Can I find a solution to the Labor Bureau if the judicial mediation of a work related accident fails

After the occurrence of a labor dispute, the parties may apply to the labor dispute mediation committee of the unit for mediation; If mediation fails, if one of the parties requests arbitration, it may apply to the Labor Dispute Arbitration Commission for arbitration, and one of the parties may also directly apply to the Labor Dispute Arbitration Commission for arbitration.

In any of the following circumstances, it shall be found to be a work-related injury:

1. Being injured in an accident during working hours and in the workplace due to work 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. During working hours and in the workplace, due to violence and other accidental injuries due to the performance of work duties;

4. Suffering from occupational diseases;

5. During the period of going out for work, the person is injured due to work reasons or the whereabouts of the accident are unknown;

6. Being injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train that is not the person's primary responsibility while commuting to or from work;

7. Other circumstances that shall be recognized as work-related injuries as provided by laws and administrative regulations.

If the average monthly wage of an injured employee in the 12 months prior to the injury is lower than 60% of the average salary of the employee in the previous year, 60% of the average monthly salary of the employee in the previous year shall be used as the basis for calculating and paying the disability allowance.

Article 37 of the Regulations of the People's Republic of China on Work-related Injury Insurance Article 37 If an employee is identified as a grade 7 to 10 disability due to work-related disability, he or she shall enjoy the following benefits:

1) A one-time disability subsidy shall be paid according to the level of disability from work-related injury insurance, and the standard is: 13 months' salary for grade 7 disability, 11 months' salary for grade 8 disability, 9 months' salary for grade 9 disability, and 7 months' salary for grade 10 disability;

2) If the labor or employment contract is terminated upon expiration, or the employee himself or herself proposes to terminate the labor or employment contract, the work-related injury insurance shall pay a one-time medical subsidy for work-related injuries, 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.

1.Yes, 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 employer does not apply, the individual employee must apply within one year from the date of injury;

2.If the injury is determined to be work-related injury, after obtaining the work-related injury determination decision issued by the labor department, the medical expenses shall be paid in full by the employer, and the wages during the period of suspension of work (work-related injury **, **) shall be paid according to the original treatment. If nursing care is required during the suspension period, the unit shall be responsible, and the food allowance during the hospitalization shall be paid according to the standard of the place where the injured employee is located;

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 level of disability;

4.If the employer fails to fulfill the above obligations, the injured employee can file a complaint with the local labor inspection brigade or directly go to the labor arbitration commission to apply for arbitration to protect his or her legitimate rights and interests.

Can workers' compensation disputes be mediated?

Workers' compensation disputes can be mediated. The parties can privately sign a settlement agreement, which is regarded as a civil contract, and both parties have the obligation to perform the agreement. If the two parties sign a mediation agreement through the mediation of the labor arbitration commission, the agreement has the force of law, and if one party fails to perform, it can directly apply to the court for enforcement.

Work-related injuries, also known as industrial injuries, occupational injuries, industrial injuries, and work-related injuries, refer to injuries caused by adverse factors and occupational diseases suffered by workers when engaging in occupational activities or activities related to occupational activities.

First, distinguish between a work-related injury dispute and an employment damage compensation case. There is a big difference in the compensation procedures and standards between the two, and there is also a difference in the amount of compensation caused. If it is a labor dispute, it is necessary to first apply for a determination of work-related injury, and then apply for a labor ability appraisal in accordance with the law, and claim compensation for the appraisal conclusion, and if the negotiation fails, a labor arbitration shall be initiated.

The compensation for work-related injuries is based on one's own salary and average salary, and the defendant in the lawsuit is the employer.

However, if it is a temporary labor service or employment act, the employer shall bear a certain liability for compensation, and if the negotiation fails, it can directly sue the employer to bear the liability for compensation.

Legal basis. Article 39 of the Regulations on Work-related Injury Insurance If an employee dies on the job, his close relatives shall receive funeral subsidies, pensions for dependent relatives and one-time work-related death subsidies from the work-related injury insurance in accordance with the following provisions:

1) Funeral subsidy: 6 months of the average monthly salary of employees in the overall area in the previous year;

40 per cent per month for spouses, 30 per cent per month for other relatives, and 10 per cent per month for each elderly or orphan who is alone or orphaned. The sum of the approved pensions for dependent relatives shall not be higher than the wages of the employee who died in the course of work. The specific scope of support for relatives shall be prescribed by the social insurance administrative department;

Where a disabled employee dies as a result of a work-related injury during the period of suspension of work with pay, his close relatives shall enjoy the benefits provided for in the first paragraph of this article.

Where an employee with a disability of the first to fourth grades dies after the expiration of the period of suspension with pay, his close relatives may enjoy the benefits provided for in items (1) and (2) of the first paragraph of this article.

In order to fully protect the legitimate rights and interests of all parties involved in work-related injury disputes, especially the legitimate rights and interests of injured workers and their relatives, China's relevant laws and regulations now provide a variety of ways to resolve work-related injury disputes. (1) Application for administrative reconsideration According to the relevant provisions, the employee applying for work-related injury determination or his immediate family members, or the employee's unit is not satisfied with the work-related injury determination conclusion; If an injured employee or his or her immediate family members have objections to the work-related injury insurance benefits approved by the handling agency, they may apply for administrative reconsideration in accordance with the law. (2) Initiating an administrative lawsuit If the employee or his immediate family member who applies for the determination of work-related injury or the unit to which the employee belongs is not satisfied with the conclusion of the work-related injury determination, and the injured employee or his immediate family member has objections to the work-related injury insurance benefits approved by the handling agency, after administrative reconsideration, if he is still dissatisfied with the administrative reconsideration, he may file an administrative lawsuit in accordance with the law.

3) Application for mediation, arbitration, or filing of a civil lawsuit or negotiation to resolve a dispute between an employee and the employer over the treatment of work-related injuries shall be handled in accordance with the relevant provisions on the handling of labor disputes. According to Article 77 of the Labor Law, in the event of a labor dispute between an employer and an employee, the parties concerned may apply for dissolution, arbitration, file a lawsuit, or resolve it through negotiation in accordance with the law. It can be seen that disputes related to work-related injury benefits can be resolved through negotiation, mediation or arbitration, or civil litigation can be filed.

It should be pointed out that a civil lawsuit must be arbitrated before it can be filed, otherwise the court will not accept it.

Labor arbitration can apply for compensation for: unpaid wages and commissions; severance and compensation for the termination or termination of the labor contract; liquidated damages for the employee's violation of the service period or non-competition restriction; medical expenses for work-related injuries; Other.

Article 2 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes 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 or 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, work-related injuries, medical expenses, economic compensation, or compensation for those who have been trembling; (6) Other labor disputes as provided for by laws and regulations. Article 28 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes The claimant shall submit a written application for arbitration and submit a copy according to the number of respondents.