I would like to consult how to claim compensation for a work injury?

Updated on society 2024-03-02
12 answers
  1. Anonymous users2024-02-06

    Generally, there is a clear provision for work-related injury claims in the company, and the identification of this work-related injury is identified as several levels of work-related injury in the hospital, and compensation is made according to such circumstances, so there are also provisions in the law.

  2. Anonymous users2024-02-05

    The procedure for work-related injury compensation is as follows: after the occurrence of a work-related injury, the employer shall apply to the work-related injury recognition agency within three months, and if the employer does not apply, the injured person can apply for it by himself within one year. After the work-related injury is recognized, it is necessary to apply to the labor ability appraisal agency for appraisal.

    Based on the appraisal conclusion, you can apply for work-related injury benefits from the unit and the work-related injury insurance institution. This is the case of having an employment contract and paying work-related injury insurance at the same time. For those who only have a de facto labor relationship and have not paid work-related injury insurance, they can only claim compensation from the employer according to the standard of work-related injury benefits.

  3. Anonymous users2024-02-04

    1. Calculation standard of medical expenses: **The expenses required for work-related injuries shall be paid from work-related injury insurance** if they meet the requirements of work-related injury insurance diagnosis and treatment items, work-related injury insurance drug list, and work-related injury insurance hospitalization service standards. If the employer does not purchase work-related injury insurance, the employer shall pay the medical expenses.

    2. Calculation standard of ** fee: The cost of work-related injury of the injured employee to the medical institution that signed the service agreement shall be paid from the work-related injury insurance if it meets the requirements.

    3. Standard of food subsidy for transportation and lodging expenses: The food subsidy for the hospitalization of employees injured at work, as well as the transportation, accommodation and accommodation expenses required for the injured workers to seek medical treatment outside the co-ordination area shall be paid from the work-related injury insurance, and the specific standards for payment shall be stipulated by the people in the co-ordination area. Those who participate in work-related injury insurance shall be paid by work-related injury insurance**, and those who have not participated in work-related injury insurance shall be paid by the employer.

    4. The nursing expenses are divided into two parts: if the 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. If the injured employee has been assessed for disability and confirmed by the Labor Ability Appraisal Committee to be in need of life care, the living care expenses shall be paid on a monthly basis from the work-related injury insurance**.

    The living care expenses are paid according to three different levels: completely unable to take care of themselves, most of them unable to take care of themselves, or part of their lives cannot take care of themselves, and the standards are respectively % or 30% of the average monthly salary of employees in the overall planning area in the previous year.

    5. Wages during the period of suspension of work: The period of suspension of work with pay is generally not more than 12 months. If the injury is serious or 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.

    The wage standard for the period of suspension of work and pay shall remain unchanged from the original salary and benefits, and shall be paid by the unit on a monthly basis.

    6. Disability assistive device expenses: Due to the needs of daily life or employment, the injured employee can be fitted with prostheses, orthoses, artificial eyes, dentures and wheelchairs and other assistive devices upon confirmation by the Labor Ability Appraisal Committee, and the required expenses shall be paid from the work-related injury insurance ** in accordance with the standards stipulated by the state.

    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.

  4. Anonymous users2024-02-03

    Consult with the Human Resources and Social Security Bureau, according to the regulations on work-related injury insurance, you need to apply to the work-related injury identification department first, and the compensation amount can only be finalized after waiting for the labor ability appraisal level, and part of the compensation will be paid by the work-related injury insurance of the Human Resources and Social Security Bureau**, and the rest will be paid by the employer.

    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, 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;

    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.

  5. Anonymous users2024-02-02

    How to Find Workers' Compensation Payments Online.

    1. Now it's not the Labor Bureau, but the Human Resources and Social Security Bureau, looking for the work-related injury department!

    1. Work-related injury compensation should be consulted with the local labor department.

    You're talking about a place!

    Apply for a work-related injury certificate first, and then apply for an appraisal.

    As far as you are concerned, you are injured at work while working and should be treated as a work-related injury. Once it is determined by the relevant labor department to be a work-related injury, the factory shall compensate for it.

    Workers' Compensation Consultation**Work-related Injury Consultation**12333, Payment of wages during work-related injuries, food subsidies for employees hospitalized due to work-related injuries, and payment of wages for medical institutions?

  6. Anonymous users2024-02-01

    There are the following methods for workers' compensation consultation: 1. Go to the local social security department for consultation, and in some places it should be enough for about 10 days. 2. If it is inconvenient, you can consult.

  7. Anonymous users2024-01-31

    You can call 12333** for consultation, or go to the Social Security Bureau for consultation.

  8. Anonymous users2024-01-30

    Workers' compensation can be consulted by a lawyer online.

  9. Anonymous users2024-01-29

    I think you say that you go to ** consultation for workers' compensation, and generally go to the local disability appraisal committee. Because there's a workers' compensation there.

  10. Anonymous users2024-01-28

    On the issue of workers' compensation, the following is some basic information and advice, but please note that I cannot provide specific legal advice. It is recommended that you consult with a professional labor counsel or attorney for more accurate and personalized guidance.

    1.Understanding the Workers' Compensation System: The workers' compensation system was created to protect employees who are injured or sick on the job. According to relevant laws and regulations, employers are responsible for providing reasonable compensation, including medical expenses, compensation for incapacity, death compensation, etc.

    2.Report and seek medical treatment promptly: If you have an accident or illness at work, report it promptly to your employer and seek appropriate medical treatment**. Keep all evidence related to the work injury, including medical reports, medical records, witness testimony, etc.

