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You can apply for resignation, but it is illegal for the unit to not handle it due to work-related injuries!
According to your situation, it can be seen that the injury of your work injury is not large!Right!
Resignation and work-related injury are two ways, you can go to the Arbitration Committee of the Tianjin Local Labor Bureau for consultation! It must be no problem, they are free!
1.The work-related injury company has been reported, I suggest you wait another month or so, or go directly to the local labor bureau work-related injury department to consult, whether your work-related injury application has been approved, and you should also know whether you have asked to cooperate with the work-related injury department to investigate and collect evidence, and when your work-related injury report comes down, your resignation will be better, and you should give you the report that should be given to you!
2.In addition, whether you need to be assessed for the disability level of your work-related injury, which should be assessed according to your work-related injury and medical situation, you can consult the work-related injury department of the local labor bureau of Tianjin; If so, it means that there is also a relevant disability benefit that can be compensated. If you don't need a rating after consultation, you just need to report the medical expenses and medical period wages to the work-related injury department of the local labor bureau to the local labor bureau, and there is no problem with your resignation; But if the unit wants you to cooperate, you can keep a **.
If you want to rate, you must cooperate with leaving ** or address, and the next time the unit manager applies for disability appraisal for you, you must cooperate (sign the application, prepare the materials to go to the disability appraisal designated by the Industrial Injury Section of the Regional Labor Bureau, and the rating report for about 2 months); Generally, this is handled by the unit, and the injured employees cooperate;
3.There is a report after 2 general work-related injury applications; There will be a reply 2-3 months after the application for disability appraisal rating! However, the work injury department of the local labor bureau has different handling methods, and the time difference is very large, and I have encountered it for nearly a year!
4.Method: Consult with the arbitration committee of the local labor bureau first, and then negotiate with the unit. The key is your personal gain or loss.
Good luck!
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First of all, make sure that your question is two different things. It is recommended that you talk about other issues after your work injury, because there are still many problems in your work injury problem to be solved clearly, and it is not too late to talk about resignation. Is it okay to do this in line with the problem-solving process and at the same time be responsible for yourself?
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Illegal. If the labor relationship can be determined, you should apply for work-related injury identification and labor ability appraisal as soon as possible, and then apply for labor arbitration as soon as possible according to the appraisal results to request the employer to compensate for work-related injuries, because the statute of limitations is only 1 year, and the law does not support it if the statute of limitations is exceeded.
Compensation items for disability caused by work-related injuries: medical expenses, food allowance during hospitalization, living care expenses, wages during work-related injuries, transportation and accommodation expenses, assistive device expenses, one-time disability allowance, disability allowance, one-time medical subsidy for work-related injuries, one-time disability employment subsidy, etc.
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The company's claims are against the law.
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Legal analysis: You can resign during the work-related injury application period, but it will be more advantageous to resign later, and it is recommended that you do not resign during the work-related injury identification period.
Legal basis: Labor Contract Law of the People's Republic of China
Article 37 A worker may terminate the labor contract by notifying the employer in writing 30 days in advance. During the probationary period, the employee may terminate the contract by notifying the employer three days in advance.
Article 38 An employer may terminate a labor contract under any of the following circumstances: (1) it fails to provide labor protection or working conditions in accordance with the provisions of the labor contract; (2) Failure to pay labor remuneration in full and in a timely manner; (3) Failing to pay social insurance premiums for workers in accordance with law; (4) The rules and regulations of the employer violate the provisions of laws and regulations and harm the rights and interests of workers; (5) The labor contract is invalid due to the circumstances provided for in the first paragraph of Article 26 of this Law; (6) Other circumstances in which the labor contract may be terminated as provided by laws and administrative regulations. If an employer forces an employee to work by means of violence, threats or illegal restriction of personal freedom, or if the employer directs or forces the employee to perform risky work in violation of rules and regulations and endangers the employee's personal safety, the employee may immediately terminate the labor contract without prior notice to the employer.
