Work after workers compensation, how to compensate after work related injury

In the event of a work-related accident, workers should learn to use the law to protect their legitimate rights and interests. For rights protection, there are the following suggestions:

1. First determine whether it falls within the scope of work-related injury: After a work-related injury occurs, the employee should first determine whether it falls within the scope of work-related injury.

Gathering evidence: Seek evidence to prove the existence of an employment relationship. The proof of labor relationship is a prerequisite for applying for work-related injury determination, and without the materials to prove the labor relationship, the labor and social security administrative department cannot carry out the work-related injury determination, and the evidence that can prove the labor relationship mainly includes labor contracts, work permits, employment certificates, wage slips, etc.

2. Clarify the name and address of the work-related injury unit: in the case of not participating in work-related injury insurance, the employer is the bearer of work-related injury insurance benefits; In the case of participating in work-related injury insurance, generally speaking, the employer should also bear part of the work-related injury insurance benefits. If the exact name and address of the employer are not known, it is impossible to determine the target of recourse, and in this case, the employee will not be able to claim compensation in the event of a work-related injury.

3. Clarify whether the unit has applied for work-related injury identification: work-related injury identification is a very important part of dealing with work-related injuries. If the employer does not apply for a work-related injury determination within the prescribed time limit, the injured employee and his/her close relatives may apply within one year after the work-related injury occurs.

It should be noted that there is a definite time limit for applying for work-related injury determination, and if the time limit is exceeded, the labor and social security administrative department will not accept it, and the recourse to work-related injury insurance benefits will not be supported by arbitration and the court. Therefore, for employees, do not believe the false promises of employers, so as not to miss the deadline for applying for work-related injury recognition.

4. Calculate the amount of work-related injury compensation according to the level of disability: the negotiation settlement mostly occurs in the case of not participating in work-related injury insurance, because the application for work-related injury recognition may affect the future work-related injury insurance payment ratio of the employer or be punished by the relevant departments, if the employer does not participate in work-related injury insurance for the employee, it is often unwilling to apply for work-related injury recognition and labor ability appraisal after the work-related injury, but chooses to negotiate the amount of compensation. Employees or their relatives who are injured at work will also adopt a pandering attitude in order to make the work-related injury compensation complete as soon as possible.

However, it should be noted that if the negotiation does not meet the standard of work-related injury compensation, the employee can request the employer to make up for it; If the employer does not agree to make up the amount, it is recommended that the employee use labor arbitration to protect his legitimate rights and interests. If the employee chooses to negotiate to solve the problem, he or she should consult more medical experts, lawyers, etc., and if conditions permit, it is best to have a lawyer come forward to negotiate work-related injury compensation and sign a compensation agreement.

If you are unwilling to terminate the contract now, the company cannot take the initiative to terminate the labor relationship with you, and you can now receive a one-time disability allowanceThe latter two are calculated based on the average salary of the previous 12 months before you are discharged, so now the salary rises again every year, and the later you are discharged, the higher the salary, the more one-time medical and employment subsidies you can receive.

If the employer pays work-related injury insurance for you, then the money is paid to you by the insurance**, and it has nothing to do with the company.

If the employer doesn't even pay you work-related injury insurance, then you still work hard for him, and take the money you deserve to find a humane company quickly.

1. If the work after work-related injury compensation continues to be performed in accordance with the original labor contract, the employer shall not unilaterally adjust it. During the period of medical treatment for work-related injuries, the employer shall pay wages on a monthly basis.

2. Article 33 of the "Regulations on Work-related Injury Insurance" 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 injury, the original salary and benefits shall remain unchanged during the period of suspension of work and salary, and shall be paid by the unit 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.

1. The employee or the employer shall submit an application for recognition of work-related injury to the labor and social security administrative department of the overall area within the limited time

2. After the work-related injury is identified, the employer, the injured employee or his or her immediate family members shall submit an application for labor ability appraisal to the labor ability appraisal committee of the city divided into districts, and the disability level shall be determined through the labor ability appraisal;

3. The employer shall pay compensation in accordance with the provisions of the law according to the level of disability appraisal.

If a migrant worker suffers a work-related injury, he or she may directly submit an application for recognition of work-related injury to the labor and social security administrative department of the coordinating area where the employer is located. After the level of work-related injury is determined, you can claim the corresponding work-related injury benefits. If the employer does not grant work-related injury benefits, it can apply for labor arbitration.

Withered hood. 1. How to compensate employees for work-related injuries after leaving the company?

After leaving the job, you can still claim work-related injury compensation, and if you are injured or disabled, you can apply for a one-time disability subsidy, a one-time disability employment subsidy, and a one-time work-related injury medical subsidy, of which the former subsidy can be claimed and paid during the existence of the labor relationship, and the latter two compensation can be paid after the termination or dissolution of the labor contract. If a dispute arises in the application for compensation, it can be resolved in the following ways:

1) Applying for administrative reconsideration in accordance with the relevant provisions, the employee applying for work-related injury determination or his immediate family members, or the employee's unit is not satisfied with the work-related injury determination conclusion; If the injured employee or his or her immediate family members have objections to the insurance benefits approved by the handling agency, they may apply for administrative reconsideration in accordance with the law.

