, nursing expenses, transportation expenses, etc. 3. Handling compensation matters. In the course of work, employees need to keep relevant evidence of the employment relationship with the employer and the causes and consequences of their work-related injuries according to the nature and content of their work.
Legal basis: Article 30 of the Regulations on Work-related Injury Insurance 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 prescribed by the social insurance administrative department in conjunction with the health administrative department, the food and drug supervision and administration department and other departments. The food subsidy for the hospitalization of the employee for the work-related injury, as well as the transportation, accommodation and accommodation expenses required for the work-related injury employee to seek medical treatment outside the co-ordination area shall be paid from the work-related injury insurance, and the specific standard of payment shall be stipulated by the people of the co-ordination area.
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 work-related injury employee goes to the medical institution that has signed the service agreement to carry out the work-related injury**, if it meets the requirements, it shall be paid from the work-related injury insurance**.
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Legal Analysis] 1. After getting the conclusion of the labor ability appraisal, the next step is to apply for work-related injury insurance compensation.
Workers' Compensation Process.
1) The employer shall report the work-related injury to the Labor Bureau within 30 days after the accident, apply for labor ability appraisal after having a work-related injury certificate, and then compensate by the work-related injury insurance institution.
2) If the employer fails to declare within 30 days: the injured employee shall apply to the local labor bureau for work-related injury recognition within one year after the accident, apply for labor ability appraisal after obtaining the work-related injury identification, and apply for compensation to the work-related injury insurance institution according to the disability level after the appraisal results are obtained.
2. If the employer fails to pay work-related injury insurance for the employee: the unit shall compensate according to the standards stipulated in the Regulations on Work-related Injury Insurance, and the procedures for applying for work-related injury recognition and labor ability appraisal shall be the same as above.
3. Regarding the application for work-related injury recognition and claim for work-related injury compensation: if the negotiation fails, labor arbitration can be initiated.
Legal basis] Regulations on Work-related Injury Insurance》 Article 37 If an employee is identified as having a disability of grade 7 to 10 due to work-related disability, he or she shall enjoy the following benefits:
1) A one-time disability subsidy shall be paid from the work-related injury insurance** according to the level of disability, and the standard is: 13 months' salary for the seventh grade disability, 11 months' salary for the eighth grade disability, 9 months' salary for the ninth grade disability, and 7 months' salary for the tenth grade disability (2) If the labor or employment contract is terminated upon expiration, or the employee himself proposes to terminate the labor or employment contract, 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.
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Legal analysis: 1. Check the appraisal conclusion: if you are not satisfied with the appraisal conclusion (level) or have doubts about it, you can apply to the provincial labor ability appraisal committee for another appraisal conclusion within 15 days of receiving the appraisal conclusion.
2. Estimate the amount of compensation: After the work-related injury is identified, the amount of compensation can be calculated according to the appraisal standard. 3. Deal with compensation matters.
In addition to the daily headache and brain fever that will affect our work, we may also suffer work-related injuries due to accidents or other reasons in the process of work.
Legal basis: Measures for the Determination of Work-related Injuries
Article 23 Where an employee, his close relatives or an employer is dissatisfied with the decision not to accept the case or the decision to determine a work-related injury, he or she may apply for administrative reconsideration or initiate an administrative lawsuit in accordance with law.
Article 24: After the determination of work-related injuries is completed, the social insurance administrative departments shall keep the relevant materials of the work-related injury determinations for 50 years.
Article 25 Where an employer refuses to assist the social insurance administrative department in the investigation and verification of the accident injury, the social insurance administrative department shall order it to make corrections and impose a fine of not less than 2,000 yuan but not more than 20,000 yuan.
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