How to get compensation after the work related injury appraisal results come out

1. If the two parties negotiate and settle the matter, they can request the employer to pay the work-related injury benefits after negotiation, and then they can get it quickly;

2. If the negotiation fails, the employer refuses to pay the work-related injury benefits. If it is fast, it will take months, and if it is slow, it may delay by more than 2 years.

If the employer refuses to pay the work-related injury benefits, the employee needs to follow the following steps:

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.; Generally, the work-related injury determination is made within 60 days;

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 the injured employee does not have a labor contract or other evidence proving the existence of an employment relationship and is unable to apply for a determination of work-related injury, he or she may first apply for labor arbitration to confirm the existence of an employment relationship between the injured employee and the employer. After the existence of an employment relationship is confirmed by labor arbitration, an application for work-related injury determination is made.

The employer has paid work-related injury insurance and applied 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.

After the work-related injury certificate and work-related injury appraisal level are made, if you have participated in work-related injury insurance, you can apply directly to the work-related injury insurance department of the Social Security Bureau, and the approval time is about 30 working days; If you do not participate in work-related injury insurance, you must apply to the labor dispute arbitration commission for labor arbitration, commonly known as a labor lawsuit, which is generally 45 days after the case is filed.

After the work-related injury is appraised, the amount of compensation can be calculated according to the appraisal standard. Work-related injury compensation includes: medical expenses, wages during the period of suspension of work, hospital meal allowance, nursing expenses, transportation expenses, accommodation expenses, one-time disability allowance, one-time employment and medical subsidies, etc.

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 there is no insurance (especially at the work-related injury insurance institution), the employer shall bear the responsibility.

[Legal basis].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 Treatment of Occupational Diseases, the employer shall submit an application for recognition of work-related injury to the labor and social security administrative department of the coordinating area within 30 days from the date of occurrence of the accident injury or the date of diagnosis or appraisal of occupational disease. In case of special circumstances, it shall be reported to the labor and social security administrative department for work-related injury appraisal procedures.

After the work-related injury appraisal, if the social security administrative department issues a work-related injury determination decision, the employer and the employee can apply to the social security agency for compensation with the decision, the business license of the employer, the employee's identity certificate, the payment receipt of hospitalization** and other materials; After being approved by the social security agency, the work-related injury compensation will be paid according to the prescribed standard.

[Legal basis].

Article 5 of the Measures for the Determination of Work-related Injuries.

If the employer fails to submit an application for recognition of work-related injury within the prescribed time limit, the injured employee, his close relatives or trade union organizations 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 in accordance with Article 4 of these Measures.

Article 18. The social insurance administrative department shall, within 60 days from the date of accepting the application for recognition of work-related injury, make a decision on the determination of work-related injury, and issue a Decision on Determination of Work-related Injury or a Decision on Non-recognition of Work-related Injury.

Article 41 of the Social Insurance Law of the People's Republic of China.

If the employer to which the employee works 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.

1. After the work-related injury appraisal, if the employer has purchased work-related injury insurance, it can apply to the social insurance department for compensation with the work-related injury determination decision, labor ability appraisal conclusion and other materials.

2. Article 30 of the Regulations of the People's Republic of China on Work-related Injury Insurance, 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**.

3. Article 40 Disability allowances, pensions for dependent relatives, and living care expenses shall be adjusted by the social insurance administrative departments of the coordinating areas in a timely manner according to changes in the average wages and living expenses of employees. The adjustment measures shall be formulated by the people of provinces, autonomous regions, and municipalities directly under the Central Government.

You can apply directly to the labor and social security department for work-related injury compensationThe employee shall pay the treatment within 60 days after submitting the work-related injury benefit review.

Workers' compensation includes the payment of ** by the work-related injury insurance**, ** expenses, living expenses during hospitalization, as well as a one-time disability allowance for disability and the corresponding level of allowance. The employer pays the employee's wages during the period of work-related injury, as well as a one-time employment subsidy for disability, and the one-time medical subsidy is determined to be paid according to local regulations.

If the employer fails to open an account for the worker's work-related injury insurance, all the compensation involved shall be borne by the employer; If the employer has registered for the work-related injury insurance for the employee but has not paid the insurance premium, and the employee can make up the payment in time after the work-related injury, the relevant expenses shall be borne by the social security and the company through negotiation.