The work related injury appraisal has been decided, and I don t know how to deal with it now

Calculate the work-related injury benefits according to the appraisal results, and if the work-related injury insurance is purchased, apply to the work-related injury insurance agency for work-related injury insurance benefits.

Legal analysis: After the results of the work-related injury appraisal come down, the amount is calculated according to the results of the appraisal. First of all, for those who apply for work-related injury benefits to the Social Security Bureau, they need to submit some materials such as disability identification, work-related injury certificates, and medical invoices.

Because the expenses and expenses of work-related injuries can be paid from work-related injury insurance according to regulations.

Legal basis: Regulations on Work-related Injury Insurance

Article 14 An employee shall be deemed to have suffered a work-related injury 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) Injured or unaccounted for in an accident while away for work;

6) Injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train for which they are not primarily responsible;

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

Article 30 Employees who are injured in accidents or suffer from occupational diseases due to their work shall enjoy medical treatment for work-related injuries.

Employees who are injured at work shall seek medical treatment in a medical institution that has signed a service agreement, and in case of emergency, they can first go to the nearest medical institution for first aid.

**If the expenses required for work-related injuries meet the requirements of work-related injury insurance diagnosis and treatment items, work-related injury insurance drug lists, and work-related injury insurance hospitalization service standards, they shall be paid from work-related injury insurance**. The catalogue of work-related injury insurance diagnosis and treatment items, the catalogue of work-related injury insurance drugs, and the hospitalization service standards of work-related injury insurance shall be prescribed by the social insurance administrative department in conjunction with the health administrative department, the food and drug supervision and administration department and other departments.

The food subsidy for the hospitalization of the employee for the work-related injury, as well as the transportation, accommodation and accommodation expenses required for the work-related injury employee to seek medical treatment outside the co-ordination area shall be paid from the work-related injury insurance, and the specific standard of payment shall be stipulated by the people of the co-ordination area.

Employees with work-related injuries are not entitled to medical treatment for work-related injuries and are treated in accordance with the basic medical insurance measures.

If the work-related injury employee goes to the medical institution that has signed the service agreement to carry out the work-related injury**, if it meets the requirements, it shall be paid from the work-related injury insurance**.

After the appraisal of work-related injuries, the amount of compensation can be calculated according to the appraisal standards. Workers' compensation includes: medical expenses, wages for the period of leave of absence, hospital meal allowance, nursing expenses, transportation expenses, accommodation expenses, one-time disability allowance, one-time employment and medical allowance, etc.

If the liquid spine is only covered with 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.

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

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.

If the employer does not 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.

Article 38 of the Social Insurance Law of the People's Republic of China The following expenses incurred due to work-related injuries shall be paid from the buried liquid of 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 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.

After the work-related injury certificate is issued, the work-related injury appraisal will be carried out, and the work-related injury treatment and work-related injury compensation will be obtained with the appraisal results. Article 21 of the Regulations on Work-related Injury Insurance stipulates that if an employee suffers a work-related injury and has a residual pants that affects his or her ability to work after the injury is relatively stable, he or she shall be evaluated for his or her ability to work. "Hu Pants.

After the appraisal of labor ability has been carried out and the appraisal results are obtained, the work-related injury insurance benefits that can be enjoyed can be basically determined. If the employee has paid the work-related injury insurance, he or she can apply to the social security department for work-related injury benefits, and the following materials are required to reimburse the medical expenses of the work-related injury: 1

Notice of work-related injury determination and diagnosis certificate; 2.A copy of the injured person's ID card; 3.Copies of outpatient medical records, invoices, prescriptions, and related examination and laboratory documents; 4.

Copies of inpatient medical records, hospitalization certificates, discharge certificates; 5.Discharge expense list, daily macro list, hospitalization charge invoice; 6.Other relevant materials deemed necessary by the handling agency.

If the employer does not pay work-related injury insurance for the employee, it is recommended that the employee first negotiate with the employer on the issue of work-related injury benefits, and if the negotiation fails, the employee can apply for labor arbitration to resolve the issue. After acceptance by the labor dispute arbitration commission, the arbitral award shall be made within 60 days after the constitution of the arbitral tribunal. If the parties are not satisfied with the arbitral award, they can file a lawsuit with the court within 15 days and enter the workers' compensation litigation procedure.

Legal basis: Article 38 of the Social Insurance Law of the People's Republic of China 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 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) When terminating or dissolving the labor contract, they shall enjoy a one-time medical subsidy from Zheng Xiaoxiao; 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.

After the work-related injury appraisal results are issued, if you can apply to the Social Security Bureau for work-related injury benefits, you need to submit the work-related injury certificate, disability appraisal conclusion, medical expense invoice, and other materials.

Article 38 of the Social Insurance Law of the People's Republic of China The following expenses incurred due to work-related injuries shall be paid from the 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 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.

