Injured injuries have private negotiation skills

Work-related injuries are generally not recommended for private.

According to the process, the work-related injury determination is applied for first, and the compensation amount can only be finalized after waiting for the appraisal level.

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.

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 suspension of work, 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. There are many procedures for protecting the rights of work-related injuries, and if you are not familiar with it, it is best to entrust a lawyer**.

Have you learned the negotiation skills of a work injury?

Overwhelm your opponent in momentum.

In order to gain the initiative in negotiation, in addition to the transparent work-related injury policy, momentum is an important factor that must not be ignored.

1.It is recommended that the injured employee should generally take the injured employee himself, and if accompanied by family members or relatives, the number of the other party should be controlled to no more than 3 and no more than 5; The employer can have 1-2 more people than the other party.

When there are many people participating in the consultation, it is easy to cause many views to be unable to reach a consensus, which needs to be paid attention to during the consultation, and HR should have a good ability to control the field.

2.Composition of employees: In addition to the employees themselves, through the results of prior investigation or preliminary communication, select literate and sensible people. For those who are difficult to communicate, they can ask for a substitution.

The personnel of the employer shall be composed of the labor relations commissioner of the human resources department, the head of the department and the personnel of the production department (not less than) the supervisor level

Labor Relations Specialist: Familiar with work-related injury laws and regulations, good language skills.

Head of Human Resources: Good communication and coordination skills, decision-making authority on general issues.

Supervisor of the production department: generally the immediate supervisor of the injured employee, who is required to have good prestige and is a person who is more trusted (respected) by the injured employee.

Multi-level strategic depth I remember that when I was in junior high school, I learned the ancient text "Cao Di's Polemics" There is such a passage: one blow, then decline, and three exhaustion, which can be used as a reference in the negotiation of work-related injury claims. The general suggestion is to set up three positions, the first is the labor relations commissioner, the second is the head of the human resources department, the third is the lawyer, the leader in charge (vice president), and the most has been designed five.

Why? The psychology of ordinary people is to report more at the beginning and take more at the end; Besides, there is no fee for arbitration and a maximum of 10 yuan for litigation, so why not talk more? Out of this mentality, many injured workers will deliberately open **. Generally through the sniping of the first line, to the second line of positions is basically to tell the truth.

Force the opponent to reveal their hole cards.

HR should grasp the rhythm of negotiation, for example, if the total amount of work-related injury compensation is 100,000, when negotiating, let the other party show the hole card, which is the responsibility of the first position, when the other party's hole card is revealed, you can change to the second position to take over; According to the opponent's hole cards can be out of a slightly lower than the number of the policy, such as 60,000, the two sides continue to negotiate on this number, to 7-80,000 the other party agrees to end the negotiation, in the process do not expose the hole cards prematurely.

Legal analysis: 1. Whether there is an application for work-related injury recognition before the agreement is signed.

Before the work-related accident compensation agreement is resolved, the work-related injury determination shall be carried out first. The main purpose of the work-related injury determination is to characterize the accident and clarify the rights and obligations of both parties to the accident.

2. Whether there is a labor ability appraisal before the agreement is signed.

The appraisal results of the employee's working ability directly affect the compensation standard and treatment of the employee's work-related injury insurance. Before signing the compensation agreement, the employee may apply for a labor ability appraisal to determine the amount of compensation due to the employee.

3. Scope of compensation items.

The pre-determination of the compensation items in the compensation agreement should be clear. According to Articles 29 to 43 of the Regulations on Work-related Injury Insurance, work-related injury insurance benefits are clearly stipulated, which include: one-time medical subsidy for work-related injury, one-time disability employment subsidy, one-time work-related death subsidy, one-time disability subsidy, medical expenses, lost work expenses, disability allowance, nursing expenses, hospital meal subsidy, funeral subsidy, and pension for dependent relatives.

4. Be cautious about waiving the remaining rights.

Clauses such as "the dispute shall be settled after the performance of the agreement by both parties" and "the employee shall not claim other rights against the enterprise after receiving one-time compensation" are common in the work-related accident compensation agreement, which mainly reflect the interests of the employer, and are not exempt from the restrictions of such clauses compared to the employees, and should be negotiated with the employer within the scope of their ability to avoid the occurrence of such clauses.

Legal basis: Regulations on Work-related Injury Insurance

Article 4 The employer shall publicize the relevant information on the participation in work-related injury insurance in the employer.

Employers and employees shall abide by the laws and regulations on work safety and the prevention and treatment of occupational diseases, implement safety and health regulations and standards, prevent the occurrence of work-related accidents, and avoid and reduce the hazards of occupational diseases.

When an employee suffers a work-related injury, the employer shall take measures to ensure that the injured employee receives timely treatment.

Article 5 The social insurance administrative department is responsible for the work-related injury insurance work nationwide.

