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If the coal mine is closed and the work-related injury appraisal is not completed, the employer that develops the coal mine can claim the right to claim work-related injury compensation.
The coal mine was closed, but the employer still existed. As long as the employer whose work-related injury is determined exists, you can claim rights against it after the disability assessment. If the negotiation fails, they may apply for labor arbitration and claim compensation for work-related injuries.
If the employer no longer exists, it can claim rights against the shareholders of the original employer.
Compensation items include: medical expenses, one-time disability subsidy, one-time medical subsidy for work-related injuries, one-time disability employment subsidy, pay for suspension of work, inpatient nursing expenses, assistive devices (prosthetics, prosthetic eyes, wheelchairs, etc.), transportation expenses, hospital meal subsidies, labor ability appraisal fees, disability allowances, etc.
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1. When will I be compensated after the identification of work-related injuries in coal mines?
1. Coal mine work-related injuries are generally compensated after six months after identification. Generally speaking, from the date of application by the unit or individual, the labor department shall review the materials within 15 days, make a determination of work-related injury within 60 days, and deliver it within 20 days, and the online calculation within the prescribed period is 95 days. After the ** injury is stabilized, the appraisal can be done, generally in about 6 months, and the appraisal conclusion is made within 60 days, a total of 240 days.
2. Legal basis: Article 20 of the Regulations on Work-related Injury Insurance.
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 employee'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.
Where a decision on the determination of work-related injuries is to be made on the basis of the conclusion of the judicial organ or the relevant administrative department, the time limit for making the determination of work-related injury shall be suspended during the period when the judicial organ or the relevant administrative department has not yet made a conclusion.
Where the staff of the social insurance administrative department has an interest in the applicant for work-related injury determination, they shall recuse themselves.
2. What will be recognized as a work-related injury?
There are several types of circumstances that are recognized as work-related injuries:
1. If you are injured in an accident during working hours and in the workplace due to work reasons;
2. If you are injured in an accident while engaged in work-related preparatory or finishing work in the workplace before or after working hours;
3. If you are injured by violence or other accidents during working hours and in the workplace due to the performance of work duties.
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The labor ability appraisal committee at the districted city level shall make a labor ability appraisal conclusion within 60 days from the date of receipt of the labor ability appraisal application, and if necessary, the time limit for making a labor ability appraisal conclusion may be extended by 30 days. The conclusion of the labor ability appraisal shall be promptly sent to the units and individuals applying for the appraisal.
If the unit or individual applying for appraisal is not satisfied with the appraisal conclusion made by the labor ability appraisal committee at the districted city level, it may submit an application for re-appraisal to the labor ability appraisal committee of the province, autonomous region or municipality directly under the Central Government within 15 days from the date of receipt of the appraisal conclusion. The labor ability appraisal conclusions made by the labor ability appraisal committees of provinces, autonomous regions and municipalities directly under the Central Government are the final conclusions.
1. When will the work-related injury be determined?
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 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.
In accordance with the provisions of the first paragraph of this Article, the matters that shall be determined by the Zhengmen of the provincial social insurance administration department shall be handled by the social insurance administrative department of the city divided into districts where the employer is located in accordance with the principle of territoriality.
If an employer fails to submit an application for determination of work-related injury within the time limit specified in the first paragraph of this Article, the employer shall bear the relevant expenses such as work-related injury benefits that meet the requirements of these Regulations during this period.
Article 18 The following materials shall be submitted to submit an application for recognition of work-related injury:
1) Application form for determination of work-related injury;
2) Proof of the existence of an employment relationship (including a de facto employment relationship) with the employer;
3) Medical diagnosis certificate or occupational disease diagnosis certificate (or occupational disease diagnosis and appraisal certificate).
The application form for determination of work-related injury shall include basic information such as the time, place, and cause of the accident, as well as the degree of injury of the employee.
Where the materials provided by the applicant for work-related injury determination are incomplete, the social insurance administrative department shall inform the applicant of all the materials that need to be supplemented and corrected in writing at one time. After the applicant requests to supplement and correct the materials in accordance with the written notice, the social insurance administrative department shall accept it.