1. Is there a time limit for work-related injury identification?

There is a time limit for the appraisal of the disability level of the work-related injury, and generally the disability appraisal can be done directly after the work-related injury is identified, and if the employer wants to make an administrative reconsideration, the disability appraisal will be temporarily suspended. The disability appraisal has no effect on the worker, because the disability appraisal is based on the medical records of the first admission to the hospital when the worker was injured and the temporary ** situation, generally the earlier the disability appraisal level of the worker is more beneficial, and the more compensation he gets, the law does not stipulate when it must be done, but it must be done within one year after the conclusion of the work-related injury determination takes effect. The specific laws and regulations are as follows:

1. Article 21 of the Regulations on Work-related Injury Insurance stipulates that 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 evaluated for his or her ability to work.

2. The earlier the work-related injury appraisal time, the better, the earlier it is more conducive to applying for work-related injury compensation and saving the application time. Generally, the appraisal time limit is 3 6 months after the accident, and the maximum is not more than 6 months for the benefit of the insured.

3. The time of work-related injury identification is different from the time of work-related injury identification, if you need to know the time regulations for work-related injury identification, please refer to the "Regulations on Work-related Injury Identification Time" for details.

In general, the work-related injury assessment is carried out within one year, while the disability grade assessment is carried out after the patient's condition is stabilized.

Second, the identification of work-related injuries is de-identified.

If the local labor ability appraisal committee identifies that the applicant meets the work-related injury standard, then the applicant can find the work-related injury insurance ** and the employer to compensate, and the specific compensation is determined according to the disability level identified by the work-related injury, and if both parties have objections to the work-related injury appraisal results, then they can also apply for a second appraisal.

Legal analysis: After the work-related injury is determined, the injured employee can enjoy work-related injury benefits in accordance with the law.

Legal basis: Article 38 of the Social Insurance Law of the People's Republic of China 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 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.

Legal analysis: After the work-related injury appraisal results are out, you can bring the appraisal results and the work-related injury certificate to the unit's property department to ask the unit to pay in accordance with the requirements of the "Work-related Injury Insurance Regulations".

Legal basis: Article 34 of the Regulations on Work-related Injury Insurance If an injured employee has been assessed for disability and confirmed by the Labor 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 three different levels: those who are completely unable to take care of themselves, those who are unable to take care of themselves for most of their lives, or those who are unable to take care of their own lives partially, and the standards are respectively % or 30% of the average monthly salary of employees in the overall planning area in the previous year.

Employees injured at work may apply for work-related injury appraisal on their own.

If an injured employee is injured in a work-related accident and has a relatively stable injury, has a disability that affects his or her ability to work, the injured employee can apply for the company's labor ability appraisal by himself. The initial appraisal of labor ability shall be applied to the labor ability appraisal committee of the city divided into districts, and the application form for labor ability appraisal shall be filled in and the following materials shall be submitted:

1. The original and photocopy of the "Decision on Determination of Work-related Injury";

2. Valid diagnosis certificates, examination and inspection reports and other complete medical record materials copied or reproduced in accordance with the relevant provisions of medical record management of medical institutions;

3. The original and photocopy of the worker's resident ID card or social security card and other valid identification certificates;

4. Other materials specified by the Labor Ability Appraisal Committee.

The office of the Labor Ability Appraisal Committee is generally set up in the Human Resources and Social Security Bureau at the same level, and after the application for work-related injury recognition is accepted, wait for the notice of the Labor Appraisal Committee, and bring relevant materials to participate in the appraisal according to the arranged time and place.

Regulations on Work-related Injury Insurance

Article 23 The employer, the injured employee or his close relatives shall submit an application to the labor ability appraisal committee at the districted city level for the appraisal of labor ability, and provide relevant materials on the determination of work-related injury and the medical treatment of the work-related injury.

Ministry of Human Resources and Social Security, National Health and Family Planning Commission.

Measures for the Administration of Labor Ability Appraisal of Employees Injured at Work".

Article 5 The Labor Ability Appraisal Committee of the city divided into districts shall be responsible for the initial appraisal and review appraisal of the labor capacity within its jurisdiction.

The labor ability appraisal committees of provinces, autonomous regions, and municipalities directly under the Central Government are responsible for re-appraisals submitted by those who are dissatisfied with the initial appraisal or the re-examination appraisal conclusions.

Article 11 The Labor Ability Appraisal Committee shall notify the injured employee in advance of the time and place of the appraisal and the materials to be carried. Employees injured at work shall participate in on-site appraisals in accordance with the time and place notified. For employees who are injured at work and have difficulty moving, the labor ability appraisal committee may organize experts to conduct labor ability appraisal at home.

The staff who organizes the appraisal of labor ability shall verify the identity of the injured worker.

If an injured employee is unable to participate in the appraisal on time for any reason, the time for the on-site appraisal may be adjusted with the consent of the Labor Ability Appraisal Committee, and the time limit for making the conclusion of the labor ability appraisal shall be extended accordingly.