My husband was injured at work, what should I do if I don t handle it in the factory

1.First of all, it is necessary to apply to the local labor department for work-related injury identification, which is very critical and the premise of all problems, if you do not apply for work-related injury identification, everything is in vain, if the unit 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 ** and ** period) shall be paid according to the original treatment;

3.After the injury is stabilized, you can apply for a labor ability appraisal to determine the level of work-related injury, and then claim disability compensation from the employer according to the level of disability;

4.According to what you said, it is estimated that the employer will not admit the existence of an employment relationship with your father, so it is necessary to pay attention to collecting relevant evidence that can prove the employment relationship, such as salary cards, pay slips, time cards, temporary residence permits and all other materials that can prove the employment relationship before applying for work-related injury determination. These evidentiary materials can be written evidence, witness testimony, audio evidence, physical evidence, electronic evidence, etc.

5.If the employer does not fulfill the above obligations, you can go to the local labor inspection brigade to complain or directly go to the labor arbitration commission to apply for arbitration to protect your legitimate rights and interests.

Hello, please do it as follows:

1. To apply to the Human Resources and Social Security Bureau for the recognition of work-related injury, the company needs to declare 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. Materials to be submitted: application form for work-related injury determination (**generally ** according to the Human Resources and Social Security Bureau), proof of labor relationship with the employer, medical diagnosis certificate, etc.;

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 leave of absence, 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.

Regardless of the work-related injury factory, the employee can file a work-related injury determination by himself.

If an employee suffers a work-related injury, the employer shall, within 30 days from the date of the work-related injury, submit an application to the social insurance administrative department for recognition of work-related injury, and if the employer fails to submit an application, the employee may submit an application for work-related injury recognition to the labor and social security administrative department within one year of the occurrence of the work-related injury. After the work-related injury is determined, the work-related injury medical treatment is enjoyed.

Legal Basis].

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 region. 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 immediate family members 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 labor and social security administrative department of the coordinating area where the employer is located.

In accordance with the provisions of the first paragraph of this Article, the provincial-level social insurance administrative department shall handle the determination of work-related injuries 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: Employees injured at work can directly apply to the social security department where the employer is located for work-related injury determination. If an employee refuses to pay compensation or apply for recognition of work-related injury on the grounds that he or she has not signed a labor contract, the employee may apply for arbitration by himself and submit to the labor arbitration commission.

The injured employee should provide confirmation that there is an employment relationship with the employer, so that the next step can be carried out to determine compensation.

Legal basis: Article 14 of the Regulations on Work-related Injury Insurance Article 14 An employee shall be deemed to have suffered a work-related injury under any of the following circumstances: (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) During working hours and in the workplace, being injured by a violent person or other accident as a result of performing work duties; (4) Suffering from an occupational disease; (5) During the period when they are away for work, they are injured due to work reasons or their whereabouts are unknown in an accident; (6) On the way to and from work, being injured in a traffic accident for which they are not primarily responsible, or by an accident involving urban rail transit, passenger ferry, or a fire rotten car; (7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.

In the event of a work-related injury, if the company does not solve it, you can bring your own materials to apply for work-related injury identification, and the materials to be provided are: (1) Application form for work-related injury identification; 2) Proof of the existence of an employment relationship with the employer (including a de facto employment relationship); (3) Medical diagnosis certificate or occupational disease diagnosis certificate (or occupational disease diagnosis and appraisal certificate). The application form for identification of work-related injuries shall include basic information such as the time, place, and cause of the accident, as well as the degree of injury to the employee.

If the employer refuses to compensate, it may apply to the Labor Dispute Arbitration Commission for labor arbitration. Article 17 of the Regulations on Work-related Injury Insurance, Article 18 of the Regulations of the People's Republic of China on Labor Dispute Mediation and Arbitration, Article 2 of the Law of the People's Republic of China on Labor Dispute Mediation and Arbitration, Article 4 of the Law of the People's Republic of China on Labor Dispute Mediation and Arbitration, and Article 5 of the Law of the People's Republic of China on Labor Dispute Mediation and Arbitration.

1. What should I do if the work-related injury company does not compensate?

1. The parties may request the work-related injury insurance** to be paid in advance.

2. Because Article 41 of the Social Insurance Law stipulates that "if the employer to which the employee works fails to pay the work-related injury insurance premiums in accordance with the law, and a work-related injury accident occurs, the employer shall pay the work-related injury insurance benefits." If the employer does not pay in the dust, it shall pay in advance from the work-related injury insurance**. The work-related injury insurance benefits paid in advance from the work-related injury insurance** shall be reimbursed by the employer.

2. If an employee suffers a work-related injury and the company does not compensate in accordance with the regulations, he or she can follow the following steps to protect his or her rights?

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. If the negotiation fails, apply for arbitration.

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

6. Filing a lawsuit with the court.

If the victim is dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court.