What should I pay attention to when applying for workers compensation?

Hour. In the event of a work-related accident, the employer shall call the labor and social security administrative department within 24 hours.

Hour. If an employee suffers a work-related accident and the employer reports it in writing to the labor and social security administrative department, it shall report it to the labor and social security administrative department within 48 hours;

If an employee dies of a sudden illness during working hours or at work, or dies within 48 hours after rescue efforts fail, it may be regarded as a work-related injury.

working days. After receiving the application for work-related injury determination, the labor and social security administrative department shall review the materials in a timely manner, and if the applicant submits complete materials, it shall make a decision to accept or not accept the application within 10 working days from the date of receipt of the application for work-related injury determination.

working days. The social insurance administrative department shall make a decision on the determination of work-related injury within 15 days of accepting an application for work-related injury determination where the facts are clear and the rights and obligations are clear.

working days. Within 20 working days from the date of making the work-related injury determination decision, the labor and social security administrative department shall send the work-related injury determination decision to the applicant for work-related injury determination, the injured employee (or his immediate family member) and the employer.

working days. 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 or she belongs shall, within 30 days from the date of occurrence of the accident injury or the date of diagnosis or appraisal of an 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. ‍‍

It should be noted that you will not get a penny anyway.

What are the issues to pay special attention to when claiming workers' compensation?

1. The name and address of the work-related injury unit should be clarified.

In the case of not participating in work-related injury insurance, the employer is the bearer of work-related injury insurance benefits, and in the case of participating in work-related injury insurance, under normal circumstances, the employer should also bear part of the work-related injury insurance benefits. However, in practice, there are many employees who do not know the exact name of their employer, especially the migrant workers hired by the contractor after the project is subcontracted layer by layer, and it is difficult to know who the name of their employer is.

2. Evidence should be sought to prove the existence of the labor relationship.

The proof of labor relationship is a prerequisite for applying for work-related injury determination, and without the materials proving the labor relationship, the labor and social security administrative department cannot carry out the work-related injury determination, and it can be proved; Evidence of labor relations mainly includes labor contracts, work permits, employment permits, wage slips, etc.

3. Clarify whether the unit has applied for work-related injury determination.

Regardless of whether or not you participate in work-related injury insurance, work-related injury identification is a very important part of handling work-related injuries. It should be noted that there is a definite time limit for applying for work-related injury determination, and if the labor and social security administrative department will not accept the application beyond the time limit, and the recourse for work-related injury insurance benefits will not be supported by arbitration or the court. Therefore, for employees, do not believe the false promises of employers, so as not to miss the deadline for applying for work-related injury recognition.

4. Before negotiating with the unit, clarify the amount of work-related injury compensation according to the disability level and calculation standard.

Since the application for work-related injury recognition may affect the employer's future work-related injury insurance contribution ratio or be punished by the relevant authorities, if the employer does not participate in work-related injury insurance for the employee, it is often reluctant to apply for work-related injury recognition and labor ability appraisal after the work-related injury, but chooses to negotiate the amount of compensation. In order to complete the work-related injury compensation as soon as possible, the injured employee or his relatives will also adopt a pandering attitude, but at this time, there is no conclusion on the evaluation of labor ability, the level of disability and subsequent medical expenses are not possible, and even the calculation standard of work-related injury compensation is not clear, and the rights and interests of the employee may be harmed as a result. Therefore, if you choose to negotiate to solve the problem, you should consult more medical experts, lawyers, etc., and if conditions permit, it is best to have a lawyer come forward to negotiate work-related injury compensation matters and sign a compensation agreement.

Those who are unable to hire a lawyer due to financial conditions may seek legal aid.

Legal analysis: Attention should be paid to the work-related injury compensation agreement: 1. The compensation items should be clear.

The compensation items agreed in the agreement must be written down one by one, and if the expression is not clear, it may lead to duplicate compensation by the unit. 2. Express the meaning clearly. Indemnity is different from indemnity, and indemnity is based on fault and compensation is not necessarily based on fault.

In the case that the employer is at fault and causes losses to the other party, compensation must be taken. 3. There must be an indication of the end of rights and obligations such as the settlement of disputes and the absence of involvement between the two parties.

Legal basis: Social Insurance Law of the People's Republic of China Article 36 If an employee is injured in an accident or suffers from an occupational disease due to work-related reasons, and the work-related injury is identified, he or she shall enjoy work-related injury insurance benefits; Among them, those who lose their ability to work after the appraisal of their ability to work enjoy disability benefits. The determination of work-related injuries and the evaluation of labor ability shall be simple and convenient.

In accordance with the provisions of the Social Insurance Law, the main compensation items of work-related injury compensation are as follows: Article 38 of the Social Insurance Law stipulates that the following expenses incurred due to work-related injuries shall be paid from work-related injury insurance** in accordance with national regulations: (1) medical expenses and expenses for work-related injuries; (2) Subsidies for in-hospital meals; (3) Transportation and lodging 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 at levels 1 to 4; (7) A one-time medical subsidy to be enjoyed when the labor contract is terminated or dissolved; (8) In the case of work-related death, the funeral allowance, pension for dependent relatives and work-related death allowance received by the surviving family members; (9) Labor ability appraisal fee.

Article 39 stipulates that the following expenses incurred as a result of work-related injuries shall be paid by the employer in accordance with national regulations: (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. Legal basis:

Article 39 of the Social Insurance Law of the People's Republic of China The following expenses incurred due to work-related injuries shall be paid by the employer in accordance with national regulations: (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.

1. Whether there is **.

2. Whether identification is required.

3. Whether there is a disability.

4. The average salary in the 12 months before the injury.

5. Escort fee and food fee.

6. The previous compensation of the enterprise.

1. Has the employer paid the work-related injury insurance on time and in full?

2. Is the work-related injury application recognized?

3. Can work-related injuries be determined as disabled?

4. The specific work-related injury insurance benefits enjoyed by work-related injuries must be clarified, and the social security department can be consulted.