-
There is no time limit, if the unit deliberately delays and does not pay, you can go to the local labor arbitration institution to apply for arbitration, and if the arbitration result (this is a win-win situation, because there is a labor ability appraisal result), if the unit still does not pay, then go to the court to apply for enforcement.
-
If the employer has paid work-related injury insurance, it can apply to the Human Resources and Social Security Bureau for work-related injury benefits paid by work-related injury insurance**; At the same time, the employer is required to pay the rest of the workers' compensation. If the employer fails to pay, the employer shall pay in full.
If the employer refuses to pay, the employee may apply to the Labor Dispute Arbitration Commission for labor arbitration. The limitation period for applying for labor arbitration is one year, which starts from the date of the conclusion of the labor ability appraisal.
Legal basis: Labor Dispute Mediation and Arbitration Law
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) 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 4 In the event of a labor dispute, the worker may negotiate with the employer, or may ask the trade union or a third party to negotiate with the employer and reach a settlement agreement.
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 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.
-
There is no provision for this per se, so you need to make your own claim.
-
Legal analysis: The validity period of compensation after work-related injury appraisal is one year, and compensation should be applied for within one year, otherwise the statute of limitations will have passed.
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) During working hours and in the place where work is in the morning, due to work reasons, the accident is injured and harmed;
2) Being injured in an accident while engaging in work-related preparatory or finishing work in the workplace before or after working hours;
3) Carrying Rinuchi during working hours and in the workplace, and being injured by violence or other accidents 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 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.
Injured employees are not entitled to medical treatment for work-related injuries and shall be dealt with 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**.
-
The compensation period for the work-related injury appraisal results is generally about 60 days. The parties can negotiate compensation with each other, and if the negotiation fails, they can apply for labor arbitration. Labor arbitration also has a time limit, and the limitation period for applying for labor arbitration is one year.
[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 the accident injury occurring or the date on which he is diagnosed or appraised as 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 Administration Department. Article 20 The social insurance administrative department shall make a decision on the determination of work-related injury within 60 days from the date of acceptance of the application for work-related injury determination, and notify the employee or his close relatives and the worker's unit in writing of the application for work-related injury determination.
The social insurance administrative department shall make a decision on the determination of work-related injury within 15 days of accepting an application for work-related injury determination where the facts are clear and the rights and obligations are clear.
Re-apply for labor ability appraisal and apply for labor dispute arbitration. >>>More
1. After the appraisal results of work-related injuries are obtained, there is a basis for applying for labor arbitration and requiring the employer to pay various work-related injury benefits. >>>More
1。After the certificate of labor ability appraisal results is issued. If there is 15 days to apply for a re-application, is it necessary to re-apply for this re-application? >>>More
What about lost time pay? It is possible to negotiate first, and not to file a complaint with the labor inspection department.
The appraisal and compensation for amputation work-related injuries can only be determined after applying for a disability appraisal to determine the level of disability. >>>More