What should I do if the compensation from the work related injury unit is not enough?

There are three steps in the work-related injury appraisal process, namely work-related injury identification, labor ability appraisal and the treatment and relief that work-related injuries should be enjoyed. The application for recognition of work-related injury may be submitted by the employer, or by the injured employee, his or her immediate family members, or by a trade union organization. Depending on the applicant, the order of application is also different.

The employer shall file a complaint within 30 days from the date of the accident or the date of diagnosis and appraisal of an occupational disease, and in case of special circumstances, it may be appropriately extended with the consent of the labor and social security department. If the employer fails to submit an application for work-related injury recognition in accordance with the above provisions, the injured employee (the Social Security Bureau only accepts two forms of work-related injury certificates, that is, the work-related injury certificate issued by the employer and stamped with the official seal of the employer, or the official work-related injury appraisal report. None of the other certificates have the force of law and will not be accepted by the Social Security Administration.

or their immediate family members or trade union organizations can raise it. However, the time of submission shall not exceed one year from the date of the accident or the date of diagnosis or appraisal of the occupational disease. If you have any questions, you can continue to ask, and I will answer them for you in detail.

The statute of limitations has passed.

According to Article 17 of the Regulations on Work-related Injury Insurance, 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 Control of Occupational Diseases, the unit to which he or she 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.

Legal analysis: 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.

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) Rough judgment of 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 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 the person is dissatisfied with the arbitral award, except as otherwise provided in this Law, he may file a lawsuit with the people's court.