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You can apply for labor arbitration to require the employer to perform the contract.
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Analysis of Fahon's Law:
According to the written certificate of the work-related injury medical institution, if the work can be resumed, the work shall be resumed; If it is necessary to continue to recuperate, apply to the Labor Ability Appraisal Committee for confirmation.
Legal basis: Article 33 of the Regulations on Work-related Injury Insurance If an employee is injured in an accident or suffers from an occupational disease due to 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 of work and salary, and shall be paid by the employer on a monthly basis.
The period of leave without pay is generally not more than 12 months. If the injury is serious or the circumstances are 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. After the work-related injury is assessed, the original benefits shall be suspended and the disability benefits shall be enjoyed in accordance with the relevant provisions of this Chapter.
If the injured employee still needs to be ** after the expiration of the period of suspension of work with pay, he or she shall continue to enjoy the medical treatment of work-related injury.
If an injured employee who is unable to take care of himself needs nursing care during the period of suspension of work with pay, the unit to which he or she belongs shall be responsible.
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Legal analysis: If the application for work-related injury determination is not made within one year, the social insurance administrative department will not accept it, and it can also file a civil lawsuit with the court.
Legal basis: Article 14 of the Regulations 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 due to work-related reasons during working hours and in the workplace; (2) Injured in an accident while engaged in work-related preparatory or oak collection 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 occupational diseases; (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; (7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.
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Legal analysis: If the applicant fails to apply for a work-related injury determination within one year, the social insurance administrative department will not accept the promotion and can also file a civil lawsuit with the court. The basis of the law pants dressing up:
Regulations 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 shall be recognized as work-related injuries as provided by laws and administrative regulations.
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1.First of all, it is necessary to apply to the local labor department for work-related injury recognition, which is the premise of all problems, without applying for work-related injury identification, it is impossible to obtain compensation through work-related injury, if the employer does not apply, the individual employee must apply within one year from the date of injury;
2.According to Article 18 of the Regulations on Work-related Injury Insurance, the following materials shall be submitted to apply for work-related injury determination:
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.
3.According to Article 17 of the Regulations on Work-related Injury Insurance, the employer shall apply for a work-related injury determination for the employee within 30 days from the date of the accident injury.
4.If the injury is determined to be a work-related injury, after the injury is stabilized, you can apply for a labor ability appraisal to identify the work-related injury level, and then calculate the amount of disability compensation according to the disability level;
5.If the employer fails to fulfill the above obligations, the injured employee can file a complaint with the local labor inspection brigade or directly apply for arbitration to the labor arbitration commission to protect his or her legitimate rights and interests.
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I was injured at the Xuzhou construction site in April last year, and later identified as a work-related injury, this year the company asked me to go to the disabled, identified as grade 9, and now the company is delaying the time and ignoring it, which department should I find.
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