If you have a work injury and go to the labor bureau, will he recommend a lawyer to you?

1. Not necessarily, it is not the obligation of the Labor Bureau to recommend a lawyer.

Second, your local portal**, like what kind of city, what kind of network, you can search for lawyers, you can take the initiative to contact it.

3. There is generally a law firm at the entrance of the court, which can be found at the door.

Whether or not to hire a lawyer after a work injury depends on the situation and is as follows:

1. If you don't understand some laws and regulations on work-related injuries, you can entrust a lawyer, and if you hire a lawyer, you can better protect your legitimate rights and interests;

2. If the case can be resolved through negotiation, there is no need to hire a lawyer, which can avoid unnecessary costs. After the occurrence of a work-related injury is confirmed, the enterprise shall submit an application for work-related injury recognition to the local social insurance administrative department within 30 days from the date of the occurrence of the work-related accident or the date of confirmation of the occupational disease. If the enterprise fails to submit an application for recognition of work-related injury in accordance with the regulations, the victim of the work-related injury or his/her family members shall be disturbed and the trade union organization may directly apply for recognition of work-related injury to the administrative department of social insurance in the area where the employer is located within one year from the date of occurrence of the accident injury or the date of diagnosis or appraisal of the occupational disease.

Regulations on Work-related Injury Insurance

Article 18. The following materials shall be submitted to submit an application for determination of work-related injury:

1) Application form for determination of work-related injury;

2) Proof of the existence of an employment relationship (including a de facto employment relationship) between the employer and the employer;

3) Medical diagnosis certificate or occupational disease diagnosis certificate (or occupational disease diagnosis and appraisal certificate).

The application form for determination of work-related injury shall include basic information such as the time, place, and cause of the accident, as well as the degree of injury of the employee.

Where the materials provided by the applicant for work-related injury determination are incomplete, the social insurance administrative department shall inform the applicant of all the materials that need to be supplemented and corrected in writing at one time. After the applicant requests to supplement and correct the materials in accordance with the written notice, the social insurance administrative department shall accept it.

Legal analysis: If you do not understand some laws and regulations on work-related injuries, it is recommended to entrust a lawyer so that you can better protect your rights and interests.

After an employee suffers from a work-related accident, the enterprise shall submit an application for work-related injury recognition to the local social insurance administrative department within 30 days from the date of the occurrence of the work-related accident or the date of confirmation of the occupational disease. If the enterprise fails to submit an application for recognition of work-related injury in accordance with the regulations, the injured victim or his family members and trade union organizations may, within one year from the date of occurrence of the accident injury or the date of diagnosis or appraisal of occupational disease, directly apply to the social insurance administrative department of the co-ordinating area where the employer is located. If the worker does not understand these issues, he or she is likely to miss the above deadline and end up not receiving the corresponding work-related injury insurance benefits.

On the other hand, if you hire a lawyer, you can better protect your legitimate rights and interests, especially for what work-related injury insurance benefits employees can enjoy, the lawyer will have a better understanding of what work-related injury insurance benefits can enjoy, so as to prevent the omission of work-related injury treatment claims.

Legal basis: Article 17 of the 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 area. 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, 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 the 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.

After the appraisal of work-related injury, the amount of compensation can be calculated according to the standard of appraisal, and if the employer has paid the work-related injury insurance, the work-related injury insurance will be directly paid by the work-related injury insurance**, and if the employer is not insured, it will be resolved through negotiation with the employer, and if it cannot be negotiated with the employer, it can be submitted to labor arbitration for arbitration. Where it is impossible to negotiate with the unit, a lawyer may be retained to intervene to help protect rights.

So what are the precautions when hiring a lawyer?

In general, the following points should be noted:

1.If you have a choice, try to choose a lawyer who specializes in handling work-related injuries or labor disputes.

2.If you can't find a lawyer who specializes in handling such cases, you can find a relatively large local law firm, which has strict management standards and strict requirements, and will have sufficient backup protection for the client's case.

3.After consultation and communication with the lawyer, after confirming the entrusted lawyer, the entrustment contract should be signed with the law firm, at least in triplicate, one copy by the undertaking lawyer in the case file, one copy in the law firm, and one copy by the party in the custody.

4.Hiring a lawyer is to buy legal services, there is no fixed standard, the key is to choose the right lawyer for your case.

Legal basis: Article 53 of the Lawyers Law of the People's Republic of China?

Lawyers who have received a punishment of suspension of practice for more than six months must not serve as partners if the punishment period has not yet been completed for three years.

Those whose lawyers' practice certificates have been revoked must not serve as defenders or litigants, except for those who are the guardians or close relatives of parties to criminal, civil, or administrative litigation.

Article 55 of the Lawyers Law of the People's Republic of China?

Where persons who have not obtained a lawyer's practice certificate engage in legal service business in the name of a lawyer, the local people's ** judicial administrative department at or above the county level where there is a shortage of people is to order them to stop their illegal practice, confiscate their unlawful gains, and give a fine of between 1 and 5 times the amount of their unlawful gains.

Summary. 1. 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**. 2. 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.

Should I find a lawyer or the Labor Bureau for work-related accident disputes? Which one is better to handle.

1. 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**. 2. 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 determined after the level of labor disorder ability appraisal.

2. If there is a disability that affects the ability to work after the injury is relatively stable, the applicant shall apply for the evaluation of the labor ability and submit an application for hunger 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);

If the two parties fail to reach a settlement through negotiation, it is recommended to entrust a lawyer to handle it, because it is necessary to operate in accordance with the process in accordance with the law and calculate the work-related injury benefits.

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