Work related injuries Legal issues? Workers Compensation Legal Issues

The company shall compensate for the relevant expenses during the medical treatment period in accordance with the work-related injury standard, and if the company sells work-related injury insurance, it will be compensated by social security, and if not, it will be compensated by the company. It is recommended to entrust a lawyer for specific operations.

If there is any, the medical expenses can be reimbursed by the Social Security Bureau, if not, you can only find the company, it is recommended to apply for work-related injury identification in the labor ability appraisal, please consult ** for details.

Zongheng Legal Network-Guangdong Lutai Law Firm-Tang Xiaohua lawyer.

1. If it is a work-related injury, you can apply for work-related injury recognition.

2. The company will bear the medical expenses, and your salary and benefits will remain unchanged during the suspension period.

3. The labor department where the company is located applies for work-related injury recognition.

Legal Analysis: Work-related injury compensation shall be compensated in accordance with the provisions of the Regulations on Work-related Injury Insurance. The standard of one-time medical subsidy for work-related injuries is 14 months for grade 5 disability and 12 months for grade 6 disability.

For other workers suffering from occupational diseases and requiring long-term **, 6 months will be added on the basis of the above criteria.

Legal basis: Regulations on Work-related Injury Insurance Article 34 If an injured employee has been assessed for disability and is confirmed by the Labor Judgment Ability Appraisal Committee to be in need of life care, he or she shall pay a monthly living care fee from the work-related injury insurance**.

The living care expenses are paid according to the three different levels of living without bridge, being able to take care of themselves at all, not being able to take care of themselves for most of their lives, or not being able to take care of themselves partially, and the standards are respectively % or 30% of the average monthly wages of employees in the overall planning area in the previous year.

That is true; You don't have to hire a lawyer. According to the relevant regulations, the unit must first apply to the work-related injury insurance management department for work-related injury identification, and if the unit does not apply within one month, the injured person's family has the right to apply on behalf of the injured person, and if it is recognized as a work-related injury, a work-related injury certificate will be issued. Then apply to the Labor Bureau for work-related injury grade identification.

Your situation should be a work-related injury level 9, and the treatment is as follows: 1. During the recuperation period, the unit shall pay the full amount and cannot terminate the labor relationship. 2. The full amount of medical expenses will be reimbursed by the unit or work-related injury insurance (except for Class C drugs).

3. The work-related injury insurance or the employer will pay you a disability allowance (nine months' salary). 4. After the injury is recovered (no more than one year, if it is more than one year, a doctor's certificate is required), if the employer terminates the labor relationship with you, in addition to compensation according to law, it will also pay you a one-time unemployment compensation (12 months of my own salary), and a one-time medical subsidy (8 months of average salary) will be paid to you by the work-related injury insurance or the unit.

First, you have to apply to the Human Resources and Social Security Bureau for work-related injury identification, second, after the work-related injury is identified, after the injury is stabilized, go to the municipal labor disability appraisal department to apply for the appraisal of the disability level of labor ability, and third, after the appraisal of the disability level of the working ability, you can apply to the labor dispute arbitration commission where the unit is located for arbitration of work-related injury compensation benefits, when applying for arbitration, you need to submit an application, a copy of your ID card, a certificate of work-related injury, the appraisal of the disability level of your working ability, and a labor contract. Medical records and proof of payment of medical bills.

The above is your own process for workers' compensation compensation, and whether or not you want to hire a lawyer depends on your own financial resources.

Is there insurance? It stands to reason that you can make a claim based on work-related injury insurance, but there is no accident insurance? You look at asking a lawyer online, the fee is not high, it can also answer you, and you can apply for legal aid if necessary.

A lawyer is not required, but it is necessary. Some legal common sense, clauses, ordinary people may not be clear, lawyers can use the details of the law to protect your greatest rights and interests! Of course, there are also a lot of legal fees, regardless of whether you can win the case or not.

You can also defend yourself without having to hire a lawyer. But you have to clearly state the reason for your lawsuit and the rights you want to obtain! If the boss refuses to be responsible, no claim will be made.

You don't need to hire a lawyer, you first go to a work-related injury appraisal agency to determine the level of work-related injury and disability, and then go to find legal aid and labor arbitration, go through the legal process, if not, go to the court.

