Can I apply for labor arbitration after the results of the work related injury appraisal?

1. After the appraisal results of work-related injuries are obtained, there is a basis for applying for labor arbitration and requiring the employer to pay various work-related injury benefits.

2. Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes

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.

Legal analysis: After the work-related injury is identified, you can directly apply for labor arbitration, and after the work-related injury is identified and the labor ability is appraised, you can negotiate with the employer, and if the negotiation fails, you can apply for labor dispute arbitration.

Legal basis: 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) Injured in an accident while engaged in preparatory or finishing work related to leakage work in the workplace before or after working hours; (3) Suffering violence or other accidental injuries during working hours and in the workplace 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 the person is not responsible, or in an accident involving urban rail transit, passenger and bank ferries, or trains; (7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.

After the employee terminates the labor relationship with the employer, if the employer fails to pay work-related injury insurance to the employee, all the above benefits shall be borne by the employer. If the employer has paid work-related injury insurance to the employee, the employer is mainly responsible for: one-time disability employment subsidy, wages for the period of suspension of work, and nursing expenses; If the employer refuses to pay the compensation during the disability period, the employee may apply for labor arbitration and require the employer to pay the compensation during the disability period.

1. Go to the labor dispute arbitration commission in the local human resources and social security bureau (formerly the labor bureau) to apply for labor arbitration, and you need to bring: 2 copies of the arbitration application form and 1 copy of the applicant's ID card when filing the case; 2 copies of relevant evidence and a list of evidence; The employer's business registration information (registration information is not required in Beijing). 2. After submitting the materials, the arbitration commission will file the case within 5 working days, and then give both parties a period to present evidence and a time period for the other party to reply; Then ** hearing, and then mediation between the two of you, mediation fails, the arbitration committee issues an award; Labor arbitration shall be concluded within 60 days; If the employee is not satisfied with the award, he or she can sue the court; 3. During the application for labor arbitration, the worker shall not be delayed to work in the new unit.

The main compensation of work-related injury insurance benefits is: medical expenses, one-time disability allowance (7 to 24 months' salary), one-time employment subsidy (determined according to the work-related injury regulations of the province where the injured worker is located, and received when the labor relationship is terminated), one-time medical subsidy (determined according to the regulations of the province where the injured worker is located, and received when the labor relationship is terminated), wages for the period of suspension of work (determined according to the notice of labor ability appraisal conclusion), food allowance, nursing expenses, transportation expenses, etc. In accordance with Article 37 of the Regulations on Work-related Injury Insurance and the Regulations on Work-related Injury Insurance of the province where the injured worker is located.

Article 37 Employees who are assessed as having a disability of grade 7 to 10 due to work-related disability shall enjoy the following benefits: (1) A one-time disability subsidy shall be paid from the work-related injury insurance** according to the level of disability, and the standard is: 13 months' salary for grade 7 disability, 11 months' salary for grade 8 disability, 9 months' salary for grade 9 disability, and 7 months' salary for grade 10 disability; (2) If the labor or employment contract is terminated upon expiration, or the employee himself 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 employment subsidy for disability.

The specific standards for one-time medical subsidies for work-related injuries and one-time subsidies for disabled employment groups shall be stipulated by the people of provinces, autonomous regions and municipalities directly under the Central Government.

If there is a dispute between the employer and the employee over the medical expenses of the work-related injury after the work-related injury appraisal, the employee can apply for arbitration. The parties may submit a written application for arbitration to the Labor Dispute Arbitration Commission in accordance with the law, and if they cannot write the arbitration application, they may also submit an oral application to the Royal Base Code in accordance with the law.

[Legal basis].Article 2 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes.

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 28.

The claimant applying for arbitration shall submit a written application for arbitration and submit copies according to the number of respondents.