What are the legal bases for applying for arbitration of work related injury labor disputes?

According to the Labor Contract Law, the Regulations on Work-related Injury Insurance and other relevant laws, it is necessary to provide evidence of labor relations, work-related injuries, medical expenses, etc.;

In the event of a work-related injury, if you do not purchase work-related injury insurance, you generally need to be compensated by the employer. However, if the employer is unwilling to compensate, or if the amount of compensation has not been negotiated, it can apply for labor arbitration. So how to apply for labor arbitration when there is a dispute about work-related injury?

See below for details.

1. The employer and the employee may apply for labor arbitration in the event of the following labor disputes:

1) Disputes arising from the confirmation of the relationship between labor and filial piety;

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.

2. The Labor Dispute Arbitration Commission accepts labor dispute cases.

3. The employer, the worker and the third party who has a close relationship with the outcome of the labor dispute case shall be the parties to the labor dispute case. The complainant and the other party are the respondents.

4. The complainant shall submit a written application to the arbitration commission within 60 days from the date of occurrence of the labor dispute.

5. The following materials shall be submitted to apply for labor arbitration:

(1) Application for Arbitration. The claimant shall, in accordance with the regulations, truthfully and accurately fill in the Application for Arbitration, which shall be submitted in triplicate, two copies of which shall be submitted to the Arbitration Commission by the claimant himself or his entrusted daughter, and one copy shall be retained by the claimant;

2) Proof of identity. If the applicant is an employee, submit the original and copy of his identity certificate: if the applicant is an employer, submit a copy and a copy of the business license of the unit, the identity certificate of the legal representative of the unit, the identity certificate of the entrusted person, the power of attorney, etc.;

3) Relevant materials that can prove the existence of an employment relationship with the respondent, such as labor contracts (employment contracts or agreements), notices of dissolution or termination of contracts, salary slips (pieces), social insurance payment certificates and other materials and photocopies;

4) When the claimant applies for labor arbitration, if the arbitration commission requires the claimant to submit relevant materials that can prove the identity of the respondent according to the needs of case filing and review, the claimant shall submit them. If the respondent is an employer, it shall submit proof of its industrial and commercial registration (including the name of the unit, legal representative, place of residence, place of business, etc.); If the respondent is a worker, the respondent shall submit his/her household registration, current address, contact information, etc.

6. The Arbitration Committee shall make a decision on acceptance or non-acceptance within five days from the date of receipt of the Application for Arbitration, and serve it on the parties.

If the case is decided to be accepted, the Notice of Case Acceptance shall be collected from the Arbitration Commission within three days after receiving the notice and the acceptance formalities shall be completed. In the case where the decision is not accepted, the arbitration commission shall serve a Notice of Inadmissibility on the applicant.

7. In the case that has been approved and decided to be accepted by the Arbitration Commission, the parties shall present evidence within the prescribed time limit for the presentation of evidence, and if the time limit for the presentation of evidence is exceeded, it shall be deemed to have waived the right to present evidence.

Legal analysis: generally 45 days, the longest should not exceed 60 days. The arbitral tribunal shall conclude its decision within 45 days from the date on which the labor dispute arbitration commission accepts the arbitration application. Shroud.

Legal basis: Law of the People's Republic of China on the Arbitration of Labor Disputes》 Article 43 The arbitral tribunal shall conclude the award of a labor dispute case within 45 days from the date of acceptance of the arbitration application by the labor dispute arbitration commission.