Do I still have to go through any procedures with the company during the work injury?

1. If the employer fails to submit an application for recognition of work-related injury in accordance with the regulations, the employee, his close relatives or trade union organization may directly submit an application for recognition of work-related injury to the district or county human resources and social security bureau where the employer is located within one year from the date of occurrence of the accident injury or the date of diagnosis or appraisal of the occupational disease.

2. Application materials.

2. The original and photocopy of the proof of the existence of labor relationship (including de facto labor relationship) between the employee and the employer;

3. Including the original and photocopy of the initial medical diagnosis certificate or occupational disease diagnosis certificate (or occupational disease diagnosis and appraisal certificate);

4. According to different injury situations, they need to be provided separately.

1) If you are injured by violence or other accidents in the performance of your work duties, submit the supporting materials issued by the public security department or the people's court;

2) If the applicant is injured or his whereabouts are unknown in an accident during the period of work-related absence, the certificate of work-related outing issued by the employer shall be submitted; In the event of an accident, the whereabouts of the accident are unknown, and the proof of the whereabouts of the relevant departments must also be submitted;

3) If it is a traffic accident or an accident involving urban rail transit, passenger ferry, or train, it shall be submitted to the relevant legal documents issued by the traffic management, transportation, railway and other departments of the public security organ or judicial organs;

4) If they are harmed in activities to safeguard national interests or public interests such as emergency rescue and disaster relief, submit the certification materials issued by the relevant departments;

5) If it is an old injury of a demobilized soldier who is disabled due to war or duty injury, submit the certificate of the revolutionary disabled soldier and the diagnosis certificate of the old injury issued by the designated medical institution of the city's work-related injury insurance;

6) If the application is made by entrusting another person, the identity certificate of the entrusted person shall be submitted at the same time;

7) Other supporting materials to be submitted under special circumstances.

There is also a time limit for this work-related injury. This does not necessarily allow you to take a break from injury indefinitely, if you really can't go to school, but you take out the doctor's diagnosis certificate, if not, you only go to work.

At least Baoding Great Wall requires you to go to work during your work-related injury! You don't have to work!! Otherwise, there is no salary, 1 they want others to see how uncomfortable it is to be injured at work, 2 take reality as an example to let workers remember that if you are asked to work, you can not go, let you go to mix up your life can be considered, and it should not be illegal not to go to work and not pay money.

Hello, I have seen your problem here, please wait a minute.

If you have a certificate from a hospital doctor that you do not need to work during the work injury, then you can explain the reason to the relevant leaders of the company.

You can not go! If the company strongly requests it, you can give the sick leave note to the company.

Do you still need to ask if you have a work injury, don't go, go again.

Legal analysis: Since the labor relationship cannot be terminated during the work-related injury period, the employer still needs to pay social insurance, including medical insurance, for the employee. Of course, the part of personal burden related to social insurance will be deducted from the leave of absence pay when the enterprise and the employee deal with the work-related accident in the later stage.

Legal basis: Article 62 of the Regulations on Work-related Injury Insurance If an employer fails to participate in work-related injury insurance in accordance with the provisions of these Regulations, the social insurance administrative department shall order it to participate within a time limit, pay the work-related injury insurance premiums that should be paid, and impose a late fee of 5/10,000 per day from the date of non-payment; If the payment is still not made within the time limit, a fine of between 1 and 3 times the amount of the outstanding payment shall be imposed. If an employee of an employer who is required to participate in work-related injury insurance in accordance with the provisions of these Regulations but does not participate in work-related injury insurance suffers a work-related injury, the employer shall pay the expenses in accordance with the work-related injury insurance benefits and standards stipulated in these Regulations.

After the employer participates in the work-related injury insurance and pays the work-related injury insurance premiums and late fees that should be paid, the work-related injury insurance** and the employer shall pay the newly incurred expenses in accordance with the provisions of these Regulations.

Legal Analysis: Work-related injuries are not borne by the company. Part of the cost of the work-related injury is borne by the work-related injury insurance**. The employer is liable for the part of the law that is required by law.

Legal basis: Regulations on Work-related Injury Insurance

Article 30 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 a medical institution that has signed a 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 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 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**.

Article 33 Where 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 injuries, 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.

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.

Legal analysis: After the employee of the insured unit suffers a work-related injury, the employer also needs to pay a certain amount of compensation to the injured employee in addition to the scope of work-related injury insurance**.

Legal basis: "Social Insurance Law of the People's Republic of China" Article 38 The following expenses incurred due to work-related injuries shall be paid from work-related injury insurance** in accordance with national regulations:

1) Medical expenses and expenses for work-related injuries;

2) Hospitalization meal subsidy;

3) Transportation and accommodation expenses for medical treatment outside the overall planning area;

4) The cost of installing and configuring assistive devices for the disabled;

5) For those who are unable to take care of themselves, the living care expenses confirmed by the Labor Ability Appraisal Committee;

6) A one-time disability allowance and a monthly disability allowance for employees with disabilities of grades 1 to 4;

7) A one-time medical subsidy that should be enjoyed when the labor contract is terminated or terminated;

8) In the case of work-related death, the funeral subsidy, the pension for supporting relatives and the compensation for the work-related death shall be paid by the surviving family;

9) Labor ability appraisal fee.

Legal Analysis: Yes. If you are injured during the company's working hours, it is a work-related injury, and the company needs to be responsible.

Legal basis]:

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) Engaging in work-related preparatory or finishing work in the workplace before or after working hours and being injured by an accident;

3) During working hours and in the workplace, the company is injured by violence or other accidents 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.

In the event of a work-related injury, the report shall be made in accordance with the reporting time and information requirements of the local human resources and social security bureau in a timely manner. Secondly, the work-related injury determination should be handled in a timely manner, and finally the relevant compensation should be made. In the case of work-related accidents:

After an accident occurs, the employee shall promptly handle the work-related injury identification; The following situations are classified as work-related accidents: 1. During working hours and in the workplace, the wandering potato is injured by the accident due to work reasons; 2. Injured in an accident while engaged in work-related preparatory or finishing work in the workplace before or after working hours.

Legal basis]:

Article 6 of the Measures for the Determination of Work-related Injuries shall fill in the Application Form for Determination of Work-related Injuries and submit the following materials: (1) a copy of the text of the labor or employment contract or other supporting materials for the existence of labor relations (including de facto labor relations) and personnel relations with the employer; (2) A post-injury diagnosis certificate or occupational disease diagnosis certificate (or occupational disease diagnosis and appraisal certificate) issued by a medical institution.

Legal analysis: If the injured person intends to continue to work in the company, then the relevant materials will be handed over to the company, and then the company will apply for workers' compensation on behalf of the injured person, and when the injured person leaves the company, he will request the company to receive the work-related injury compensation.

Legal basis: Regulations on Work-related Injury Insurance

Article 21 Where an employee suffers a work-related injury and has a disability that affects his or her ability to work after the injury is relatively stable, an appraisal of his or her ability to work shall be conducted.

Article 22 The appraisal of labor ability refers to the grading appraisal of the degree of labor dysfunction and the degree of self-care impairment. There are 10 levels of disability for labor dysfunction, with the most severe being level 1 and the least being level 10. There are three levels of self-care disorders:

Unable to take care of oneself at all, unable to take care of oneself for most of one's life, and unable to take care of oneself partially. The standards for the appraisal of labor ability shall be formulated by the administrative department of labor and social security in conjunction with the administrative department of health and other departments.