-
It mainly depends on whether the employer cooperates: (to receive work-related injury insurance benefits, you must leave your job) 1. The employer applies for work-related injury insurance benefits for non-spare workers, and the injured employees can receive all work-related injury insurance benefits within half a month.
2. With limited cooperation from the employer, the injured employee may receive work-related injury insurance benefits within 2 to 3 months through labor dispute arbitration.
3. If the employer does not cooperate completely, through arbitration, courts, and compulsory enforcement, it may still not be able to receive work-related injury insurance benefits, so that the employee will have to receive work-related injury insurance benefits for a long time.
-
1. The work-related injury appraisal needs to be completed within 60 days. After the completion of the work-related injury disability assessment, the compensation can be paid within 30 days. 2. Article 25 of the Regulations on Work-related Injury Insurance After receiving the application for labor ability appraisal, the municipal labor ability appraisal committee shall randomly select 3 or 5 relevant experts from the medical and health expert database established by it to form an expert group, and the expert group shall put forward appraisal opinions.
The labor ability appraisal committee of the city divided into districts shall make the conclusion of the appraisal of the labor ability of the employees in the group of work-related injuries according to the appraisal opinions of the expert group; When necessary, a qualified medical institution may be entrusted to assist in the diagnosis. The labor ability appraisal committee at the districted city level shall make a labor ability appraisal conclusion within 60 days from the date of receipt of the labor ability appraisal application, and if necessary, the time limit for making a labor ability appraisal conclusion may be extended by 30 days. The conclusion of the labor ability appraisal shall be promptly sent to the units and individuals applying for the appraisal.
-
How long does it take to get compensation after a work-related injury appraisal? The time is not fixed.
The procedure for receiving compensation after the work-related injury appraisal is as follows:
1. The basis for confirming the compensation after applying for work-related injury appraisal is confirmed after the disability level is confirmed. Refer to Article 18 of the Regulations on Work-related Injury Insurance.
2. The main scope of claims includes medical treatment for work-related injuries, one-time disability subsidy, in-hospital meal subsidy, assistive devices, original salary and benefits during the medical treatment period, living care expenses, etc.
3. Compensation shall be made with reference to Articles 33, 34, 35, 36, 37, 38, 39 and 40 of the Regulations on Work-related Injury Insurance.
4. If the negotiation fails, bring the relevant materials to the labor inspection department to complain, or directly go to the labor arbitration commission where the unit is located to file labor arbitration.
The question of how long it takes to get compensation after a work-related injury determination depends on how long these processes have taken to complete.
Identification process. First of all, apply for a work-related injury appraisal, and after confirming the disability level, it is the basis for confirming the compensation. Refer to Article 18 of the Regulations on Work-related Injury Insurance.
Second, the main scope of claims includes medical treatment for work-related injuries, one-time disability allowance, hospital meal subsidy, assistive devices, original salary and benefits during the medical treatment period, living care expenses, etc.
Third, compensation shall be made with reference to Articles 33, 34, 35, 36, 37, 38, 39 and 40 of the Regulations on Work-related Injury Insurance.
Fourth, if the negotiation fails, bring the relevant materials to the labor inspection department to complain, or directly go to the labor arbitration commission where the unit is located to file labor arbitration.
This is how the compensation is calculated.
1: The one-time disability allowance is your average salary multiplied by the total number of months you work in the factory.
For example: 8x2000
2: One-time Medicaid: It is a subsidy multiplied by the average life expectancy of the local area minus the number of years you have this year.
For example: (3: The one-time employment allowance is 10 months multiplied by the average income of the local area.
-
Legal Analysis: Workers' compensation can generally be paid in 1 to 6 months. The one-time disability subsidy paid by work-related injury insurance** can be paid to the company's account in about 1 month after completing the work-related injury appraisal and applying for Mingjian work-related injury insurance** to pay Yuanhui.
Legal basis: "Regulations on Work-related Injury Insurance" Article 33 If an employee is injured in an accident or suffers from an occupational disease due to work and needs to suspend work to receive medical treatment for work-related injuries, 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. The period of leave without pay is generally not more than 12 months.
