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It is recommended to apply for a work-related injury determination before you can do a work-related injury identification. The amount of compensation can only be finalized after the appraisal level, and the amount of compensation will vary from place to place for the same level. If you are not familiar with it, it is advisable to seek the help of a lawyer. Or do it as follows:
1. To apply to the Human Resources and Social Security Bureau (formerly the Labor Bureau) for work-related injury identification, the company needs to report within one month of the accident, if the company does not apply, the injured employee or his close relatives shall apply for recognition within one year. Materials to be submitted: application form for work-related injury determination (**generally ** from the Labor Bureau), proof of labor relationship with the employer, medical diagnosis certificate, etc.;
2. If there is a disability that affects the ability to work after the injury is relatively stable, the applicant shall apply for labor ability appraisal and submit an application to the labor ability appraisal committee of the city divided into districts (generally established in the human resources and social security bureau at the same level);
3. According to different disability levels, the compensation obtained is different. The main compensation is: medical expenses, one-time disability allowance, one-time employment allowance, one-time medical allowance, salary during the period of leave of absence, food allowance, nursing expenses, etc.
4. If you do not have a labor contract or other evidence to prove the existence of an employment relationship, and cannot apply for a work-related injury determination, you can first apply for labor arbitration to confirm the existence of an employment relationship between you and the employer. After the existence of an employment relationship is confirmed by labor arbitration, an application for work-related injury determination is made.
5. If the employer has paid social security, most of the compensation will be paid by the social security**, otherwise all will be paid by the employer.
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Write down the details of the application and the difficulties involved.
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It's been so long, it's probably been difficult. You can check with the relevant occupational safety department to see if it's okay. Good luck.
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This issue is relatively broad and involves the scope, procedure, subject and other aspects of compensation. First of all, let's talk about the scope of compensation, mainly including: medical expenses, hospital meal subsidies, transportation, room and board expenses, assistive device expenses, wages during the period of suspension of work, nursing expenses during the period of suspension of work, one-time disability subsidy, termination of labor relations, one-time medical subsidy for work-related injuries and one-time disability employment subsidy, and in the event of work-related death, it also includes the pension of dependent relatives.
Secondly, the compensation procedure is relatively lengthy, and the employer should apply to the labor bureau for recognition of the work-related injury within one month after the occurrence of a work-related injury. If the employer does not apply, the injured person must file an application with the labor department within one year from the date of the accident. After the work-related injury is determined, after the medical treatment is completed or the medical treatment period expires, the labor appraisal committee at or above the county level shall conduct an appraisal of the disability level.
Based on the appraisal results, the compensation standard is calculated. Finally, if the employer has paid work-related injury insurance, except for the wages and one-time employment subsidies during the suspension period, which need to be paid by the company, other items are generally paid by work-related injury insurance; If the employer fails to open an account for the worker's work-related injury insurance, all the compensation involved shall be borne by the employer; If the employer has registered for the work-related injury insurance for the employee but has not paid the insurance premium, and the employee can make up the payment in time after the work-related injury, the relevant expenses shall be borne by the social security and the company through negotiation. Legal basis:
Article 33 of the Regulations on Work-related Injury Insurance? If an employee is injured in an accident or suffers from an occupational disease due to work and needs to suspend work to receive medical treatment for work-related injuries, the original salary and benefits shall remain unchanged during the period of suspension with pay, and shall be paid by the employer on a monthly basis. Article 62 of the Regulations on Work-related Injury Insurance?
If an employee of an employer who is required to participate in work-related injury insurance in accordance with the provisions of these Regulations but does not participate in work-related injury insurance suffers a work-related injury, the employer shall pay the expenses in accordance with the work-related injury insurance benefits and standards stipulated in these Regulations. After the employer participates in the work-related injury insurance and pays the work-related injury insurance premiums and late fees that should be paid, the work-related injury insurance** and the employer shall pay the newly incurred expenses in accordance with the provisions of these Regulations.
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1.First of all, it is necessary to apply to the local labor department for work-related injury recognition, which is the premise of all problems, without applying for work-related injury identification, it is impossible to obtain 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 apply for arbitration to the labor arbitration commission to protect his or her legitimate rights and interests.
