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1. If the employee is injured in the company, the employee needs to apply for work-related injury identification, and if the employer does not cooperate, then the employee can apply for labor arbitration to protect his rights.
2. In accordance with 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 Treatment of Occupational Diseases, the unit to which he 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 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.
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:
Labor Dispute Mediation and Arbitration Law
Article 2 This Law shall apply to the following labor disputes between employers and workers within the territory of the People's Republic of China:
1) Disputes arising from the confirmation of labor relations;
2) Disputes arising from the conclusion, performance, modification, rescission and termination of labor contracts;
3) Disputes arising from removal, dismissal, resignation, or resignation;
4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training, and labor protection;
5) Disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, etc.;
6) Other labor disputes as stipulated by laws and regulations.
Article 27 The limitation period for applying for arbitration of labor disputes shall be one year. The limitation period for arbitration shall be calculated from the date on which the parties knew or should have known that their rights had been infringed.
The statute of limitations for arbitration provided for in the preceding paragraph shall be interrupted when one of the parties claims rights against the other party, or requests rights and remedies from the relevant authorities, or the other party agrees to perform its obligations. From the time of interruption, the arbitration limitation period is recalculated.
Where the parties are unable to apply for arbitration within the limitation period provided for in paragraph 1 of this Article due to force majeure or other legitimate reasons, the limitation period for arbitration shall be suspended. The limitation period for arbitration shall continue to run from the date on which the reasons for the suspension are eliminated.
If a dispute arises due to arrears of labor remuneration during the existence of the labor relationship, the employee's application for arbitration shall not be subject to the limitation period for arbitration as provided for in the first paragraph of this Article; However, if the labor relationship is terminated, it shall be filed within one year from the date of termination of the labor relationship.
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For the application for work-related injury determination, when the employer applies for work-related injury recognition in accordance with the law, the employer needs to provide relevant materials in the application materials, and the employer should request the employer to issue the corresponding certificate according to the work-related injury declaration materials.
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You can go to the public security bureau to report the case first, and the public security bureau will find it for you, and then sue him.
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If you can't get the work-related injury appraisal results in person because you can't get them, how to write the power of attorney.
Hello, I am very happy to answer for you, the work-related injury certificate needs to be collected by me, if I can't collect it, I can authorize the agent to collect it. However, the authorized agent needs to have a power of attorney signed by himself, and he also needs to have a copy of his ID card. Entrusting others to exercise their legitimate rights and interests on their behalf, the client shall issue legal documents of the client when exercising their powers.
The client shall not repudiate the entrustment for any reason. If the entrusted party makes any rights and interests that violate the laws of the state, the entrusted party has the right to terminate the entrustment agreement, and within the legitimate rights and interests of the principal's power of attorney, all the duties and responsibilities exercised by the entrusted party will be borne by the principal, and the entrusted party does not assume any legal responsibility. The general order is in the following format:
Legal Power of Attorney Client: Trustee: The trustee is hereby entrusted with various affairs in the handling of my work-related accidents.
The authority of the agency is: (handling the application for recognition of work-related injuries in the case of work-related accidents, appraisals of labor ability, abandonment or modification of litigation claims, mediation and settlement, and filing counterclaims or appeals).
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Legal analysis: The content of the power of attorney should include: the identity information of the client and the entrusted person (name or title, ID card or social unified credit**, address or domicile, etc.), the matters to be entrusted, the scope of the entrustment, the duration of the authorization, etc., and the signature or seal of the principal.
The cost of notarization of power of attorney varies slightly from place to place: 200 to 400 yuan. The materials to be submitted for the notarization of the power of attorney are:
1. My ID card and household registration need to be handled at the notary office in person. 2. A copy of the ID card of the trustee, and the trustee does not need to go to the notary office. 3. Vouchers of entrusted matters and relevant procedures for relocation of houses.
Notarization of power of attorney refers to the activity of the state notary public to prove the authenticity and legitimacy of the intention of the principal to authorize others to carry out a certain legal act in its own name according to the application of the parties. To handle the notarization of entrustment, it shall be handled with the notary office of the place where the client is domiciled or where the entrustment occurs. Persons with incapacity cannot carry out acts of entrustment, and persons with limited capacity to carry out acts of entrustment must obtain the consent of their guardians before they are effective.
In China, the work-related injury appraisal is to go to the labor ability appraisal committee for appraisal, and the work-related injury appraisal is the act of appraising the work-related injury related matters by the labor ability appraisal committee of the community on the basis of the employee who applies for the work-related injury appraisal is recognized as a work-related injury, and after the end of his or her medical treatment or the expiration of the medical treatment period.
Legal basis: Criminal Procedure Law of the People's Republic of China》 Article 200: In any of the following circumstances during the course of trial, where the case cannot continue for a longer period of time, trial may be suspended:
1) The defendant suffers from a serious illness and is unable to appear in court;
2) The defendant escaped;
3) The private prosecutor suffers from a serious illness and is unable to appear in court, and has not retained a litigant to appear in court;
d) for reasons of irresistibility. After the reasons for the suspension of the trial disappear, the trial shall be resumed. The period for which the trial is suspended is not included in the trial time limit.
Derivative question: How to apply for recognition of work-related injury?
If the employer fails to issue an accident report and apply for work-related injury recognition after an injury (death) accident occurs, the injured employee or his relatives may apply to the labor and social security bureau of the place where the local insurance or the business license of the enterprise is registered may apply. At the same time, individuals applying for work-related injury recognition must bring the following materials:
1. A valid written labor contract or proof of de facto labor relationship between the employee and the employer should be cautious;
2. Application for Identification of Work-related Injuries of Employees;
3. Employee's ID card and work permit (or work card);
4. Materials on the injury (death) of the employee or the employer (truthfully describing the accident);
5. Relevant circumstantial evidence materials (such as on-site records of written evidence materials of eyewitnesses, **, records of confessions, etc.);
6. Road traffic accident liability certificate, permanent residence address certification materials, etc. (if it is a traffic accident).
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According to the law, if you are injured at work, the employer, that is, the foreman of Baoming socks, shall bear legal responsibility, and you can also fight to demand that the big bag and the general contractor and the employer bear joint and several liability for compensation, including lost work expenses, nursing expenses, food expenses, nutrition expenses, transportation expenses, etc., if your injury is serious, you can also assess the disability, you can claim compensation for disability compensation, living expenses of dependents, spiritual solace and other expenses.
If the injured boss does not compensate, he can apply for labor arbitration. If the labor dispute arbitration award has legal effect, and the employer fails to perform it, it shall apply to the people's court for enforcement.
According to the process, the work-related injury determination is applied for first, and the compensation amount can only be finalized after waiting for the labor ability appraisal level. >>>More
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1. If you are injured on the construction site and are injured in the workplace because of work, then you should apply for work-related injury identification, and after being identified as a work-related injury, the employee can enjoy work-related injury treatment, and during the work-related injury, the unit needs to pay the employee's salary on a monthly basis, and the wages and benefits keep the employee's salary and benefits unchanged. >>>More