    3.Contact your employer and labor security department: After a work injury, contact your employer and find out about your company's compensation policy. At the same time, you can consult and seek help from your local labor and social security department, who can provide you with guidance on the relevant regulations and procedures.

    4.Seek legal assistance: If you believe your workers' compensation has been denied or is unjust, you may seek advice from a labor legal counsel or attorney. They can help you assess your rights and interests and, if necessary, litigate or negotiate on your behalf.

    In conclusion, workers' compensation is your statutory entitlement and should be compensated appropriately. Therefore, it is recommended that you keep abreast of the relevant laws and regulations, keep all relevant evidence, and seek professional advice to ensure that your rights and interests are protected.

  11. Anonymous users2024-01-27

    Legal analysis: a spring trace, investigation and evidence collection.

    Entrusted to engage in the transfer of files related to the handling of work-related accidents, such as work-related injury identification, labor ability appraisal, motor vehicle registration, and industrial and commercial registration of companies and enterprises, the charging standard is 1000-5000 yuan per item.

    2. Legal advice.

    The cost of legal consultation on work-related injuries is 300-500 yuan per time.

    3. Legal Instruments.

    **The fee for the workers' compensation agreement is 1500-3000 yuan;

    **The workers' compensation complaint charges 1,500-3,000 yuan;

    4. Work-related injury litigation.

    **Work-related injury lawsuit: 8%-12% of the litigation amount, but the minimum fee is not less than 6,000 yuan per case.

    5. Arbitration of work-related injuries and labor.

    **Labor arbitration: 3,000 yuan per piece not involving property.

    **Labor arbitration: 8%-12% of the arbitration amount shall be charged for property involved, but the minimum fee for each case shall not be less than 6,000 yuan.

    6. Mediation of work-related injuries.

    According to the final work-related injury mediation agreement, 8%-12% of the compensation amount will be charged, but the minimum fee for each piece shall not be less than 6,000 yuan.

    Legal basis: Article 14 of the Regulations on Work-related Injury Insurance: If an employee has any of the following circumstances, it shall be recognized as a work-related injury:

    1) Being 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) On the way to and from work, being injured in a traffic accident for which he is not primarily responsible, or by an accident involving urban rail transit, passenger ferry, or train;

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

    Article 15 of the Regulations on Work-related Injury Insurance: If an employee has any of the following circumstances, it shall be regarded as a work-related injury:

    1) Died of a sudden illness during working hours and at work, or died within 48 hours after rescue efforts failed;

    2) Suffering harm in emergency rescue and disaster relief or other activities to preserve national or public interests;

    3) Employees who previously served in the army, were disabled due to war or duty injuries, and have obtained the certificate of revolutionary disabled soldiers, and were injured after arriving at the employer.

    Where employees have any of the circumstances in items (1) or (2) of the preceding paragraph, they shall enjoy work-related injury insurance benefits in accordance with the relevant provisions of these Regulations; Employees who have the circumstances in item (3) of the preceding paragraph shall enjoy work-related injury insurance benefits other than a one-time disability subsidy in accordance with the relevant provisions of these Regulations.

    Article 16 of the Regulations on Work-related Injury Insurance: If an employee meets the requirements of Articles 14 and 15 of these Regulations, but has any of the following circumstances, it shall not be recognized as a work-related injury or treated as a work-related injury

    1) Intentionally committing a crime;

    2) Drunk or drug addiction;

    3) Self-harm or suicide.

  12. Anonymous users2024-01-26

    1. The two parties negotiate and settle. 2. Mediation and settlement. If they are unwilling to negotiate or fail to negotiate, they may voluntarily apply to the mediation committee for mediation.

    3. Arbitration settlement. You can apply to the local labor arbitration commission for labor arbitration within one year from the date of the labor dispute. 4. Litigation settlement.

    If a party is dissatisfied with the arbitral award, it may file a lawsuit with the local basic people's court within 15 days from the date of receipt of the arbitration statement.

    1. Settlement of work-related injury disputes:

    1. The two parties negotiate and settle.

    2. Mediation and settlement. If they are unwilling to negotiate or fail to negotiate, they may voluntarily apply to the mediation committee for mediation.

    3. Arbitration settlement. You can apply to the local labor arbitration commission for labor arbitration within one year from the date of the labor dispute.

    4. Litigation settlement. If a party is dissatisfied with the arbitral award, it may file a lawsuit with the local basic people's court within 15 days from the date of receipt of the arbitration statement.

    Article 3 of the Labor Dispute Mediation and Arbitration Law stipulates that the settlement of labor disputes shall be based on the facts, follow the principles of legality, fairness, timeliness and emphasis on mediation, and protect the legitimate rights and interests of the parties in accordance with the law.

    2. Statute of limitations for work-related injury disputes:

    1. In the litigation of work-related injury disputes, the statute of limitations for the determination of work-related injuries shall be within one year from the date of injury, and the statute of limitations for work-related injury benefits shall be one year after the service of the work-related injury determination decision or disability appraisal, but the one-time disability employment subsidy and medical subsidy shall be calculated from the time of resignation, and the time shall also be one year.

    2. Article 17 of the Regulations on Work-related Injury Insurance.

    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 unit to which he or she 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 disturbances, 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 the stubbed object as 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.

    3. Article 27 of the Law on Mediation and Arbitration of Labor Disputes Article 27 The limitation period for applying for arbitration of labor disputes is one year. The limitation period for arbitration shall be calculated from the date on which the parties knew or should have known that their rights had been infringed.

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