If the injury is serious or the circumstances are 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. After the work-related injury is assessed, the original benefits shall be suspended and the disability benefits shall be enjoyed in accordance with the relevant provisions of this Chapter. If the injured employee still needs to be ** after the expiration of the period of suspension of work with pay, he or she shall continue to enjoy the medical treatment of work-related injury.
If an 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.
-
Hello, the one-time disability allowance can generally be transferred to the company within one month after the labor ability appraisal report comes out, and then the company will transfer it to your personal account.
-
Expenses paid by work-related injury insurance**, such as medical expenses, are generally paid in advance by the employer and reimbursed later, basically without going through yourself. After the ** injury is stabilized, the labor ability appraisal can be done, and the appraisal conclusion is generally made within about six months and 60 days, a total of 240 days. If you have passed the labor ability appraisal and have been assessed as a disability level, the work-related injury insurance** will pay you a one-time disability subsidy, and in most cases, this money will be paid to the employer's account about a month after you have been appraised and applied for work-related injury insurance**, and then it will be paid to you personally.
Part of the expenses paid by the employer are paid monthly, such as wages during the period of leave without pay. If the work-related injury level reaches 10 or above after the labor ability assessment, the employer shall also pay a one-time disability employment subsidy, which will be paid by the employer after you leave the company.
Question: Hello, how can I claim compensation after the results of the industrial and commercial appraisal come out?
Question: Our unit does not pay insurance.
Disability level.
Then you can only sue for compensation.
Question: Yes, now the appraisal results are out of level seven. What do I need to do next.
Do I go straight to court to sue? Do I need anything?
I suggest that you entrust a lawyer to help you with the seventh-grade work-related injury in Shanghai, which is about more than 400,000 yuan, and the main evidence is your materials to prove the labor relationship.
Question: Can I directly appoint a lawyer to help me write the complaint?
This one is fine, but there is a fee.
-
You have to wait for Chen, and our unit used to be.
-
Under normal circumstances, if the employee has paid work-related injury insurance, the employer shall send the work-related injury treatment to the social security department to declare the work-related injury treatment with his or her "Work-related Injury Certificate", medical documents and relevant materials after the work-related injury medical treatment is completed. Generally speaking, from the date of application by the unit or individual, the labor department shall review the materials within 15 days, make a determination of work-related injury within 60 days, and deliver it within 20 days, and the online calculation within the prescribed period is 95 days. After the ** injury is stabilized, the appraisal can be done, generally in about 6 months, and the appraisal conclusion is made within 60 days, a total of 240 days.
The workers' compensation department will make the loan after review, and the specific time varies from place to place, so you can directly consult the local work-related injury insurance agency. If the employer refuses to recognize the employment relationship or refuses to pay work-related injury compensation benefits, the employee needs to file a complaint or arbitration to protect his or her rights, and this process of rights protection is relatively long, generally from three months to about one year. To sum up, if the workers' compensation goes well, you can get the money in about eight months, and if it is more complicated, it will take about two years to get the compensation.
Legal basis: Article 20 of the Regulations on Work-related Injury Insurance? The social insurance administrative department shall make a decision on the determination of work-related injury within 60 days of accepting the application for work-related injury determination, and notify the employee or his close relatives and the employee's unit in writing of the application for work-related injury determination.
The social insurance administrative department shall make a decision on the determination of work-related injury within 15 days of accepting an application for work-related injury determination where the facts are clear and the rights and obligations are clear. Where it is necessary to base a decision on the determination of work-related injuries on the basis of the conclusion of the judicial organ or the relevant administrative department, the time limit for making a determination of work-related injury is suspended during the period that the judicial organ or the relevant administrative department has not yet made a conclusion.
-
The compensation for work-related injuries is required to apply for work-related injury benefits after the employee's ** is completed or after applying for labor ability appraisal, and the work-related injury benefits can be obtained.
