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In this case, the injured employee needs to collect materials such as labor relationship certificates, copies of the company's business license, medical records, eyewitness testimony and other materials to apply to the Work-related Injury Department of the Labor Bureau for work-related injury determination, and if the employer does not cooperate, he or she should complain to the labor inspection brigade or apply to the labor arbitration commission for labor arbitration.
According to 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 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.
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 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) 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 social insurance administrative department shall accept it.
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You can go to the labor bureau to report the work-related injury yourself.
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Lodge a complaint with the Social Security Bureau's Inspection Brigade.
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First of all, it is necessary to apply to the local labor department for the recognition of work-related injury, such as the injury is recognized as a work-related injury, and after obtaining the decision letter issued by the labor department, the medical expenses shall be paid in full by the employer, and the wages shall be paid according to the original treatment during the period of suspension of work and salary (during the period of work-related injury ** and **).
Go to the law firm and ask for a satisfactory answer.
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According to the regulations, the employer shall pay the employee a monthly salary according to the wage standard before the injury during the period of rest for the work-related injury. If the employer does not support it, or lowers the standard payment, the employee can file a complaint with the local labor inspection brigade.
Negotiate with the company, and if the company is willing to be satisfied with both parties, then there is no problem. If the company is unwilling to compensate, it can be resolved through litigation procedures, pay attention to evidence collection during the litigation process, especially various receipts and invoices, etc., which is an important evidence for compensation, and there is important evidence for the case.
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