First of all, if an employee has a safety accident in the dormitory, the boss needs to be held accountable no matter what.

Since it does not occur at the place of work during working hours, the responsibility is not great. For the reason of wrestling, it also depends on whether it is due to personal negligence or the condition of the dormitory.

Keep the relevant evidence and the medical expense vouchers that have been issued. In this way, even if you end up suing in court, when the court decides that you need to pay a certain amount of medical expenses, you can deduct the medical expenses you have already paid.

Article 14 of the Regulations on Work-related Injury Insurance stipulates that an employee shall be deemed to have suffered a work-related injury if he or she falls 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) Being injured in an accident while engaging in work-related preparatory or finishing work in the workplace before or after working hours.

3) Injured by violence or other accidents during working hours and in the workplace due to the performance of work duties.

4) Suffering from occupational diseases.

5) During the period of going out for work, the whereabouts of the injury or accident due to work reasons are unknown.

6) An accident may also be deemed to be a work-related injury if an employee commutes to and from work on a reasonable route between the place of work and the place of residence of his or her spouse, parents or children within a reasonable time. Those who are injured in traffic accidents or accidents involving urban rail transit, passenger ferries, or trains for which they are not primarily responsible. (The Supreme People's Court's Judicial Interpretation on the Determination of Work-related Injuries (effective as of September 1, 2014) ["Commuting to and from work" refers to a personal injury accident that occurs during the necessary time between the residence and the work area.

For those who are injured in motor vehicle accidents, the question of illegal driving should also be added, which is generally the majority of driving two-wheeled motorcycles, and for illegal driving (driving without a license), if it reaches the level of traffic accidents, the work-related injury will not be recognized.

7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.

This is a catch-all clause in the law, which stipulates that due to the complexity and uncertainty of work-related accidents, which not only require the normative and mandatory provisions of special laws and administrative regulations, but also need to be adjusted accordingly by other laws and regulations, other circumstances that are stipulated by laws and administrative regulations as work-related injuries shall also be included in the scope of work-related injuries adjusted by these Regulations.

Article 15 of the Regulations on Work-related Injury Insurance stipulates that an employee shall be deemed to have suffered a work-related injury if he or she falls under any of the following circumstances:

1) Death from a sudden illness during working hours and at work, or death within 48 hours after rescue efforts failed.

2) Harmed in the course of emergency rescue and disaster relief or other activities to preserve the national interest or the public interest.

3) The employee was originally serving in the army, but was disabled due to war or work, and has obtained a disabled military certificate, and was injured after arriving at the employer.

Article 16 of the Regulations on Work-related Injury Insurance stipulates that an employee shall not be recognized as a work-related injury or treated as a work-related injury if he or she falls under any of the following circumstances:

1) Intentional crime;

2) Drunkenness causes **;

3) Self-harm or suicide.

1. Labor Law, Labor Contract Law, Social Insurance Law, and Regulations on Work-related Injury Insurance.

Labor Law, Labor Contract Law, etc.

If the labor relationship can be determined, you should apply for work-related injury identification and labor ability appraisal as soon as possible, and then apply for labor arbitration as soon as possible according to the appraisal results, and request the employer to compensate for work-related injuries as soon as possible, because the statute of limitations is only 1 year, and the law does not support it if the statute of limitations is exceeded.

Compensation items for disability caused by work-related injuries: medical expenses, food allowance during hospitalization, living care expenses, wages during work-related injuries, transportation and accommodation expenses, assistive device expenses, one-time disability allowance, disability allowance, one-time medical subsidy for work-related injuries, one-time disability employment subsidy, etc.

If the labor relationship cannot be determined, you can go to the judicial appraisal agency for the disability level appraisal, and the injured person needs to bring a copy of the ID card, medical records, **, etc.

Then, according to the appraisal results, file a lawsuit with the court as soon as possible to claim compensation for personal injury, because the statute of limitations is only 1 year, and the law does not support it after the statute of limitations.

Personal injury compensation includes medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, necessary nutrition expenses, and if the victim is disabled due to injury, it is also necessary to increase disability compensation, disability assistive device expenses, as well as necessary expenses, nursing expenses, and follow-up expenses actually incurred due to nursing care and continuation.

