What is the process for workers compensation? What is the workers compensation process?

The procedures for workers' compensation for migrant workers are as follows:

1. Procedures for determining work-related injuries.

It is the first step for an employer or an injured employee or his close relatives or a trade union organization to apply to the social security department for recognition of work-related injury, and the social insurance agency will investigate the work-related injury (death) accident to determine whether it is a work-related injury.

Second-line, work-related injury appraisal procedures.

Work-related injury appraisal refers to the act of assessing the disability level of an employee who applies for work-related injury appraisal on the basis of his or her work-related injury determination (i.e., after going through the procedure for determining the completion of the injury) after the completion of his or her medical treatment or the expiration of the medical treatment period.

3. Negotiate compensation procedures.

After the work-related injury is appraised, the amount of compensation can be calculated according to the appraisal standard, and the employee and the unit can negotiate and deal with it.

IV. Labor Arbitration Procedures.

If the dispute cannot be resolved through negotiation with the employer, the arbitration procedure may be initiated in accordance with the labor arbitration regulations.

5. Court trial procedures.

Those who are dissatisfied with labor arbitration may file a lawsuit with the court for resolution. Those who are dissatisfied with the judgment of the court of first instance may appeal to the court of second instance in accordance with law.

6. Enforcement Procedures.

If the employer fails to pay the compensation fee after the arbitration or judgment takes effect, it may file an application for enforcement with the court enforcement bureau in accordance with the effective legal documents, and the court will enforce it.

VII. Grievance Procedure.

and where they are not satisfied with the effective judgment, they may apply to initiate retrial procedures.

Procedures for Applying for Workers' Compensation.

Legal Analysis: The procedures for workers' compensation are:

1. Work-related injury reporting procedures.

II. Procedures for Determining Work-related Injuries.

3. Procedures for the appraisal of work-related injuries.

4. Negotiate compensation procedures.

5. Labor Arbitration Procedures.

6. Court proceedings.

7. Enforcement Procedures.

8. Grievance Procedure.

Legal basis: Article 17 of 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 area. In case of special circumstances, the time limit for application may be appropriately extended with the consent of the social insurance administrative department.

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. The compensation standards are different from province to province. Depending on the level of disability, the compensation received is not the same. The main compensation is:

Medical expenses, one-time disability allowance, one-time disability employment subsidy, one-time medical subsidy for work-related injuries, wages during the period of leave of absence, food allowance, nursing expenses, etc.

4. If you do not have a labor contract or other evidence to prove the existence of an employment relationship, and cannot apply for a work-related injury determination, you 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.

Procedures for applying for work-related injury compensation: First, the employee's unit shall submit an application for work-related injury recognition to the social insurance administrative department of the coordinating region, and if the unit does not apply, the injured employee, his close relatives and the association organization may submit an application; Completion injuries are then identified; re-appraisal of labor capacity; Finally, specific compensation will be made according to the appraisal level. The main scope of compensation includes medical expenses for work-related injuries, one-time disability allowance, hospital meal allowance, assistive device expenses, living care expenses, etc.

[Legal basis].

Article 36 of the Social Insurance Law provides that if an employee is injured in an accident or suffers from an occupational disease due to work-related reasons, and the work-related injury is identified, he or she shall enjoy work-related injury insurance benefits; Among them, those who lose their ability to work after the appraisal of their ability to work enjoy disability benefits. The determination of work-related injuries and the evaluation of labor ability shall be simple and convenient. Article 61 of the Social Insurance Law provides that if an employee's employer fails to pay work-related injury insurance premiums in accordance with the law, and a work-related accident occurs, the employer shall pay the 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.

We know that workers' compensation is the compensation that is paid after an employee is injured at work, so what is the process of workers' compensation? The procedures for work-related injury compensation are as follows: 1. Work-related injury reporting procedures are only available if the employer has taken out work-related injury insurance for the employee at the work-related injury insurance institution.

The employer shall, within 15 days from the date of the occurrence of the work-related accident or the date of diagnosis of the occupational disease, submit a work-related injury report to the local labor administrative department. 2. Procedures for determining work-related injuries The procedure for determining whether a work-related injury (fatality) accident is a work-related injury by the social insurance agency, which is the first step necessary for general work-related injuries. However, if the employer agrees in writing that it is a work-related injury and does not have work-related injury insurance, it may not go through this procedure.

Pay attention to the two times for the determination of work-related injury: if the employer does not file a work-related injury determination, the injured person must apply to the labor department within one year from the date of the accident. After the investigation and determination of the social security agency, the unit and the injured person shall be notified in writing.

If the appeal procedure is not satisfied with the effective judgment, it may apply for the initiation of the retrial procedure, but this is generally difficult. 3. Work-related injury appraisal proceduresWork-related injury appraisal refers to the act of assessing the disability level of an employee at or above the county level by a labor appraisal committee at or above the county level on the basis of the work-related injury appraisal being recognized as a work-related injury (i.e., after completing the work-related injury identification procedure) and after the completion of his or her medical treatment. In a broad sense, the appraisal of work-related injuries includes the appraisal of working ability and the appraisal of disability level.

In the narrow sense, work-related injury identification refers to the identification of the level of disability. 4. After the appraisal of work-related injuries in the compensation procedure is negotiated, the amount of compensation can be calculated according to the appraisal standard. If the unit has taken out work-related injury insurance, the national work-related injury insurance agency will directly issue work-related injury insurance benefits according to the standards.

If they are not insured (especially at the work-related injury insurance institution), they will negotiate with the employer to settle the matter according to the standards. 5. If the labor arbitration procedure cannot be resolved through negotiation with the employer, the arbitration procedure may be initiated in accordance with the labor arbitration regulations. 6. If the court is dissatisfied with the labor arbitration in the trial procedure, it may file a lawsuit with the court for resolution.

Those who are dissatisfied with the judgment of the court of first instance may appeal to the court of second instance in accordance with law. 7. If the employer fails to pay the compensation fee after the arbitration or judgment takes effect, it may file an application for enforcement with the court enforcement bureau in accordance with the effective legal documents, and the court will enforce it.

[Legal basis].

Article 38 of the 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 lodging 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 subsidy and a monthly disability allowance for disabled employees 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 case of work-related death, the funeral allowance, pension for dependent relatives and work-related death allowance received by the surviving family members;

9) Labor ability appraisal fee.