I am a coal miner and I have suffered a work injury, how can I claim compensation? 20

Negotiate with the company, and if the company is willing to be satisfied with both parties, then there is no problem. If the company is unwilling to compensate, it can be resolved through litigation procedures, pay attention to evidence collection during the litigation process, especially various receipts and invoices, etc., which is an important evidence for compensation, and there is important evidence for the case.

Hello, let the employer apply for work-related injury within 15 days from the date of your injury, the employer does not apply, and you apply to the labor department yourself within one year. Apply for disability appraisal after applying for work-related injury identification. Finally, compensation will be made according to the level of disability and with reference to the regulations on work-related injury insurance.

Negotiate with the unit first, and if the negotiation fails, apply to the labor department for labor arbitration.

Now a lot of laws do protect the people, but the people really implement it is an annoying word, you are injured, to find assistance, you have to open this certificate, that certificate, original, copy, they only sit in **, say a word you will break your leg, you can't get angry, so first negotiate with the employer to solve, really can't go to the regional administrative examination and approval hall to ask, because ** all departments have, remember to have a good attitude, good luck.

Discuss the medical expenses with your company first, and some follow-up expenses, if the opinions are really not consistent, I suggest that you take legal means to protect your legitimate rights and interests、、、

Determine whether it is a work-related injury, and then apply for a disability assessment.

Visit the civil affairs department or get legal advice.

Legal Analysis:1First of all, it is necessary to apply to the local labor department for work-related injury recognition, which is the premise of all problems, without applying for work-related injury identification, it is impossible to obtain compensation through work-related injury, if the employer does not apply, the individual employee must apply within one year from the date of injury; 2.

If the injury is determined to be work-related injury, after obtaining the work-related injury determination decision issued by the labor department, the medical expenses shall be paid in full by the employer, and the wages during the period of suspension of work (work-related injury **, **) shall be paid according to the original treatment. If nursing care is required during the suspension period, the unit shall be responsible, and the food allowance during the hospitalization shall be paid according to the standard of the place where the injured employee is located; 3.After the injury is stabilized, you can apply for a labor ability appraisal to identify the level of work-related injury, and then calculate the amount of disability compensation according to the level of disability; 4.

If the employer fails to fulfill the above obligations, the injured employee can file a complaint with the local labor inspection brigade or directly apply for arbitration to the labor arbitration commission to protect his or her legitimate rights and interests.

Legal basis: Article 17 of the Regulations on Work-related Injury Insurance Article 17 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, 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, within one year from the date of occurrence of the accident injury or the date of diagnosis or appraisal of an occupational disease, 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. Matters that shall be determined by the provincial-level social insurance administrative department in accordance with the provisions of the first paragraph of this Article shall be handled by the social insurance administrative department at the districted-city level where the employer is located in accordance with the principle of territoriality. If an employer fails to submit an application for determination of work-related injury within the time limit specified in the first paragraph of this Article, the employer shall bear the relevant expenses such as work-related injury benefits incurred during this period that comply with the provisions of these Regulations.

Legal analysis: Coal mine work-related injury compensation standards: medical expenses, hospital meal expenses, transportation expenses, nursing expenses, assistive device expenses, suspension of work and salary expenses, if identified as disabled, you can also compensate for a one-time disability subsidy, disability allowance, one-time employment subsidy, paid from work-related injury insurance**, according to the different levels of disability The amount of compensation is also different.

If the employee is confirmed to have an occupational disease, an additional 50% of the one-time medical subsidy for work-related injuries shall be paid.

Legal basis: Article 30 of the Regulations on Work-related Injury Insurance Employees who are injured in accidents or suffer from occupational diseases due to work shall enjoy medical treatment for work-related injuries. 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 work-related injury insurance diagnosis and treatment items, 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 transportation, accommodation and accommodation expenses required for the work-related injury employee to seek medical treatment outside the co-ordination area shall be paid from the work-related injury insurance, 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**.

A one-time disability allowance shall be paid from the work-related injury insurance** according to the level of disability, the standard of which is: 13 months' salary for grade 7 disability, 11 months' salary for grade 8 disability, 9 months of labor loss for grade 9 disability, and 7 months' salary for grade 10 disability;

If the labor or employment contract is terminated upon expiration, or the employee himself or herself proposes to terminate the labor or employment contract, the work-related injury insurance** shall pay a one-time medical subsidy for work-related injuries, and the employer shall pay a one-time disability employment subsidy. The specific standards for one-time medical subsidies for work-related injuries and one-time employment subsidies for disability shall be prescribed by the people of provinces, autonomous regions and municipalities directly under the Central Government.

What should I pay attention to in the disability assessment?

1. It is necessary for the injured party and the relevant appraisal personnel of the laboratory to actively cooperate with the appraisal process;

2. In the whole process of file identification, it is not possible to make up false materials and provide false materials;

3. The parties involved in this accident are not allowed to change the content of the forensic appraisal without permission;

4. If you are not satisfied with the appraisal results, you can apply to the public security bureau or judicial organ that has been negotiated between the parties and the appraisal personnel.

Coal mine work-related injury compensation standards, in general, can be divided into the following 13 types:

1. Treatment (medical) expenses.

2. Hospitalization meal subsidy.

3. Transportation expenses, accommodation and food expenses for medical treatment in other places.

4. **** fee.

5. Assistive device fee.

6. Wages during the period of suspension of work.

7. Living care expenses.

8. One-time disability subsidy.

9. Disability allowance.

10. One-time disability employment subsidy and one-time work-related injury medical subsidy.

11. Funeral subsidy.

12. Pension for dependent relatives.

One-time work-related death benefit.

Legal basis]:

Article 72 of the Road Traffic Safety Law of the People's Republic of China.

After receiving the traffic accident report, the traffic management department of the public security organ shall immediately send traffic police to the scene, first organize the rescue of the injured, and take measures to restore traffic as soon as possible.

Traffic police shall conduct inquests and inspections at the scene of traffic accidents and collect evidence; For the purpose of collecting evidence, the accident vehicle may be detained, but it shall be properly kept for verification purposes.

For the physical and mental conditions of the parties and other professional examinations, the traffic management department of the public security organs shall entrust a special agency to conduct an appraisal. The evaluation conclusion shall be signed by the evaluator.