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Summary. Dear Hello <>
Materials required for work-related injury litigation:1Apply for work-related injury and labor ability appraisal.
2.Submit an arbitration application to the labor arbitration tribunal, submit your ID card, basic information of the company, medical records of hospitalization and outpatient services, medical expenses (if the other party pays the medical expenses, you do not need to submit bills), medical diagnosis certificate, transportation bills, work-related injury certificates, labor ability appraisal conclusions, appraisal fees, and labor dispute arbitration applications. 3.
If the labor arbitration tribunal does not accept the case, you can go to the court to file a lawsuit, and when you file a lawsuit, the labor dispute arbitration application will be changed to a civil complaint, and in addition to the above things, you must also add a notice of non-filing issued by the labor arbitration commission. <>
What should I do if there is a work-related injury in the coal mine, which is set at 9 levels and has no results for 4 years.
Dear Hello <>
In the coal mine, there is no result in the injury of the 9th grade and 4 years, you can file a lawsuit with the court. <>
Dear, hello, dress up as a royal <>
Materials required for work-related injury litigation:1Apply for work-related injury and labor ability assessment and training carefully.
2.Submit an arbitration application to the labor arbitration tribunal, and submit the ID card, basic information of the company, inpatient and outpatient medical records, medical expenses (if the other party pays the medical expenses, then there is no need to submit bills), medical diagnosis certificate, transportation bills, work-related injury certificate, labor ability appraisal conclusion, appraisal fee, and application for arbitration of labor matching disputes. 3.
If the labor arbitration tribunal does not accept the case, you can go to the court to file a lawsuit, and when you file a lawsuit, the labor dispute arbitration application will be changed to a civil complaint, and in addition to the above things, you must also add a notice of non-filing issued by the labor arbitration commission. <>
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If you have a work-related injury in a coal mine, you should submit an application for work-related injury recognition in a timely manner and file a complaint with the labor and social security department or people's court where you are located to protect your rights. The specific operation suggestions are as follows: 1. Filing an application for work-related injury determination:
1.First of all, you need to seek medical attention in time to confirm the injury and issue the corresponding medical certificates; 2.Then, submit an application for work-related injury recognition to the unit where the company is located or the local labor and social security department, and apply for work-related injury identification; 3.
Once your application is approved, you can get the corresponding work-related injury benefits and compensation. 2. Pursue legal proceedings:1
If you are unable to obtain the result of the work-related injury determination, you can file a civil lawsuit with the local people's court; 2.You can hire a lawyer to help you prosecute, and the court will hear and make a judgment; 3.If the judgment concludes that you should receive work-related injury benefits and compensation, the relevant employer may be ordered to pay compensation.
In short, if you believe that you have suffered a work-related injury in a coal mine, you should take corresponding measures as soon as possible, and apply to the relevant departments for work-related injury recognition in a timely manner. In the process of rights protection, you need to actively cooperate with the relevant departments to review and provide necessary supporting materials to prove the fact and extent of your work-related injuries.
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1. Disability appraisal is a disability appraisal made by the Labor Ability Appraisal Committee after a comprehensive assessment of the worker's injury and the extent of the injury, and the general disability appraisal level is 1-10, and all the compensation standards are different for each level; The work-related injury identification shall be carried out first, and the work-related injury appraisal can only be made after the work-related injury is identified;
2. Legal basis: Article 21 of the Regulations on Work-related Injury Insurance 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, an appraisal of his or her ability to work shall be conducted.
Article 22 The appraisal of labor ability refers to the grading appraisal of the degree of labor dysfunction and the degree of self-care impairment.
There are 10 levels of disability for labor dysfunction, with the most severe being level 1 and the least being level 10.
There are three levels of self-care disorders: complete inability to take care of oneself, inability to take care of oneself most of one's life, and partial inability to take care of oneself in life.
The standards for the appraisal of labor ability shall be formulated by the social insurance administrative department in conjunction with the health administrative department and other departments.
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.
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