The work related injury was not determined, and the company asked me to coordinate the matter, and w

If the employee fails to determine the work-related injury, the company asks the employee to coordinate the matter, and the injured person's family detains the employee's car, which is an illegal act, and the employee can bring the relevant materials to the local social security department to apply for the work-related injury determination.

1. To apply to the Human Resources and Social Security Bureau (formerly the Labor Bureau) for work-related injury identification, the company needs to report within one month of the accident, if the company does not apply, the injured employee or his close relatives shall apply for recognition within one year. Materials to be submitted: application form for work-related injury determination (**generally ** from the Labor Bureau), proof of labor relationship with the employer, medical diagnosis certificate, etc.;

2. If there is a disability that affects the ability to work after the injury is relatively stable, the applicant shall apply for labor ability appraisal and submit an application to the labor ability appraisal committee of the city divided into districts (generally established in the human resources and social security bureau at the same level);

3. According to different disability levels, the compensation obtained is different. The main compensation is: medical expenses, one-time disability allowance, one-time employment allowance, one-time medical allowance, salary during the period of leave of absence, food allowance, nursing expenses, etc.

4. If the employee does not have a labor contract and other evidence to prove the existence of an employment relationship, and cannot apply for a work-related injury determination, he or she can first apply for labor arbitration to confirm the existence of an employment relationship between you and the employer. After the existence of an employment relationship is confirmed by labor arbitration, an application for work-related injury determination is made.

5. 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) Being 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) Injured by violence or other accidents during working hours and in the workplace due to the performance of work duties;

4) Suffering from occupational diseases;

5) Injured or unaccounted for in an accident while away for work;

6) Injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train for which they are not primarily responsible;

7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.

Article 15 An employee shall be deemed to have suffered a work-related injury under any of the following circumstances:

1) Died of a sudden illness during working hours and at work, or died within 48 hours after rescue efforts failed;

2) Suffering harm in emergency rescue and disaster relief or other activities to preserve national or public interests;

3) Employees who previously served in the army, were disabled due to war or duty injuries, and have obtained the certificate of revolutionary disabled soldiers, and were injured after arriving at the employer.

Where employees have any of the circumstances in items (1) or (2) of the preceding paragraph, they shall enjoy work-related injury insurance benefits in accordance with the relevant provisions of these Regulations; Employees who have the circumstances in item (3) of the preceding paragraph shall enjoy work-related injury insurance benefits other than a one-time disability subsidy in accordance with the relevant provisions of these Regulations.

Article 16: Where an employee meets the requirements of Articles 14 and 15 of these Regulations, but in any of the following circumstances, it shall not be recognized as a work-related injury or treated as a work-related injury:

1) Intentionally committing a crime;

2) Drunk or drug addiction;

3) Self-harm or suicide.

Duty behavior has nothing to do with your personal property, it is recommended to report to the police.

I have personally experienced the whole process of work-related injuries, and I will tell you about it.

1. Why did the employer ask me to go to arbitration for compensation after a work-related injury?

According to the analysis of the limited information given in the question, it is known that it is a work-related injury, and Xiao Chipei must have been recognized as a work-related injury by the Work-related Injury Insurance Management Center of the Human Resources and Social Security Bureau of the District to which he belongs. If compensation is already involved, it will touch the employer if the employer does not renew the labor contract of the injured employee upon expiration or the employer proposes to terminate the labor relationship, and the employer needs to pay compensation. There is an unknown here, which is not explicitly given in the title.

That is, whether the disability ability assessment has been carried out after the recovery from the work-related injury, and whether the disability level has been assessed. If there is a disability rating, then you can get three one-time subsidies, and the company needs to bear a one-time employment subsidy. If the employer terminates the employment relationship with you, you can only claim unemployment insurance and severance compensation of one year's salary; If you don't have a disability rating due to a work-related injury, there is no legal basis for you to receive compensation.

To sum up, the employer's refusal to compensate is based on the actual situation of the employer after the work-related injury and whether there is a legal basis for the claim。(During this period, you can consult with a lawyer for a fee.) Then go to the labor arbitration commission to submit supporting materials, and the arbitration commission's material acceptance personnel will have a preliminary judgment on whether the claim is reasonable.

After the materials and proofs required for the case are accepted, a notice will be given within 15 days to determine when the case will be heard (usually within 30 days). ）

2. What is the compensation for work-related injuries?

Compensation after a work-related injury is usually divided into two categories:

1.Cost of Workers' Compensation Insurance:

**Medical expenses and expenses for work-related injuries, hospital meal subsidies, transportation and lodging expenses for medical treatment outside the overall planning area, living care expenses confirmed by the Labor Ability Appraisal Committee, one-time disability allowance, and one-time medical subsidies for employees with disabilities of grades 1 to 4 who receive them on a monthly basis, and one-time medical subsidies that should be enjoyed after terminating the labor contract.

