Labor Injury Dispute Employer Unwilling to Compensate Whether the injured person has the right to ga

In the event of a work-related injury dispute, the employee shall go to the labor dispute mediation and arbitration commission to apply for a ruling in accordance with the law, and it is illegal for the injured person to block the factory.

The procedures for handling work-related injury insurance benefits are as follows: work-related injury identification - labor ability appraisal or occupational disease appraisal - determination of compensation amount - implementation.

The specific process is as follows:

1. Apply for work-related injury recognition.

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 area. 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.

2. Apply for appraisal of labor ability and suspension of work and pay period.

Article 21 of the Regulations on Work-related Injury Insurance If 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, he or she shall be appraised for his or her ability to work.

3. Apply for labor arbitration to determine the amount of compensation.

Article 54 of the Regulations on Work-related Injury Insurance If a dispute arises between an employee and an employer over work-related injury benefits, it shall be handled in accordance with the relevant provisions on the handling of labor disputes.

4. If the employer fails to pay the fees in accordance with the arbitration decision, it shall apply to the court for compulsory enforcement.

Article 51 of the Labor Dispute Mediation and Arbitration Law The parties shall perform the legally effective mediation documents and awards within the prescribed time limit. If one party fails to perform within the time limit, the other party may apply to the people's court for enforcement in accordance with the relevant provisions of the Civil Procedure Law. The people's court accepting the application shall enforce it in accordance with law.

There is no right to block the road, and the labor dispute must go to the labor bureau for arbitration, and if the arbitration fails, you can go to the court to appeal and apply for compulsory enforcement. Blocking the road instead gives the company an excuse for the police to arrest you for disturbing public order.

Legal Analysis: Useful. You can negotiate with the factory first, and if the negotiation fails, you can apply for labor dispute arbitration. If the arbitral award takes legal effect and is not paid, an application shall be made to the people's court for enforcement.

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 the provisions of the State:

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 to be enjoyed when the labor contract is terminated or dissolved;

8) In the event of a work-related death, the funeral allowance, the pension for dependent relatives and the work-related death allowance received by the surviving family members;

9) Labor ability appraisal fee.

Article 39 The following expenses incurred as a result of work-related injuries shall be paid by the employer in accordance with the provisions of the State:

1) Wages and benefits during the work-related injury;

2) The monthly disability allowance received by the disabled employees of the fifth and sixth grades;

3) A one-time disability employment subsidy that shall be enjoyed when the labor contract is terminated or dissolved.

Article 41 Where an employee's employer fails to pay work-related injury insurance premiums in accordance with law, and a work-related injury accident occurs, the employer shall pay work-related injury insurance benefits. If the employer does not pay, it shall be paid in advance from the work-related injury insurance**.

The work-related injury insurance benefits paid in advance from the work-related injury insurance** shall be reimbursed by the employer. If the employer fails to repay, the social insurance agency may recover compensation in accordance with the provisions of Article 63 of this Law.

If the employee is not recognized as a work-related injury, he or she will not be entitled to work-related injury benefits, and the employer will not need to compensate him. If an employee is injured in an accident, the unit to which he belongs shall, within 30 days from the date of the accident injury, submit an application to the labor and social security department for recognition of work-related injury. If the employer does not submit an application for recognition of work-related injury, the injured employee, his or her immediate family members, or the trade union organization may directly apply to the labor and social security department where the employer is located for recognition of work-related injury within one year from the date of occurrence of the accident injury.

If it is not recognized as a work-related injury, the employer does not need to be liable for compensation.

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 area. In case of special circumstances, with the consent of the social insurance administrative department for those who have reported the slag, the time limit for application may be appropriately extended. 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 or her immediate 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 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 the work-related injury benefits provided for in these Regulations during this period.

If the employer does not file a lawsuit and does not perform the effective award within the prescribed practice, the employee may apply to the local court for compulsory enforcement.

Article 98 of the Civil Procedure Law stipulates that the following conditions shall be met when a people's court decides to enforce in advance:

First, the parties make an application. Advance enforcement is a measure taken because of the urgent needs of one of the parties for production and life, and whether it is urgent or not is the most profound experience of the parties. Therefore, only when the parties apply for it, the people's court can rule to enforce it first.

Second, the rights and obligations between the parties are clear, and failure to enforce them first will seriously affect the applicant's livelihood or production and operation. The prior enforcement of a ruling is actually the realization of part of the substantive rights confirmed by future judgments before the judgment is determined. Therefore, the premise of a ruling for prior enforcement must be that the relationship between the rights and obligations of the parties is clear.

"Clear relationship of rights and obligations" means that in a civil legal relationship, it is clear who is the party who enjoys the rights, who is the party who bears the obligations, and what kind of rights and obligations each enjoys. The so-called "serious impact" refers to the fact that it is difficult or even impossible for the applicant to maintain basic production and living needs, and if there is no such impact on the applicant, the measures for prior enforcement cannot be taken.

Third, the respondent has the ability to perform. If the respondent has no possibility of performing its obligations, such as the respondent is about to go bankrupt, or the respondent is penniless and has no valuable property, it cannot be ruled to be executed first.

In addition, if the application for prior enforcement should be submitted to the people's court, and if it is difficult to write the application, the application may be made orally. The people's court shall conduct a review of the party's application for prior enforcement, and find that the ruling meets the conditions and scope of application for prior enforcement, and rejects the application if it does not meet the conditions and scope of application for prior enforcement. If a party is dissatisfied with a ruling on prior enforcement, he or she may not file an appeal, but may apply to the people's court that made the ruling for reconsideration once, and the enforcement of the ruling will not be stopped during the reconsideration period.

If the ruling on prior enforcement is revoked by reconsideration, the reversal shall be enforced and the property that has been enforced shall be returned to the respondent.

After an employee suffers a work-related injury, if the company does not compensate in accordance with the regulations, it can defend its rights in accordance with the following steps: 1. Apply for work-related injury recognition first; 2. The determination of work-related injuries should be made as early as possible. The labor and social security administrative department will make a decision on the determination of work-related injury within 60 days from the date of acceptance of the application for recognition of work-related injuries; 3. Be able to negotiate with both parties; 5. Wu Qin applied for arbitration if the negotiation failed; 6. Filing a lawsuit with the court. ”

If the work-related injury is not compensated in the factory, the employee may apply to the labor arbitration commission at the place where the employer is located or the place where the labor contract is performed. If the employer still refuses to pay after the labor arbitration commission makes an arbitration award, the employee may apply to the court for compulsory enforcement on this basis.

Legal basis. Article 5 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes, if a labor dispute occurs, and the parties are unwilling to negotiate, the agreement cannot be reached, or the settlement agreement is reached and the children do not perform, 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.