What if the money is unreasonable for work related injuries, and what should I do if the work relate

It is recommended to negotiate with the employer, which is not successful, collect evidence and materials to apply to the labor dispute arbitration commission for arbitration.

In accordance with the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes

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 3 In resolving labor disputes, the lawful rights and interests of the parties shall be protected in accordance with the lawfulness, fairness, timeliness and emphasis on mediation in accordance with the facts and in accordance with the law.

Article 4 In the event of a labor dispute, the worker may negotiate with the employer, or may ask the trade union or a third party to negotiate with the employer and reach a settlement agreement.

Article 5 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.

3 options. First, mutual consultation. 2. Labor arbitration. Third, through legal means.

1) The worker can negotiate with the employer, and if the agreement is reached, the work-related injury wage payment agreement can be signed;

2) Workers can apply to the people's court for a payment order, and submit the application form, relevant evidence and other materials when applying;

3) The worker can report to the labor and social security administrative department, and the labor and social security administrative department will intervene in the investigation;

4) The worker can apply to the labor arbitration institution for labor arbitration and request the employer to pay wages.

What is the process of handling a work-related injury?

1. Apply for work-related injury recognition; The determination of work-related injury is to determine whether the accident injury that occurred is considered a work-related injury. It can only be determined by the social insurance administrative department, and generally by the local human resources and social security administrations, and other organs have no right to make a determination of whether it is a work-related injury.

Note: When applying for work-related injury determination, it is necessary to submit a certificate of labor relationship, and if it cannot be provided, it is necessary to determine the labor relationship through labor arbitration and civil litigation first.

2. Labor ability appraisal; For those with disabilities, it is necessary to conduct a labor ability appraisal to determine the level of disability, and then determine the work-related injury compensation items and compensation standards.

3. Labor arbitration; For those who cannot resolve the above-mentioned work-related injury treatment disputes through negotiation, the injured employee needs to apply for labor arbitration first, and the labor dispute arbitration commission will make a ruling through the ** trial.

4. Civil litigation; Those who are dissatisfied with the ruling of the labor arbitration commission may file a civil lawsuit within 15 days from the day after receiving the award, and the people's court shall make a civil judgment on the work-related injury insurance benefits of the lawsuit.

Legal basis: Article 9 of the Law on Mediation and Arbitration of Labor Disputes: If a labor inspection employer violates state regulations by defaulting on or failing to pay labor remuneration in full, or in arrears of medical expenses, economic compensation or compensation for work-related injuries, the worker may file a complaint with the labor administrative department, which shall deal with it in accordance with the law.

Under normal circumstances, the person concerned may file a complaint with the labor inspection department or apply to the labor arbitration commission for arbitration.

If the competent labor administrative department still fails to pay after urging it, it constitutes the crime of refusing to pay labor remuneration. If it is found that wages are not paid in arrears, it can be resolved through the following ways:

1. Negotiate and settle;

2. If the negotiation fails, complain to the labor inspection brigade;

3. Apply to the Labor and Personnel Dispute Arbitration Court for labor arbitration;

4. If the applicant is not satisfied with the arbitration, he or she may file a lawsuit with the court.

When applying for the recognition of work-related injuries, applying for labor ability appraisal, negotiating with the employer or filing labor arbitration, it is important to remember that the determination of work-related injuries is the first step in work-related injury compensation. Finally, for the compensation of work-related injury cases, the determination of work-related injury is only the first step, and the subsequent compensation amount also needs to be linked to the person's disability level, age, and salary income, and the compensation items include one-time disability subsidy, one-time disability employment subsidy, one-time work-related injury medical subsidy, etc.

Legal basis

Labor Law of the People's Republic of China

Article 79 After the occurrence of a labor dispute, the parties may apply to the labor dispute mediation committee of the unit for mediation; If mediation fails, and one of the parties requests arbitration, it may apply to the labor dispute arbitration commission for arbitration. One of the parties may also apply directly to the Labor Dispute Arbitration Commission for arbitration. If the applicant is dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court.

Article 17 The labor contract shall have the following clauses:

1) The name, address, and legal representative or principal responsible person of the employer;

2) The worker's name, address, and resident ID card or other valid identification number;

3) The term of the labor contract;

4) The content of the work and the place of work;

5) Working hours, rest and vacation;

6) Labor remuneration;

7) Social insurance;

8) Labor protection, working conditions and protection against occupational hazards;

9) Other matters that shall be included in the labor contract as stipulated by laws and regulations.

In addition to the necessary clauses stipulated in the preceding paragraph, the employer and the employee may agree on other matters such as probationary period, training, confidentiality, supplementary insurance and welfare benefits. Article 18 Where the labor contract is not clear on the standards of labor remuneration and working conditions, and disputes arise, the employer and the worker may renegotiate; If the negotiation fails, the provisions of the collective contract shall apply; If there is no collective contract or the collective contract does not stipulate labor remuneration, equal pay for equal work shall be implemented; Where there is no collective contract or the collective contract does not stipulate standards such as working conditions, the relevant provisions of the state shall apply.

1. If the compensation for work-related injuries is unreasonable, you can apply for labor arbitration. However, if you are not satisfied with the result of the Labor Nakahashi Model Ruling, you can file a lawsuit with the court. 2. The Labor Arbitration Law stipulates that the following labor disputes between employers and employees within the territory of the People's Republic of China shall be governed by this Law:

1. Disputes arising from the confirmation of labor relations; 2. Disputes arising from labor remuneration, work-related injury medical expenses, economic compensation or compensation, etc.

Analysis of the side rules of the law: if the compensation for work-related injuries is unreasonable, you can apply for labor arbitration.

Legal basis: Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes 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 dismissal, 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 determined by laws and regulations.

Work-related injury insurance**If the compensation for work-related accidents is unreasonable, the worker may apply for administrative reconsideration or file an administrative lawsuit; If the compensation for work-related accidents is unreasonable by the employer, the worker may first negotiate with the employer, and if the negotiation fails, apply to the mediation organization for mediation, and if the mediation fails, apply to the Labor Dispute Arbitration Commission for arbitration, and if the employee is dissatisfied with the arbitration award, he may file a lawsuit with the people's court.

Legal basisArticle 5 of the Law on Mediation and Arbitration of Labor Disputes.

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.