2.Fees paid by the employer:

Wages and social security during the period of leave without pay. If the work-related injury and disability level is not assessed, you can only claim your own salary and social security during the period of suspension of work with pay, and if the employer has paid wages and social security during the work-related injury and ** period, you cannot repeat the claim. A one-time disability employment subsidy to be enjoyed when the employment contract is terminated or dissolved.

If the employer does not purchase insurance, or misses the time limit for the determination of work-related injury due to the delay of the employer, the employer shall bear all the above expenses after arbitration.

To sum up, the compensation provisions after the work-related injury are these contents, and the injured employee needs to describe the facts in detail according to his actual situation, so that the answerer can clearly understand the situation you are in, and then propose targeted solutions and provide practical help.

The reason is that the unit does not want to compensate you, so it found an excuse for you to go to arbitration, if the arbitration is successful, the unit has to compensate you, if the arbitration fails, the unit will not need to compensate you, so I think this is an irresponsible current state of the unit.

Because the law clearly stipulates that the employer must purchase social insurance for the employee, if the work-related injury unit compensates privately, then it is not protected by the law.

The unit does not want to be responsible, and wants to shirk itself to other places before saying this, and it can also be seen that this unit is not responsible for the boss at all.

If the company does not cooperate with the employee to determine the work-related injury, the injured employee can directly apply to the labor and social security administrative department of the co-ordinating area where the employer is located. If a worker is found to be injured by a slag worker, he or she shall enjoy the corresponding rights.

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 Treatment of Occupational Diseases, the employer shall be injured or diagnosed from the date of the accident; Within 30 days from the date of identification of occupational disease, an application for recognition of work-related injury shall be submitted 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 immediate family members or trade union organization may, within 2 years from the date of occurrence of the accident injury or the date of diagnosis or appraisal of the occupational disease, directly submit an application for recognition of work-related injury to the labor and social security 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 the 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 that meet the requirements of these Regulations during this period.

Legal analysis: If the employer does not cooperate with the determination of work-related injuries and cannot do so, it can apply for labor arbitration or resolve it through litigation. In the event of a labor dispute, if the parties are unwilling to negotiate, fail to negotiate, or fail to perform after reaching a settlement agreement, they may apply to the mediation organization for mediation; If the applicant is unwilling to mediate, fails to mediate, or fails to perform after reaching a mediation agreement, he or she may apply to the Labor Dispute Arbitration Commission for arbitration.

Legal basis: Article 5 of the Labor Dispute Mediation and Arbitration Law In the event of a labor dispute, if the parties are unwilling to negotiate, fail to negotiate or fail to perform after reaching a settlement agreement, they may apply to the mediation organization for mediation; If the applicant is unwilling to mediate, fails to mediate, or fails to perform after reaching a mediation agreement, he or she may apply to the Labor Dispute Arbitration Commission for arbitration. If a person is dissatisfied with an arbitral award, he or she may file a lawsuit in the people's court, except as otherwise provided by this Law.

Summary. Hello dear, happy to answer your <>

If there is a work injury at the construction site, does the company say that they have to deal with it themselves? If the employer asks you to do a work-related injury appraisal on your own, you need to provide evidence of injury from the construction site, and that's fine.

If there is a work injury at the construction site, does the company say that they have to deal with it themselves?

Hello dear, happy to answer your <>

At the construction site, there was a mess with the work-related injury company, and the company said that they were going to deal with it themselves, did they have any problems? If the unit asks you to go to the work to correct the injury appraisal, you need to provide evidence of injury at the construction site, and that's fine.

Legal Analysis: Go to the Ministry of Labor to apply for work-related injury determination. This is very important, without this premise, the source god is versatile.

If the company does not give the application a loss, you must go to the labor department to apply. If you have obtained a work-related injury certificate from the work-related injury department, the employer shall bear all the medical expenses.

I mean, the company takes care of it on its own, is there anything wrong?

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 who are injured at work shall 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 emergency treatment.

**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 dust sail 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 work-related injury of the worker, 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, and the specific standard of payment shall be stipulated by the people in the co-ordination area.

Kiss, then you have to negotiate with the person concerned.

What is negotiable, the company says they go through the work-related injury procedure themselves.

It's okay to kiss.

There's no routine.

Parent-related work-related injuries are the labor department to handle the application for work-related injury identification, and apply for labor ability appraisal after the injured employee's injury condition is relatively stable; Apply for work-related injury insurance benefits.

Summary. Hello, it's a pleasure to answer for you! It is recommended to entrust a lawyer to declare the work-related injury first, and only then can the specific compensation items and amounts be determined according to the results of the disability appraisal level and the income level of the injured person and the individual.

Hello, it's a pleasure to answer for you! It is recommended to entrust a lawyer to make a declaration of work-related injury first, and according to the results of the disability appraisal level and the income level of the injured person and personal factors, the specific compensation items and the amount of the beard can be determined.

Hello, Wang Shu, if the company does take measures to deal with work-related injuries, then there is no problem. However, if the company does not take measures or the measures taken are not effective enough, there is a problem of hidden models, and the company should be complained to the labor department and asked the company to take responsibility. <>