The local people's social insurance administrative departments at or above the county level shall be responsible for the work-related injury insurance work within their respective administrative areas.

The social insurance agency (hereinafter referred to as the agency) established by the social insurance administrative department in accordance with the relevant provisions of the social insurance department specifically undertakes work-related injury insurance affairs.

When the conclusion of the labor ability appraisal comes out, the procedure of work-related injury claim has been started, driven by economic interests, a confrontation between the injured employee and the employer is inevitable, as an employer should follow the following points: 1. Design a set of ideal work-related injury claim plan The minimum number that the employer can accept for the injured employee, the general mediation amount is not less than 70%-80% of the statutory standard, which is not only recognized by the arbitration link. A voluntary agreement for this amount will also be upheld by the court if there is no material misunderstanding of the contract or manifest unfairness. 1. 2. Overwhelm the opponent in terms of momentum In addition to the already transparent work-related injury policy, momentum is an important factor that must not be ignored.

The number and composition of the parties to the negotiations are therefore of particular importance. Suggestion: It is generally advisable for the injured employee to choose 1-2 literate and sensible people; The personnel of the employer shall be composed of the labor relations specialist of the human resources department, the head of the department and the personnel of the production department (not less than) the supervisor level, and may have 1-2 more personnel than the employee.

3. It is recommended to set up three positions: the first is the labor relations commissioner, the second is the head of the human resources department, and the third is the lawyer and the supervisor. Legal basis: Article 10 of the Interpretation (III) of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Labor Dispute Cases Article 10 An agreement reached between an employee and an employer on the dissolution or termination of a labor contract through relevant formalities, payment of wages and remuneration, overtime pay, economic compensation or compensation, etc., shall be deemed valid if it does not violate the mandatory provisions of laws and administrative regulations, and there is no fraud, coercion or taking advantage of the danger of others.

Where there is a major misunderstanding or obvious unfairness in the agreement in the preceding paragraph, and the parties request that it be revoked, the people's court shall support it.

1. Design an ideal work-related injury compensation plan

The minimum amount that the employer can accept for the injured employee is generally not less than 70%-80% of the statutory standard, which is not only recognized by the arbitration process, but also supported by the court if there is no material misunderstanding of the contract and obvious unfairness.

2. Overwhelm the opponent in momentum

In addition to the already transparent work-related injury policy, momentum is an important factor that must not be ignored. The number and composition of the parties to the negotiations are therefore of particular importance.

Suggestion: The injured employee is generally recommended to the injured employee himself, and then select 1-2 literate and sensible people, and the personnel of the employer shall be composed of the labor relations commissioner of the human resources department, the head of the department and the production department (not less than) the supervisor level, which can be 1-2 more than the employee.

3. It is recommended to set up three positions

The first is the labor relations specialist, the second is the head of the human resources department, and the third is the lawyer and the supervisor.

Have you learned the negotiation skills of a work injury?

The negotiation skills for work-related injuries are: 1. First of all, employees should understand the corresponding laws and regulations, judicial interpretations and administrative regulations on work-related injury treatment and work-related injury treatment, or hire relevant lawyers, etc., to avoid the other party taking advantage of employees' knowledge blind spots to reduce compensation. 2. Secondly, employees should prepare relevant procedures and materials, including the corresponding work-related injury appraisal results, so that they can convince the person according to the law and also find the other party to ask for corresponding compensation based on the facts.

3. Finally, when signing the contract, it is necessary to be cautious of some clauses in the work-related injury compensation agreement that waive the remaining rights, such as "the employee shall not claim other rights from the enterprise after the one-time compensation".

Article 39 of the Social Insurance Law of the People's Republic of China The following expenses incurred as a result of work-related injuries shall be paid by the employer in accordance with the provisions of the State: (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.

Work-related injuries are a kind of personal injury accidents that often occur in life, and in the process of negotiating the amount of damages, the two parties reach an agreement through negotiation, which may save time, effort and judicial resources.

The most important skill for a work-related injury is to understand the relevant provisions of the law and know what a work-related injury is, which refers to an accident injury caused by work during working hours and in the workplace; Injured in an accident while engaged in work-related preparatory or finishing work in the workplace before or after working hours; Injured by violence or other accidents during working hours and in the workplace due to the performance of work duties; suffering from occupational diseases; During the period of going out for work, the person is injured due to work reasons or the whereabouts of the accident are unknown; Injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train for which he or she is not primarily responsible while commuting to or from work; All of the above may be recognized as work-related injuries.

According to the provisions of the Regulations on Work-related Injury Insurance.

Article 14 In any of the following circumstances, an employee shall be deemed to have suffered a work-related injury: (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) Injured by violence or other accidents during working hours and in the workplace due to the performance of work duties;

4) Suffering from occupational diseases;

5) Injured or unaccounted for in an accident while away for work;

6) Injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train for which they are not primarily responsible;

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