What should I do if the factory does not compensate according to the appraisal results after the jud

Re-apply for labor ability appraisal and apply for labor dispute arbitration.

Judicial appraisal does not have legal effect on work-related injuries, and a new application for labor ability appraisal shall be made, and work-related injury insurance benefits shall be claimed according to the appraisal conclusions. In the event of a dispute with the employer over work-related injury insurance benefits, apply for labor dispute arbitration.

Regulations on Work-related Injury Insurance

Article 21 Where 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, an appraisal of his or her ability to work shall be conducted.

Article 22 The appraisal of labor ability refers to the grading appraisal of the degree of labor dysfunction and the degree of self-care impairment.

There are 10 levels of disability for labor dysfunction, with the most severe being level 1 and the least being level 10.

There are three levels of self-care disorders: complete inability to take care of oneself, inability to take care of oneself most of one's life, and partial inability to take care of oneself in life.

The standards for the appraisal of labor ability shall be formulated by the social insurance administrative department in conjunction with the health administrative department and other departments.

Article 23 The employer, the injured employee or his close relatives shall submit an application to the labor ability appraisal committee at the districted city level for the appraisal of labor ability, and provide relevant materials on the determination of work-related injury and the medical treatment of the work-related injury.

Article 26 If the unit or individual applying for appraisal is not satisfied with the appraisal conclusion made by the labor ability appraisal committee at the districted city level, it may submit an application for re-appraisal to the labor ability appraisal committee of the province, autonomous region or municipality directly under the Central Government within 15 days from the date of receipt of the appraisal conclusion. The labor ability appraisal conclusions made by the labor ability appraisal committees of provinces, autonomous regions and municipalities directly under the Central Government are the final conclusions.

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.

You can only go through the legal process and go to sue!

Legal Analysis: 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 Control of Occupational Diseases, the unit to which he belongs shall submit an application for recognition of work-related injury to the social insurance administrative department of the coordinating area within 30 days from the date of occurrence of the accident injury or the date of diagnosis or appraisal of the occupational disease. 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 or his close relatives or trade union organization may 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 within one year from the date of occurrence of the accident injury or the date of diagnosis or appraisal of the occupational disease.

Legal basis: Regulations on Work-related Injury Insurance Article 18 The following materials shall be submitted to apply for work-related injury determination: (1) the application form for work-related injury determination; (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. Where the materials provided by the applicant for work-related injury determination are incomplete, the social insurance administrative department shall give a one-time written notice to the applicant for the work-related injury determination of all the materials that need to be supplemented and corrected. After the applicant requests to supplement and correct the materials in accordance with the written notice, the administrative department of social insurance shall accept it.

The factory did not cooperate with the judicial appraisal of work-related injuries and re-applied for labor ability appraisal and applied for labor dispute arbitration. Article 54 of the Regulations on Work-related Injury Insurance provides that any dispute between an employee and an employer over work-related injury benefits shall be handled in accordance with the relevant provisions on handling labor disputes.

Article 14 of the Regulations on Work-related Injury Insurance shall be deemed to be a work-related injury if an employee has any of the following circumstances: (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 30 Employees who are injured in accidents or suffer from occupational diseases due to work shall enjoy medical treatment for hidden injuries in work.

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 diagnosis and treatment items of work-related injury insurance, 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 certificate issued by the medical institution and the consent of the handling agency, the transportation, accommodation and accommodation expenses required for the injured employee to seek medical treatment outside the co-ordination area shall be paid from the work-related injury insurance base slag and carrying money, 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**.

After employing employees, the employer should purchase work-related injury insurance for each employee, which is a necessary insurance. If the employer does not compensate the employer after the work-related injury is identified, it can negotiate first, and then apply for labor arbitration if the negotiation fails, and if the labor arbitration fails, it can directly apply to the court for litigation. Then let's take a look at the resolution procedures for not compensating the company.

If the labor bureau has determined the work-related injury, if the employer refuses to pay the work-related injury benefits, what should the company do not compensate after the work-related injury is identified, and how to solve the problem, the employee can apply to the labor dispute arbitration commission for labor arbitration.

Labor Dispute Mediation and Arbitration Law

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 What should the company do not compensate after the work-related injury is identified, how to solve the labor dispute, if the parties are unwilling to negotiate, the negotiation fails, or the settlement agreement is not performed, they can 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 basis

In the event of a labor dispute in the event of a labor dispute under Article 5 of the Labor Dispute Mediation and Arbitration Law, 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 48 A worker is dissatisfied with an arbitral award as provided for in Article 47 of this Law; A lawsuit may be filed with the people's court within 15 days from the date of receipt of the arbitral award.