1.First of all, it is necessary to apply to the local labor department for work-related injury identification, which is very critical and the premise of all problems, if you do not apply for work-related injury identification, everything is in vain, if the unit does not apply, the individual employee must apply within one year from the date of injury;

2.If the injury is determined to be work-related injury, after obtaining the work-related injury determination decision issued by the labor department, the medical expenses shall be paid in full by the employer, and the wages during the period of suspension of work (work-related injury ** and ** period) shall be paid according to the original treatment;

3.After the injury is stabilized, you can apply for a labor ability appraisal to determine the level of work-related injury, and then claim disability compensation from the employer according to the level of disability;

4.If the employer does not admit the existence of an employment relationship with the injured person, it should pay attention to collecting relevant evidence that can prove the employment relationship, such as salary cards, pay stubs, time cards, temporary residence permits, and all other materials that can prove the employment relationship, before applying for work-related injury determination. These evidentiary materials can be written evidence, witness testimony, audio evidence, physical evidence, electronic evidence, etc.

5.If the employer does not fulfill the above obligations, it can go to the local labor inspection brigade to complain or directly go to the labor arbitration commission to apply for arbitration to protect their legitimate rights and interests, if there is anything you don't understand, you can directly call 12333 to consult the local labor department!

If it is a work-related injury, the protection of rights and interests should first apply for work-related injury recognition, and then the procedure can be followed.

Zongheng Legal Network-Hebei Hengtai Law Firm-Zhang Zhongzhi lawyer.

It is recommended to collect evidence such as labor relations, first report the work-related injury determination, then do the disability appraisal, and finally initiate labor arbitration if the negotiation fails.

The first thing you have to do is to collect the proof of the labor relationship between your father and the company, and then bring the ** information to the labor bureau to apply for a work-related injury determination, which is the most important. Only when the work-related injury is recognized can the compensation be guaranteed in the future. When your dad's injury is stable, you will go to the disability assessment and calculate the work-related injury compensation according to the disability level.

Traveling from work should not be considered a work-related injury. Unless you're off duty to help the hotel with things. But since it was a car accident, the perpetrator had to pay compensation. It is recommended not to take the road of workers' compensation and find the perpetrator to be responsible for tort liability.

No labor contract was signed, but a de facto labor relationship was formed.

In accordance with the provisions of Articles 17 and 21 of the Regulations on Work-related Injury Insurance, they can apply for work-related injury recognition and labor ability appraisal, and finally enjoy the corresponding work-related injury benefits according to the identification and appraisal results.

If there is no labor contract, the work-related injury benefits will be borne by the hotel.

The right to demand compensation for personal injuries from the perpetrator.

1.If the traffic accident liability certificate issued by the traffic police department determines that the accident is not your primary responsibility (you are secondarily responsible or equally responsible), you can determine that your injury is a work-related injury according to the provisions of Article 14, Paragraph 6 of the Regulations on Work-related Injury Insurance, "If you are injured by a traffic accident or an urban rail transit, passenger ferry, or train accident that is not your primary responsibility on the way to and from work"!

2.If you do not apply for a work-related injury determination, you must apply within one year from the date of injury;

3.If the injury is determined to be work-related injury, after obtaining the work-related injury determination decision issued by the labor department, the medical expenses shall be paid in full by the employer, and the wages during the work-related injury shall be paid according to the original treatment;

4.After the injury is stabilized, you can apply for a labor ability appraisal to determine the level of work-related injury, and then claim disability compensation from the employer according to the level of disability;

5.If the employer does not fulfill the above obligations, you can go to the local labor inspection brigade to complain or directly go to the labor arbitration commission to submit an arbitration application to protect your legitimate rights and interests, if you don't understand, you can call 12333 to consult the local labor department!

Hello: Accidental injuries at work and from work belong to the scope of work-related injuries, and you need to explain to the person in charge of the company as soon as possible, and if necessary, you also need witnesses to prove the time and place of your injury.

If the injury is serious, the family can first go to the labor bureau to understand the work-related injury identification procedures.

If the company is responsible for the work-related injury, but you do not explain how you were injured, if it is hit, the person who hit is responsible, and the company also bears some responsibility.

I can claim compensation.

But in some places, you can only get one compensation.