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Summary. Hello dear, it is a pleasure to serve you <>
Employees can leave their jobs during the declaration period of work-related injuries The calculation of work-related injury benefits is generally after the work-related injury identification and labor ability appraisal, so it is beneficial for you to resign late. If you don't need it anymore, then personal leave is unpaid, and if you don't need it anymore, then personal leave is unpaid. If required**, sick leave should be paid.
During the declaration period of work-related injury, the employee can leave the job, and the resignation is correct.
Hello dear, it is a pleasure to serve you <>
Employees can leave their jobs during the work-related injury declaration period The calculation of work-related injury benefits is generally after the work-related injury identification and labor ability appraisal, so it is beneficial for you to resign late. If ** is no longer needed, then personal leave is unpaid, and if ** is no longer needed, then personal leave is an unpaid search. If required**, sick leave should be paid.
Legal basis: Article 39 of the "Work-related Injury Insurance Article and this Case" If an employee dies on the job, his close relatives shall receive funeral subsidies, pensions for dependent relatives and one-time work-related death subsidies from work-related injury insurance** in accordance with the following provisions: 1. Funeral subsidies are empty-handed
It is the average monthly wage of employees in the overall area for 6 months in the previous year. 2. Pension for dependent relatives: according to a certain proportion of the employee's own salary, it will be paid to the relatives who provided the main living ** and were unable to work during the death of the employee due to work.
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Legal analysis: You can resign during the work-related injury application period, but it is more advantageous to resign late, and it is recommended not to resign during the work-related injury recognition period.
Legal basis: Labor Contract Law of the People's Republic of China
Article 37 A worker may terminate a labor contract by notifying the employer in writing 30 days in advance. During the probationary period, the employee may terminate the labor contract by notifying the employer three days in advance.
Article 38 An employer may terminate a labor contract under any of the following circumstances: (1) it fails to provide labor protection or working conditions in accordance with the provisions of the labor contract; (2) Failure to pay labor remuneration in full and in a timely manner; (3) Failing to pay social insurance premiums for workers in accordance with law; (4) The rules and regulations of the employer violate the provisions of laws and regulations and harm the rights and interests of workers; (5) The labor contract is invalid due to the circumstances provided for in the first paragraph of Article 26 of this Law; (6) Other circumstances in which the labor contract may be terminated as provided by laws and administrative regulations. If an employer forces an employee to work by means of violence, threat, or illegal restriction of personal freedom, or if the employer violates rules and regulations and forces the employee to perform risky work that endangers the employee's personal safety, the employee may immediately terminate the labor contract without prior notice to the employer.
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Legal analysis: When a work-related injury employee leaves the company, he or she shall receive a one-time disability allowance, a disability allowance and living care expenses.
Legal basis: Article 30 of the Regulations on Work-related Injury Insurance Employees who are injured in accidents or suffer from occupational diseases due to work shall enjoy medical treatment for work-related injuries. Employees should seek medical treatment in the medical institution that has signed the 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 certificate issued by the medical institution and the consent of the handling agency, the transportation, accommodation and accommodation expenses required for the injured 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**.
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Safety is something that every one of us needs to pay attention to at all times, which provides a basic guarantee for our better development. However, many workers will have accidents at work. So if an employee leaves the company, can they report a work-related injury?
1. Whether employees can report work-related injuries after leaving the company
1. Employees can declare work-related injuries after leaving the company.
2. The validity period of work-related injury appraisal is one year after the injury, and if the employer does not cooperate, the employee shall collect evidence, such as: eyewitness testimony and signature and fingerprint, supporting materials that can prove the labor relationship, etc. If it is necessary to arbitrate even labor disputes to arbitrate the labor relationship, this must be within one year after the termination of the labor contract with the employer, and it cannot be accepted after more than one year, so it should be seized as soon as possible.
3. The law stipulates: 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 belongs shall, within 30 days from the date of the accident injury or the date of diagnosis or appraisal of an occupational disease, submit an application for work-related injury recognition to the social insurance administrative department of the coordinating region.
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.
In accordance with 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 social insurance administrative department at the districted city level where the employer is located.
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.
