How to compensate for work related injuries in the factory, and what should I do if they don t pay w

Anhui Cheng Weiwei lawyer will reply for you: the salary during the medical treatment period of work-related injury should be paid according to the average monthly salary of the 12 months before the injury, and secondly, after the work-related injury assessment level, you can claim work-related injury compensation; The employer may be required to pay the salary for the medical period, but if the employer does not pay, it can file a complaint with the Labor Bureau or arbitrate for resolution.

After an employee suffers a work-related injury, if the company does not compensate in accordance with the regulations, it can defend its rights in accordance with the following steps: 1. Apply for work-related injury recognition first; 2. Determination of work-related injuries; 3. Be able to negotiate with both parties; 5. Apply for arbitration if the negotiation fails; 6. Filing a lawsuit with the court.

Legal analysis: During the period of work-related injury, the company does not pay wages, and individuals should first negotiate with the company, and if the company does not satisfy them or is lower than the prescribed standard, they should promptly complain to the labor inspection brigade or file a labor dispute arbitration.

Legal basis: "Regulations on Work-related Injury Insurance" Article 33 If an employee is injured in an accident or suffers from an occupational disease due to his or her work and needs to suspend work to receive medical treatment for work-related injuries, the original salary and benefits shall remain unchanged and shall be paid by the employer on a monthly basis during the period of suspension of work.

The period of leave without pay is generally not more than 12 months. If the injury is serious or the circumstances are special, it may be appropriately extended upon confirmation by the labor ability appraisal committee at the districted city level, but the extension shall not exceed 12 months. After the work-related injury is assessed, the original benefits shall be suspended and the disability benefits shall be enjoyed in accordance with the relevant provisions of this Chapter.

If the injured employee still needs to be ** after the expiration of the period of suspension of work with pay, he or she shall continue to enjoy the medical treatment of work-related injury.

If an injured employee who is unable to take care of himself needs nursing care during the period of suspension of work with pay, the unit to which he or she belongs shall be responsible.

1. Apply for work-related injury recognition first.

2. Determination of work-related injuries;

3. When the employer does not admit the work-related injury.

If the employee or close relatives believe that it is a work-related injury and the employer denies that it is a work-related injury, the employer shall bear the burden of proof. If the employer does not have strong proof, it shall admit the work-related injury.

4. Be able to negotiate with both parties.

After it is determined that it is a work-related injury, and the unit and the victim or the victim's family are able to sit down and negotiate, the two parties shall negotiate the amount and scope of compensation. The employer fulfilled its obligation to compensate, and the victim did not need to go through other procedures.

5. Apply for arbitration if the negotiation fails;

If the two parties cannot negotiate, the employee may apply to the labor arbitration commission where the employer is located for arbitration, and shall obey the ruling that no longer sues the court.

6. Prosecute with the Fa Dig Respect Yuan.

If the victim is not satisfied with the arbitral award, he may file a lawsuit with the People's Court.

1. Work-related injury compensation standards.

Work-related injury compensation includes medical expenses, hospital meal allowance, nutrition expenses, wages during the period of suspension of work, nursing expenses, one-time disability allowance or disability allowance, one-time disability employment subsidy, one-time medical subsidy for work-related injuries, dependents, etc., and the specific amount shall be determined according to the medical situation, disability, etc.

Legal basis: Article 38 of the Social Insurance Law of the People's Republic of China.

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) Hospitalization meal subsidy;

3) Transportation and accommodation 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 with disabilities of grades 1 to 4;

7) A one-time medical subsidy to be enjoyed when the labor contract is terminated or dissolved;

8) In the event of a work-related death, the funeral allowance, the pension for dependent relatives and the work-related death allowance received by the surviving family members;

9) Labor ability appraisal fee.

We hope you find the above helpful, and if you have any other related questions, you can consult a professional lawyer.

Article 41 of the Social Insurance Law provides that if an employee's employer fails to pay work-related injury insurance premiums in accordance with the law, and a work-related accident occurs, the employer shall pay work-related injury insurance benefits. If the employer does not pay, it shall be paid in advance from the work-related injury insurance**. Judgment is cautious.

The work-related injury insurance benefits paid in advance from the work-related injury insurance** shall be reimbursed by the employer. If the employer fails to repay, the social insurance agency may recover compensation in accordance with the provisions of Article 63 of this Law.

If there is no compensation in the work-related injury factory, the worker may apply to the labor arbitration commission at the place where the employer is located or where the labor contract is performed. According to Article 44 of the Law on Mediation and Arbitration of Labor Disputes, the arbitral tribunal may, upon the application of the parties, make an award for the first enforcement and transfer it to the people's court for enforcement in cases of recovery of labor remuneration, medical expenses for work-related injuries, economic compensation or compensation. Article 17 of the Regulations on Work-related Injury Insurance stipulates that 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 employer shall, within 30 days from the date of the accident injury or the date of diagnosis or appraisal of the 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.

Article 44 of the Law on Mediation and Arbitration of Labor Disputes provides that the arbitral tribunal may, upon the application of the parties, make an award for enforcement in advance and transfer it to the people's court for enforcement in cases of recovery of labor remuneration, medical expenses for work-related injuries, economic compensation or compensation. Article 17 of the Regulations on Work-related Injury Insurance stipulates that 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 Treatment of Occupational Diseases, the unit to which he 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, with the consent of the social insurance administrative department, the time limit for application may be appropriately extended.