Is there any lawyer who is willing to fight if there is no work related injury determination?

Work-related injury compensation must go through three necessary stages: work-related injury identification, labor ability appraisal, and labor arbitration. Many migrant workers do not have labor contracts, work permits and other certificates, and often need to be recognized as labor relations. Medical expenses 1 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.

2 ** If the expenses required for work-related injury meet the requirements of work-related injury insurance diagnosis and treatment items, work-related injury insurance drug list, and work-related injury insurance hospitalization service standards, they shall be paid from work-related injury insurance**. 3. Injured employees** who are not injured at work shall not enjoy the medical treatment of work-related injuries and shall be dealt with in accordance with the basic medical insurance measures. 4. 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** upon the certificate issued by the medical institution and approved by the handling agency, and the specific standard of payment shall be stipulated by the people of the co-ordination area**.

4] Lost time pay (treatment during the period of suspension of work)1 If 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 of work and salary, and shall be paid by the original unit on a monthly basis. 2. The period of leave without pay is generally not more than 12 months. If the injury is serious or 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.

3. If the injured employee still needs to be ** after the expiration of the suspension period, he or she shall continue to enjoy the medical treatment of the work-related injury. Nursing expenses1 If an injured employee who is unable to take care of himself needs nursing care during the period of suspension of work, the employer shall be responsible for it. 2. If the injured employee has been assessed for disability and confirmed by the Labor Ability Appraisal Committee to be in need of living care, the living care fee shall be paid on a monthly basis from the work-related injury insurance**.

The living care expenses are paid according to three different levels: completely unable to take care of themselves, most of them unable to take care of themselves, or part of their lives cannot take care of themselves, and the standards are respectively % or 30% of the average monthly salary of employees in the overall planning area in the previous year. [

If it is not recognized, it cannot be said to be a work-related injury, and if it is not a work-related injury, what kind of lawsuit?

You can self-report the injured worker and get the corresponding compensation. Whether it is necessary to indemnify the matter. It depends on your own ability.

You can do it yourself, go directly to the labor department to fill in the application form for work-related injury determination, and submit relevant evidence; Of course, you can**. If it is not necessary to hire a lawyer for the determination of work-related injury, it is sufficient to prepare the materials for the application.

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) with 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 administrative department for social insurance shall accept it.

1. How to compensate for voluntary resignation after work-related injury identification?

First, regardless of whether a work-related injury occurs, there is no economic compensation for the voluntary resignation of ordinary employees, except for those who are forced to resign. If the company fails to help the employee pay social insurance, or fails to pay wages in full and on time, or fails to provide working conditions or labor protection, the employee may be forced to resign on this basis and request the company to pay the severance of the forced resignation.

Second, if a person resigns due to a work-related injury, although the employer may not pay the severance compensation for the number of years of service, the work-related injury insurance benefits cannot be deprived because of this. In the case of work-related injury and disability, a one-time disability subsidy, a one-time disability employment subsidy, and a one-time medical subsidy for work-related injuries can be requested, of which the former subsidy can be claimed and paid during the existence of the employment relationship, and the latter two compensation shall be paid after the termination or dissolution of the labor contract.

If a dispute arises over work-related injury benefits, it can be resolved through negotiation, applying for mediation, arbitration or filing a civil lawsuit. It should be pointed out that a civil lawsuit must be arbitrated before it can be filed, otherwise the court will not 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 directly apply for recognition of work-related injury to the social insurance administrative department of the coordinating 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. 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 a lawyer is hired, he can better protect his or her legitimate rights and interests, especially for what work-related injury insurance benefits employees can enjoy, and the lawyer will have a better understanding of what work-related injury 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.

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 Control of Occupational Diseases, the unit to which he or she 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 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.

According to the provisions of the first paragraph of this article, the provincial-level social insurance administrative department shall handle the determination of work-related injuries by the districted social insurance administrative department at the municipal 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.