2) If the employee or his or her immediate family members who file an administrative lawsuit to apply for a work-related injury determination, or the employee's unit is not satisfied with the work-related injury determination conclusion, or if the injured employee or his or her immediate family members have objections to the work-related injury insurance benefits approved by the handling agency, they may also directly file an administrative lawsuit in accordance with the law.

3) The application for mediation, arbitration, civil litigation or negotiation to settle the dispute between the employee and the employer over the treatment of work-related injuries shall be handled in accordance with the relevant provisions on the handling of labor disputes. According to Article 77 of the Labor Law, in the event of a labor dispute between an employer and an employee, the parties concerned may apply for dissolution, arbitration, file a lawsuit, or resolve it through negotiation in accordance with the law.

According to the process, the work-related injury determination is applied for first, and the compensation amount can only be finalized after waiting for the appraisal level.

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 ** of the Human Resources and Social Security 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 suspension of work, food allowance, nursing expenses, etc.;

4. If you do not have a labor contract or other evidence to prove the existence of an employment relationship, and cannot apply for a work-related injury determination, you can first apply for labor arbitration to confirm the existence of an employment relationship between you and the employer. After the existence of an employment relationship is confirmed by labor arbitration, an application for work-related injury determination is made;

5. There are many procedures for protecting the rights of work-related injuries, if you are not familiar with it, it is best to entrust a lawyer Liang Jiqian**. Time limit for applying for work-related injury determination.

1) Time limit for the employer to apply for recognition of work-related injury: 30 days, calculated from the date of occurrence of the accident injury or the date of diagnosis or appraisal of occupational disease. In case of special circumstances, the time limit for application may be appropriately extended with the consent of the social insurance administrative department.

As for what constitutes "special circumstances" and what constitutes "appropriate extension", it is up to the social insurance administrative department to determine and decide at its discretion. If the employer fails to apply for a work-related injury determination during the above-mentioned period, the injured employee, his or her immediate family members, or trade union organizations may directly apply for a work-related injury determination.

2) The time limit for the injured employee or his immediate family members or trade union organizations to apply for work-related injury recognition: 1 year, calculated from the date of occurrence of the accident injury or the date of diagnosis and appraisal of the occupational disease. This period is the exclusion period.

If it has been determined that it is a work-related injury, then under normal circumstances, it is necessary to compensate for hospitalization expenses, medical expenses, work expenses, lost work expenses, etc., which are generally deducted from the work-related injury insurance, and if the employee does not have work-related injury insurance, then all expenses are borne by the company.

If it is recognized as a work-related injury after the work-related injury is declared, the work-related injury insurance will pay the medical expenses and expenses of the work-related injury; transportation and accommodation expenses for medical treatment outside the Shixiang area; Disability Assistive Devices; and expenses such as living care expenses.

[Legal basis].Article 38 of the Social Insurance Law of the People's Republic of China.

The following expenses incurred due to work-related injuries shall be paid from work-related injury insurance** in accordance with national regulations:

1) Medical expenses and expenses for the return of 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.

Legal analysis: The standards of work-related injury compensation are as follows: 1. Treatment (medical) expenses:

Must meet the work-related injury insurance diagnosis and treatment items catalog, work-related injury insurance drug catalog, and work-related injury insurance hospitalization service standards; 2. Hospitalization meal subsidy: 70% of the inpatient meal subsidy standard will be issued by the unit according to the standard of the unit's meal subsidy for business trips; 3. **** fee: If it meets the provisions of the third paragraph of this article in the catalogue of work-related injury insurance diagnosis and treatment items, the catalogue of work-related injury insurance drugs, and the work-related injury insurance hospitalization service standards, it shall be subject to work-related injury.

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) Being injured in an accident during working hours and in the workplace due to work-related reasons;

2) Being injured in an accident while engaging in work-related preparatory or finishing work in the workplace before or after working hours;

3) Injured by violence or other accidents during working hours and in the workplace due to the performance of work duties;

4) Suffering from occupational diseases;

5) Injured or unaccounted for in an accident while away for work;

6) Injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train for which they are not primarily responsible;

7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.

Article 30 Employees who are injured in accidents or suffer from occupational diseases due to work shall enjoy medical treatment for work-related injuries.

Employees who are injured at work shall seek medical treatment in a medical institution that has signed a service agreement, and in case of emergency, they can first go to the nearest medical institution for first aid.

**If the expenses required for work-related injuries meet the requirements of work-related injury insurance diagnosis and treatment items, work-related injury insurance drug lists, and work-related injury insurance hospitalization service standards, they shall be paid from work-related injury insurance**. The catalogue of work-related injury insurance diagnosis and treatment items, the catalogue of work-related injury insurance drugs, and the hospitalization service standards of work-related injury insurance shall be prescribed by the social insurance administrative department in conjunction with the health administrative department, the food and drug supervision and administration department and other departments.

The food subsidy for the hospitalization of the employee for the work-related injury, as well as the transportation, accommodation and accommodation expenses required for the work-related injury employee to seek medical treatment outside the co-ordination area shall be paid from the work-related injury insurance, and the specific standard of payment shall be stipulated by the people of the co-ordination area.

Injured employees are not entitled to medical treatment for work-related injuries and shall be dealt with in accordance with the basic medical insurance measures.

If the work-related injury employee goes to the medical institution that has signed the service agreement to carry out the work-related injury**, if it meets the requirements, it shall be paid from the work-related injury insurance**.