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Failure to receive workers' compensation after seizure of work-related injury certificate? If so, the injured employee's right to compensation has been violated. And this time has been delayed for too long, and it will take action against the company for a few months. It is recommended to go to the law firm to find a lawyer for an interview to see how to deal with it.
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Isn't the work-related injury certificate the one that should be received by the employer? Then, the unit shall go through the work-related injury insurance procedures for the injured employee in accordance with the regulations. It's been six years and now you think about protecting your legitimate rights and interests?
If the injured employee does not enjoy the work-related injury insurance benefits in the past six years, then the employer's practice is illegal, and he can apply for labor arbitration, or directly go to the court to file a lawsuit, but if he goes to the court to file a lawsuit, he must prove that the employee has just known that his legitimate rights and interests have been harmed, otherwise the litigation period of 6 years has expired, and the litigation period of general civil cases is two years.
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Yes, the company has violated the employee's right to know, and he can go to the labor department to apply for arbitration.
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This is because the work-related injury is determined by the labor and social security administrative department. You can consult the Social Security Bureau to apply for a work-related injury certificate.
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Really? Six years, you're making a big joke, six years, can you still be appraising a disability?
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1. If it has been recognized as a work-related injury, the employer and the work-related injury insurance will pay the injured employee according to the following items:
1. The company will pay for its support
1) Wages and benefits during the work-related injury;
2) Monthly disability allowance for grade disability. In addition, if the employment contract is terminated or terminated after the accident, a one-time disability employment allowance will also be enjoyed.
2. Work-related injury insurance** will pay the following expenses:
1) Medical expenses and expenses for work-related injuries;
2) Food allowance during hospitalization;
3) Transportation, accommodation and food expenses;
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 determined by the Labor Ability Appraisal Committee;
6) a one-time disability allowance;
7) Labor ability appraisal fee.
2. Reimbursement of various expenses related to work-related injuries:
1. Apply for work-related injury recognition within one month of injury, and after the work-related injury is identified, the medical expenses incurred by the employee will be fully reimbursed for the work-related injury.
2. The nursing fee required by the employee's family is the same as the salary of the caregiver and the lost work, and one of them can be paid, and it is only for the hospitalization period, and there is no need to pay it after discharge.
3. The transportation expenses can be paid according to reasonable circumstances, and if the hospitalization food expenses and work-related injury insurance can be reimbursed, if the employer pays and the reimbursement comes out, the money must be returned to the employer.
4. During the work-related injury period, the original salary and benefits remain unchanged, and the employer shall pay for them as stipulated by law, and the medical expenses shall be fully reimbursed by the work-related injury insurance.
5. If the injury is serious and will cause disability, you can go to the socks to talk about the work-related injury disability appraisal, if you are assessed as disabled, you can get the disability subsidy, and the disability subsidy will be paid by the work-related injury insurance and the employer according to the regulations.
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Severance compensation shall be paid.
According to the provisions of the Labor Contract Law of the People's Republic of China, if the employer fails to terminate the labor relationship during the medical treatment period for the employee's work-related injury, and the labor and social security supervision department of the Human Resources and Social Security Bureau shall order the employee to make corrections.
About sixty days.
The social insurance administrative department shall make a decision on the determination of work-related injury within 60 days from the date of acceptance of the application for work-related injury determination. If the facts are clear and the rights and obligations are clear, a decision on the determination of work-related injury shall be made within 15 days. >>>More
When an employee applies for a labor ability appraisal, he or she must provide a work-related injury certificate, that is, he or she has obtained the labor ability appraisal, then it must be a work-related injury. In addition, it has applied for a work-related injury determination and issued a work-related injury certificate. The work-related injury certificate is issued by the labor department to the unit and the party, and both parties have one copy. >>>More
The written determination of responsibility for traffic accidents shall be drafted within 10 days of the on-site investigation and delivered to the parties within 3 days after it is made. >>>More
The transportation department determined responsibility, dissatisfied with the collection of evidence, and applied for a review. >>>More
Next, the scope of compensation for the injury that has not resulted in disability: Because the traffic accident injury has not reached the level of disability, the scope of compensation that the victim can claim includes the following 7 items: medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies and necessary nutrition expenses; II. Scope of Compensation for Disability Due to Injury In the case of disability due to traffic accidents, in addition to the expenses in Article 1, the following compensation items may be proposed according to the circumstances: >>>More