Troublesome lawyers with professional experience in work related injuries will give answers. Thank y

It is recommended to apply for a work-related injury determination before you can do a work-related injury identification. The amount of compensation can only be finalized after the appraisal level, and the amount of compensation will vary from place to place for the same level. If you are not familiar with it, it is advisable to seek the help of a lawyer. Or do it as follows:

1. To apply to the Human Resources and Social Security Bureau (formerly the Labor Bureau) for work-related injury identification, the company needs to report 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 (**generally ** from the Labor Bureau), 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 (generally established in the human resources and social security bureau at the same level);

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.

Hello, in this case, you can go to the province to try the re-evaluation.

You can apply for re-appraisal by the Provincial Labor Ability Appraisal Committee.

The application for re-appraisal is generally maintained, and I will be consulted in detail.

Legal analysis: 1. An application for work-related injury recognition shall be made within one month after the accident occurs, otherwise the medical expenses incurred by the injured employee will be borne by the employer.

2. Apply for disability appraisal after the injured employee is discharged from the hospital, or the two parties may negotiate to settle the problem.

3. After the disability appraisal, the work-related injury insurance benefits shall be paid when the employee leaves the job in accordance with the regulations. Under normal circumstances, in addition to work-related injury insurance, the company will also purchase commercial accident insurance to offset the labor costs incurred after the work-related injury.

Legal basis: Regulations on Work-related Injury Insurance

Article 17 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 unit to which he 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 region. In case of special circumstances, 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 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.

Matters that shall be determined by the provincial-level social insurance administrative department in accordance with the provisions of the first paragraph of this Article shall be handled by the social insurance administrative department at the districted-city level where the employer is located in accordance with the principle of territoriality.

If an employer fails to submit an application for determination of work-related injury within the time limit specified in the first paragraph of this Article, the employer shall bear the relevant expenses such as work-related injury benefits incurred during this period that comply with the provisions of these Regulations.

Article 21 Where an employee suffers a work-related injury and has a disability that affects his or her ability to work after the injury is relatively stable, an appraisal of his or her ability to work shall be conducted.

Article 33 Where an employee is injured in an accident or suffers from an occupational disease at 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 with pay, 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.

According to Article 4 of the Notice on Matters Concerning the Establishment of Labor Relations (Lao She Bu Fa [2005] No. 12), if an employer such as a construction or mining enterprise contracts out a project (business) or management right to an organization or natural person that does not have the qualifications of an employing entity, the employer with the qualifications of the employing entity shall bear the responsibility of the employing entity for the workers recruited by the organization or natural person.

You can first apply to the work-related injury determination department to request that the work-related injury be recognized, and the employer is the contractor of the project. In the future, the unit can seek compensation from the contractor.

However, in many places, it is believed that it should be an employment relationship, and the claim should be filed in court for personal injury.

The standards of work-related injury compensation and personal injury compensation are inconsistent, and most people believe that the work-related injury compensation treatment is higher, and some people will first claim according to the work-related injury, and then claim according to the personal injury if the work-related injury is not determined.

Suggestions: 1. Consult with the work-related injury identification department and labor arbitration institution 2. Prepare evidence.

3. Find a lawyer.

Apply directly to the labor arbitration commission for labor arbitration or file a lawsuit in court.

Hello! 1.The employment relationship between your relative and his boss is constituted, and the injury during the renovation process is a work-related injury, and the employer should be held liable.

2.It is recommended to negotiate with the employer first, and if the negotiation fails, you can sue the employer for compensation3In this case, the labor department will generally not accept it.

4.You can consult a lawyer in detail.

The first question is that the one-time disability allowance for social insurance compensation is calculated and paid according to your average social insurance base, and if the factory pays you social insurance based on your average salary in the previous year, then this compensation is reasonable. No arbitration is required.

The second question is that if the date of your disability assessment is in 2011, you can pay according to the new workers' compensation insurance regulations, and if the evaluation date is before January 1, 2011, you can only pay according to the old workers' compensation insurance regulations. The new regulations on work-related injury insurance stipulate that 7 months' wages must be compensated for grade 10 disability (the personal salary here refers to the social insurance base calculated from the average salary of the previous year).

The third issue is that the regulations on work-related injury insurance stipulate that "the wages and benefits of work-related injuries shall remain unchanged during the period of suspension of work and salary". If the agreed fixed salary part is only 1,100 yuan, then it is reasonable not to pay you a bonus, even if the success rate of arbitration is not high, because the bonus belongs to the incentive salary made for the work appraisal and is the part of the floating salary. You didn't work while on leave and won't have a job performance.

However, if it is proved that the fixed value of your salary is 1,750 yuan, then you can apply for arbitration to coordinate.

Hello, according to the provisions of the regulations on work-related injury insurance, the wages and benefits during the work-related injury suspension period remain unchanged, that is to say, the wages and benefits during the work-related injury should be the same as the wages and benefits before the work-related injury, so you can ask the company to make up the difference for you The provisions of the decision on amending the work-related injury insurance regulations implemented this year are the new compensation standards applicable to the new work-related injuries, so this case is not applicable You can make up the difference in social security In addition, you can also ask for the bonus and year-end bonus of the project, and the negotiation fails, you can apply for labor arbitration to settle the problem

Hello, to the problem you described, the lawyer replied as follows:

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. Blessing!