2. Materials to be submitted for an application for determination of work-related injury
The following materials shall be submitted to the application for work-related injury determination: (these materials must be available, and must also meet the requirements of the Work-related Injury Section of the Labor Bureau, otherwise they will not be accepted).
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).
As mentioned above, it can be seen from the above introduction that employees can also apply for work-related injury appraisal, and if an employee is injured in an accident or is diagnosed or identified as an occupational disease in accordance with the provisions of the Occupational Disease Prevention and Control Law, the validity period of work-related injury recognition is one year after the injury, and the application cannot be made after one year.
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Summary. Hello, glad to answer for you. <>
Employees can resign during the period of applying for work-related injury, and employees can resign during the period of applying for work-related injury determination. The employee shall notify the employer in writing 30 days in advance of the resignation and 3 days in advance during the probationary period. If the employer falls under any of the circumstances provided for in Article 38 of the Labor Contract Law, the employee may terminate the labor contract immediately without prior notice to the employer.
However, it may not be conducive to enjoying work-related injury insurance benefits. You can resign during the work-related injury identification period, but try not to resign, otherwise the follow-up operation of work-related injury identification and work-related injury claims will become more complicated. If the injury is more serious and the hospital recommends rest, you can rest at home, and your salary will be paid normally during the period of suspension of work.
Can I resign while I am applying for a work-related injury?
Hello, glad to answer for you. <>
Employees can resign during the period of applying for work-related injury, and employees can resign during the period of applying for work-related injury determination. The employee shall notify the employer in writing 30 days in advance of the resignation and 3 days in advance during the probationary period. If the employer falls under any of the circumstances provided for in Article 38 of the Labor Contract Law, the employee may immediately terminate the contract without prior notice to the employer.
However, it may not be conducive to enjoying work-related injury insurance benefits. You can resign during the work-related injury identification period, but try not to resign, otherwise the follow-up operation of work-related injury identification and work-related injury claims will become more complicated. If the injury is more serious and the hospital recommends rest, you can rest at home, and your salary will be paid normally during the period of suspension of work.
The work-related injury certificate has not yet been issued and I have applied for the work-related injury certificate I am ready to accompany the quarrel and want to resign Will the resignation have an impact on the suspension of work and salary, right? Will the medical expenses have an impact because I paid the expenses during the hospitalization.
The period of suspension of work is a period during which an employee who is injured in an accident or suffers from an occupational disease needs to suspend work to receive medical treatment for work-related injuries, and continues to pay the original salary and benefits by the employer on a monthly basis. The period of suspension with pay is a work-related injury insurance benefit expressly stipulated in the Regulations on Work-related Injury Insurance, which arises based on the work-related injury injury and the existence of a work-related injury insurance relationship with the employer. <>
Kiss, resignation has no impact on medical expenses, medical expenses are determined according to the cost of your treatment in the hospital, and resignation will not affect the cost of medical treatment. <>
What will have an impact on it.
Dear, the work-related injury certificate has not yet come down, and resignation has no impact on the suspension of work and salary. The period of suspension with pay is a work-related injury insurance benefit expressly stipulated in the Regulations on Work-related Injury Insurance, which arises from the work-related injury injury and the existence of a work-related injury insurance relationship with the employer, and the employee's request to terminate the employment relationship is not equivalent to giving up the work-related injury insurance benefits to which he is entitled. <>
Good. Is it okay for me to resign now?
Dear, it's okay for you to resign now, but you need to notify your employer of your resignation 30 days in advance. <>
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According to Article 33 of the Regulations on Work-related Injury Insurance, 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 injury, the original salary and benefits shall remain unchanged during the period of suspension with pay, and shall be paid by the employer on a monthly basis. For the purposes of these Regulations, the term "personal wages" refers to the average monthly wages paid by injured employees in the 12 months prior to the injury caused by accidents or occupational diseases caused by work. If the salary is higher than 300% of the average salary of employees in the overall planning area, it shall be calculated according to 300% of the average salary of employees in the overall planning area; If the salary of the employee is lower than 60% of the average salary of employees in the overall planning area, it shall be calculated according to 60% of the average salary of employees in the overall planning area.
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