I ve been injured at work for 3 months, and I haven t paid a penny until now, is it legal? I got a w

Workers' compensation is a labor dispute. If the employer refuses to pay, the employee may apply to the labor dispute arbitration commission for labor arbitration.

Legal basis: 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 4 In the event of a labor dispute, the worker may negotiate with the employer, or may ask the trade union or a third party to negotiate with the employer and reach a settlement agreement.

Article 5 In the event of a labor dispute, 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.

Hello, if you apply within one year after the occurrence of a work-related injury, the most important thing for the determination of work-related injury is to prove that you have an employment relationship with the employer. It usually takes about 60 days.

You can go to visit AND.

In the legal advice post bar, ask the lawyers in this area of the type of work-related injury.

1. It shall be paid by the employer or work-related injury insurance. Compensation for general injuries (not up to disability) includes medical expenses, food allowance during hospitalization, living care expenses, wages during the work-related injury, and transportation and lodging expenses.

2. Initiate labor arbitration. Disputes arising from work-related injuries are labor disputes, and labor arbitration is a precondition for resolving labor disputes, that is, labor dispute cases that have not been subject to labor arbitration will not be accepted by the people's courts. If the labor arbitration is not accepted, a decision of inadmissibility shall be issued, and then a lawsuit may be filed with the court.

You can ask your boss to pay for the care, and you can log in to the partner platform and ask the lawyer for details.

1.During the period of suspension of work (work-related injury**, **), the employer shall pay the wages for the period of suspension of work with pay according to the original salary, and it is illegal for the employer not to pay wages for the period of suspension of work.

2.According to Article 33 of the Regulations on Work-related Injury Insurance, if an employee is injured in an accident or suffers from an occupational disease at work and needs to suspend work to receive medical treatment for work-related injury, the original salary and benefits shall remain unchanged during the period of suspension of work and salary, and shall be paid by the employer on a monthly basis.

3.Generally speaking, the salary for the period of work-related injury suspension should be based on the average salary of the injured employee in the 12 months prior to the injury.

4.According to Article 64 of the Regulations on Work-related Injury Insurance, the term "personal salary" in these Regulations refers to the average monthly salary paid by an injured employee in the 12 months prior to his or her work-related accident injury or occupational disease.

Your father is injured at home, I don't know how many levels of work-related injury it is, after the appraisal has not, what kind of money is being sent to your father now, according to the regulations, your father should not take the disability allowance now, the disability allowance is issued in a lump sum, not on a monthly basis, I can only generalize you, if the work-related injury is identified as level 1 to 4, or level 5 to 6, the unit can not arrange work, leave the job, go home to rest, pay disability allowance on a monthly basis, until retirement age, go through retirement procedures, If the pension is lower than the disability allowance, it shall be supplemented by the work-related injury insurance, and if it is identified as requiring nursing care, a nursing fee shall be paid

If it has been more than one year since the injury, then the time limit for applying for a work-related injury determination has passed.

The only way to file a civil lawsuit in court for a work-related injury award is to receive a lump sum disability benefit and enjoy a normal monthly pension after retirement.

Judging from what you said, you should have missed some key information, and it is recommended that you consult with a lawyer in person, so that the lawyer can understand the situation comprehensively.

Lawyer Qi Xiaodong.

If you suffer a work-related injury, you will first be identified as a work-related injury, and then you will be re-evaluated, and then you will retire. Find the Labor Bureau.

When did you get hurt? Have you filed a work-related injury?

Lawyer Liang Bin.

According to the Regulations on Work-related Injury Insurance, compensation will be paid according to the compensation standard, but the enterprise will not increase the personal treatment because of the disability. Work-related injuries are 9-10 grades, and the specific compensation standards are as follows:

1. Standard: Enjoy a one-time disability subsidy: 8 months' salary for grade 9 disability, 6 months' salary for grade 10 disability;

2. Requirements: If the labor contract is terminated upon expiration, or the employee himself proposes to terminate the labor contract, the employer shall pay him a one-time medical subsidy for work-related injuries 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.

After the work-related injury is identified, the labor ability appraisal will be conducted.

Labor ability appraisal 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. Employees are entitled to work-related injury insurance benefits according to the level of their assessed working ability.