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You use your average salary in the past year and apply it to the compensation company for the 10th level disability treatment.
1 Standard: Enjoy a one-time disability allowance: 7 months' salary for grade 10 disability.
2. Requirements: If the labor contract is terminated at the expiration of the term, or the employee himself proposes to terminate the labor contract, the work-related injury insurance shall pay him a one-time medical subsidy for work-related injury and a one-time employment subsidy for disability based on the average monthly wage of the employee in the overall area of the previous year at the time of the termination or termination of the labor contract (the specific standards shall be stipulated by the people of the province, autonomous region and municipality directly under the Central Government).
3. Legal basis: Article 37 of the Regulations on Work-related Injury Insurance.
4. Note: My salary refers to the average monthly salary of the injured employee in the 12 months before he was injured in an accident or suffered from an occupational disease at work. If the salary is higher than 300% of the average salary of employees in the overall planning area, it shall be calculated according to 300% of the average salary of employees in the overall planning area; If the salary of the employee is lower than 60% of the average salary of employees in the overall planning area, it shall be calculated according to 60% of the average salary of employees in the overall planning area.
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1. The failure to sign a labor contract does not affect the determination of work-related injuries and belongs to the scope of work-related injuries;
2. It is recommended to apply for confirmation of labor relationship and apply for work-related injury in a timely manner;
3. Note: The statute of limitations for work-related injuries is one year, please hurry up.
Lawyer Fu Xiaoyan of Zongheng Legal Network.
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If you have not signed a labor contract, as long as there is a de facto labor relationship, you can apply for work-related injury recognition and enjoy work-related injury insurance benefits.
It's best to talk to the mine first, because if the mine can compensate, there is no need to go through the litigation process.
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Go find the relevant part of the reaction situation, and they will send someone to deal with it.
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Employees who are identified as Grade 5 or Grade 6 disabled due to work-related disability 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: 16 months' salary for grade 5 disability and 14 months' salary for grade 6 disability;
2) Retain the labor relationship with the employer, and the employer shall arrange appropriate work. If it is difficult to arrange work, the employer shall pay the disability allowance on a monthly basis, the standard is: 70 of the salary of the fifth grade disability, 60 of the salary of the sixth grade disability, and the employer shall pay all the social insurance premiums due to the employee in accordance with the regulations.
If the actual amount of disability allowance is lower than the local minimum wage, the employer shall make up the difference.
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I don't have time now, the job that came out in 2009, the commercial metal unit that is free didn't give you a connection, and now sports can still be done, as long as there are those proofs.
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This should be possible, and it is recommended that you consult the relevant authorities.
Be sure to negotiate well.
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1. The name of such an application should be "Application for Job Transfer".
2. The department to which the application is submitted shall be the labor-management department of the unit, and shall be approved by the person in charge of the grass-roots unit where the applicant is located.
3. The reason should be indicated: the time when they worked in the original position, when they were injured at work, the document number of the work-related injury and the confirmed injury, and they thought that the injury was not suitable for the original position, and asked to change their positions.
4. The legal basis is that if the disability level of the injured person is within 7-10 after labor appraisal and is not suitable for the original job, he or she shall be transferred to a suitable position in the unit, and if not, the labor contract can be terminated through negotiation and various economic compensation shall be given.
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Application. Name. Apply for cause and effect, the above sentences are true, and the approval of the leader is requested. This. Applicant. Name. Date.
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If you want to be transferred, you don't want to see how well the application is written, but you must discuss it with the leader first, otherwise it will be useless to write it.
The application should be written in the same way as a general application document.
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Explain your situation and apply for it in accordance with the reasons of the work-related injury regulations.
It makes sense to write like this.
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Because I work in a coal factory, I was shelled to my eye, resulting in two stitches in the cornea of my left eye, and a big white spot on my eyeball.
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Negotiate with the company, and if the company is willing to be satisfied with both parties, then there is no problem. If the company is unwilling to compensate, it can be resolved through litigation procedures, pay attention to evidence collection during the litigation process, especially various receipts and invoices, etc., which is an important evidence for compensation, and there is important evidence for the case.
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