Workers' compensation includes the payment of ** by the work-related injury insurance**, ** expenses, living expenses during hospitalization, as well as a one-time disability allowance for disability and the corresponding level of allowance. The employer pays the employee's wages during the period of work-related injury, as well as a one-time employment subsidy for disability, and the one-time medical subsidy is determined to be paid according to local regulations.
The work-related injury benefits are reviewed after the completion of the examination or the issuance of the labor ability appraisal results, and after the application is submitted to the social security. The main materials are: application form for review of work-related injury benefits, medical termination or labor ability appraisal form, medical records, discharge summary, medical invoice and hospitalization list, work-related injury certificate and a copy of my ID card.
The injured employee will be paid within 60 days after applying.
In accordance with the Social Insurance Law
Article 38 The following expenses incurred due to work-related injuries shall be paid from work-related injury insurance** in accordance with the provisions of the State:
1) Medical expenses and expenses for work-related injuries;
2) Hospitalization meal subsidy;
3) Transportation and accommodation expenses for medical treatment outside the overall planning area;
4) The cost of installing and configuring assistive devices for the disabled;
5) For those who are unable to take care of themselves, the living care expenses confirmed by the Labor Ability Appraisal Committee;
6) A one-time disability allowance and a monthly disability allowance for employees with disabilities of grades 1 to 4;
7) A one-time medical subsidy to be enjoyed when the labor contract is terminated or dissolved;
8) In the event of a work-related death, the funeral allowance, the pension for dependent relatives and the work-related death allowance received by the surviving family members;
9) Labor ability appraisal fee.
Article 39 The following expenses incurred as a result of work-related injuries shall be paid by the employer in accordance with the provisions of the State:
1) Wages and benefits during the work-related injury;
2) The monthly disability allowance received by the disabled employees of the fifth and sixth grades;
3) A one-time disability employment subsidy that shall be enjoyed when the labor contract is terminated or dissolved.
-
Under normal circumstances, the employee's application for work-related injury appraisal shall be carried out within 30 days. Specifically, 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 employer shall submit an application for recognition of work-related injury to the labor and social security administrative department of the coordinating area within 30 days from the date of occurrence of the accident injury or the date of diagnosis or appraisal of occupational disease.
-
Hello, if you have not paid work-related injury insurance, it is recommended to negotiate with the employer to settle it, and if the negotiation fails, then go through legal procedures, which may take a long time.
-
One or two months at the earliest, but slowly, my sister-in-law has been for two years.
-
Workers' compensation is generally available in 1 to 6 months. The one-time disability subsidy paid by work-related injury insurance** before the family, after completing the work-related injury appraisal and applying for work-related injury insurance** to pay the expenses, the cover can be disturbed to the company's account for about 1 month. Legal basis:
Regulations on Work-related Injury Insurance Article 33 An employee who suffers from an accident or suffers from an occupational disease due to work and needs to suspend work to receive medical treatment for work-related injuries.
It is recommended to apply for work-related injury recognition first according to the process, and the compensation amount can only be finalized after waiting for the appraisal level. >>>More
Grade 9 disability is 9 months' salary.
According to the Regulations on Work-related Injury Insurance: >>>More
According to the regulations on work-related injury insurance, the compensation standard for work-related death is 20 times the per capita disposable income of urban residents in the previous year. In 2012, the per capita disposable income of urban residents was 24,565 yuan, 20 times that of 491,300 yuan. Please refer to other questions about work-related injuries.
OK. First of all, work-related injury insurance benefits cannot exempt the tortfeasor from civil liability. The Work-related Injury Insurance Law is a category of social insurance law, with the nature of "public law", with the basic concept of social association and social risk theory, and the purpose of safeguarding the basic right of survival of workers, aiming to ensure that workers receive necessary relief when they are injured due to work, and prevent them from falling into difficulties in their lives. >>>More
According to the regulations on work-related injury insurance, it is necessary to apply for work-related injury recognition first, and the compensation amount can only be finalized after waiting for the labor ability appraisal level. >>>More