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It is recommended to actively negotiate or find an intermediary to mediate, but if it is not possible, you can sue.
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There are so many such things! You'll have to ask the judge to find them.
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Labor ability appraisal is the basis and prerequisite for the labor appraisal agency to comprehensively assess the degree of disability and loss of working ability of the injured employee according to the national appraisal standards and the methods and means of relevant policies and medical science and technology after the worker is injured due to work.
Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes Article 2 This Law shall apply to the following labor disputes between employers and workers within the territory of the People's Republic of China:
1) Disputes arising from the confirmation of labor relations;
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.
Article 28 The claimant shall submit a written application for arbitration and submit a copy according to the number of respondents.
The statement of claim for arbitration shall contain the following particulars:
1) The name, gender, age, occupation, work unit and domicile of the worker, the name and domicile of the employer, and the name and position of the legal representative or principal responsible person;
2) the claim for arbitration and the facts and reasons on which it is based;
3) Evidence and evidence**, names and addresses of witnesses.
If it is really difficult to write an arbitration application, it may apply orally, and the labor dispute arbitration commission shall record it in the record and inform the other party.
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Summary. Pro-<>
I am glad to answer for you: After the determination of work-related injury, if the relevant departments of work-related injury insurance delay in paying compensation, the relevant units or individuals may apply for administrative reconsideration in accordance with the law, and may also file an administrative lawsuit with the people's court in accordance with the law.
The compensation for the work-related injury has been delayed and not paid.
Dear [Qinling slippery pro], I am happy to answer for you: After the determination of work-related injury, if the relevant departments of work-related injury mountain shirt insurance delay in paying compensation, the unit or individual can apply for administrative reconsideration in accordance with the law, and can also file an administrative lawsuit with the people's court in accordance with the law.
Legal basis: Article 55 of the "Regulations on Work-related Injury Insurance" In any of the following circumstances, the relevant units or individuals may apply for administrative reconsideration in accordance with the law, and may also file an administrative lawsuit with the people's court in accordance with the law: (1) The employee applying for the determination of work-related injury or his close relatives or the unit where the employee is located is dissatisfied with the decision not to accept the application for work-related injury determination; (2) The close relatives of the employee applying for a work-related injury determination or the person whose history is broken are rotten, and the employee's unit is not satisfied with the conclusion of the work-related injury determination; (3) The employer is not satisfied with the unit payment rate determined by the handling agency; (4) The medical institution or assistive device allocation institution that signed the service agreement believes that the handling agency has not performed the relevant agreement or provisions; (5) The injured employee or his close relatives have objections to the work-related injury insurance benefits approved by the handling agency.
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In accordance with the "Regulations on Work-related Injury Insurance" and other relevant laws and regulations, the injured employee shall be given disability compensation and other expenses in a timely manner. If the parties have negotiated the compensation and Party A does not pay the compensation in a timely manner as agreed, Party B Sowang may apply to the labor dispute arbitration commission for labor dispute arbitration or file a lawsuit with the people's court to obtain the compensation due.
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The answer to the question of what to do if the work-related injury compensation is not paid is as follows: 1. If the injured person has been identified as having a disability level, then the employee who has left the job can apply for collection, and the employee who does not cooperate with the company shall collect evidence and apply to the Labor Dispute Arbitration Committee for arbitration. 2. If the injured person does not apply for work-related injury identification, then the injured person should apply for work-related injury recognition as soon as possible, and the work-related injury recognition is valid for one year, and will not be able to enjoy work-related injury insurance benefits after one year.
Article 236 of the Civil Procedure Law, where a legally effective civil judgment or ruling takes effect, the parties must perform on it. If one party refuses to perform, the other party may apply to the people's court for enforcement, or the adjudicator may transfer it to the enforcer for enforcement. The parties must perform the mediation document and other legal documents that shall be enforced by the people's courts.
If one party refuses to perform, the other party may apply to the people's court for enforcement.
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Legal analysis: After the determination of work-related injury, if the relevant department of work-related injury insurance fails to pay compensation for a long time, the relevant units or individuals may apply for administrative reconsideration in accordance with the law, and may also file an administrative lawsuit with the people's court in accordance with the law.
Legal basis: Regulations on Work-related Injury Insurance Article 55 In any of the following circumstances, the relevant units or individuals may apply for administrative reconsideration in accordance with the law, and may also file an administrative lawsuit with the people's court in accordance with the law:
1) The employee applying for work-related injury recognition or his close relatives or the employee's unit is dissatisfied with the decision not to accept the application for work-related injury determination (2) The employee applying for work-related injury recognition or his close relatives or the employee's unit is not satisfied with the work-related injury determination conclusion (3) The employer is dissatisfied with the unit payment rate determined by the handling agency (4) The medical institution or assistive device configuration agency that signed the service agreement believes that the handling agency has not fulfilled the relevant agreement or provisions (5) Employees injured at work or their close relatives have objections to the work-related injury insurance benefits approved by the handling agency.
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If the relevant departments of work-related injury insurance delay in paying compensation after the determination of the closed-state work-related injury, the relevant units or individuals may apply for administrative reconsideration in accordance with the law, and may also file an administrative lawsuit with the people's court in accordance with the law.
Legal basis: Regulations on Work-related Injury Insurance Article 55 In any of the following circumstances, the relevant units or individuals may apply for administrative reconsideration in accordance with the law, and may also file an administrative lawsuit with the people's court in accordance with the law:
1) The employee applying for work-related injury recognition or his close relatives or the employee's unit is dissatisfied with the decision not to accept the application for work-related injury determination (2) The employee applying for work-related injury recognition or his close relatives or the employee's unit is not satisfied with the work-related injury determination conclusion (3) The employer is dissatisfied with the unit payment rate determined by the handling agency (4) The medical institution or assistive device configuration agency that signed the service agreement believes that the handling agency has not fulfilled the relevant agreement or provisions (5) Employees injured at work or their close relatives have objections to the work-related injury insurance benefits approved by the handling agency.
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Analysis of the law of the lawWork-related injury identification procedures: 1. Apply for work-related injury identification to the Labor Insurance Department to obtain the work-related injury identification application form and work-related injury application instructions. Submit the application according to the following materials:
1. Fill in the application form for the identification of work-related injuries of enterprise employees; 2. Fill in the personal information form; 3. Proof of labor relationship; 4. Certificate of initial diagnosis from the rescue hospital; 5. A copy of ID card; 6. In case of traffic accidents or violent injuries, submit the responsibility ruling of the public security department and the relevant handling certificate; 7. Those who act bravely in the name of righteousness shall submit supporting materials from the civil affairs department; 8. Proof of work-related injury; 9. 1 two-inch infiltration friend**. The social insurance administrative department shall make a decision on the determination of work-related injury within 60 days of accepting the application for work-related injury determination, and notify the employee or his close relatives and the employee's unit in writing of the application for work-related injury determination. The social insurance administrative department shall make a decision on the determination of work-related injury within 15 days of accepting an application for work-related injury determination where the facts are clear and the rights and obligations are clear.
Legal basisRegulations 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) he or she is 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) Suffering violence or other accidental injuries during working hours and in the workplace as a result of performing work duties; (4) Suffering from an occupational disease; (5) During the period when they are away for work, they are injured due to work reasons or their whereabouts are unknown in an accident; (6) Being injured in a traffic accident or an urban rail transit, passenger ferry, or train accident for which they are not primarily responsible while commuting to or from work; (7) Other circumstances that laws and administrative regulations stipulate shall be recognized as work-related injuries.
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