What should I do next if I am injured while working in a factory and is recognized as a work related

If you are injured while working in a factory, if it has been recognized as a work-related injury by the Labor Bureau, then the next step is to apply for a work-related injury certificate, and then take the work-related injury insurance, and the factory will also pay you a certain amount. At the same time, during the period of work-related injury, the factory is obliged to pay you basic salary and living expenses.

If the Labor Bureau determines that you are injured at work, then you must keep the relevant evidence and negotiate with the unit, and if the negotiation fails, you can go to the labor arbitration institution for arbitration. If the employer still does not fulfill its obligations, then you can go to the court to sue the employer to protect your legitimate rights and interests.

Take the appraisal results to the factory for compensation or find a lawyer to sue for compensation in court.

You can go to the labor bureau to respond, or you can call the police directly, the key is that you need evidence, as long as there is evidence to prove that you are injured at work, it is considered a work-related injury.

If you have been identified as a work-related injury and are now in stable condition, you will apply for a disability level appraisal and compensate you according to the disability level.

Go to the employer where you work for reimbursement, and if you don't, take the work-related injury appraisal from the Labor Bureau to the court and sue the employer where you were injured.

Combined with the provisions of the Measures for the Determination of Work-related Injuries, if an employee has an accident during working hours and within the scope of work, he or she may apply to the local labor administrative department, generally the local human resources and social security bureau, for work-related injury determination. Among them, if the employer applies for a work-related injury determination, it needs to do so within 30 days after the accident occurs; If the injured employee applies for a designation, the application must be made within one year after the accident.

1. The injured employee shall be recognized as a work-related injury

In case of work-related injury, the applicant shall apply to the local labor administrative department (generally the Human Resources and Social Security Bureau) for work-related injury recognition, and the labor administrative department shall review the relevant materials provided by the applicant and make the determination in accordance with the relevant provisions of China's "Regulations on Work-related Injury Insurance". At present, there are administrative service centers in various places, and there are also labor injury windows in them to facilitate the application of work-related injuries. The employer may, within 30 days from the date of occurrence of the accident injury or the date of diagnosis or appraisal of an occupational disease, or within one year from the date of occurrence of the work-related injury, the injured person's immediate family members, or the trade union organization within one year from the date of occurrence of the work-related injury or the date of diagnosis or appraisal of the occupational disease, to the labor administrative department where the employer is located.

2. Statutory circumstances that shall be recognized as work-related injuries

According to the relevant provisions of China's "Regulations on Work-related Injury Insurance", there are two main types of work-related injuries identified as "".

1.Recognized as a work-related injury:

In any of the following circumstances, it shall be found to be a work-related injury:

1) 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 person is injured due to work reasons or the whereabouts of the accident are unknown;

6) Being injured in a motor vehicle accident on the way to and from work;

7) Other circumstances that shall be recognized as work-related injuries as provided by laws and administrative regulations. (For details, see Article 14 of the Regulations on Work-related Injury Insurance).

2.Deemed to be a work-related injury

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

1) Died of sudden illness during working hours and at work, or died within 48 hours after rescue efforts failed;

2) Suffering harm in emergency rescue and disaster relief and other activities to safeguard national interests or public interests;

3) Employees who originally served in the army, were disabled due to war or duty injuries, and have obtained the certificate of revolutionary disabled soldiers, and were injured after arriving at the employer.

Many people think that to determine a work-related injury, just find a medical institution. In fact, this is not the case, because the identification of work-related injuries is a professional activity, medical institutions can only ** the injury, at most, it is to determine the level of injury, but it cannot determine whether the injured employee is a work-related injury. Because, China stipulates that when applying for work-related injury recognition, it is generally to go to the labor and social security administrative department of the overall region, that is, the human resources and social security bureau that we are familiar with.

1) Died of sudden illness during working hours and at work, or died within 48 hours after rescue efforts failed; 2) Suffering harm in emergency rescue and disaster relief and other activities to safeguard national interests or public interests; 3) Employees who originally served in the army, were disabled due to war or duty injuries, and have obtained the certificate of revolutionary disabled soldiers, and were injured after arriving at the employer. (Note: Employees who have the circumstances described in the preceding paragraph shall enjoy work-related injury insurance benefits in accordance with the relevant provisions of these Regulations; If an employee has any of the circumstances mentioned in item 3 of the preceding paragraph, he or she shall enjoy work-related injury insurance benefits other than a one-time disability subsidy in accordance with the relevant provisions of the Regulations on Work-related Injury Insurance.

Circumstances that must not be recognized as work-related injuries or treated as work-related injuries: 1. Intentional crimes; 2. Drunk or addicted to drugs; 3. Self-harm or suicide. Fourth, other work-related injuries in the town bridge:

1. The employee is injured during working hours and in the workplace, and the employer or the social insurance administrative department has no evidence to prove that it is caused by non-work reasons; 2. Employees are injured by participating in activities organized by the employer or assigned by the employer to participate in activities organized by other units; 3. During working hours, employees are injured due to work-related injuries in reasonable areas between multiple workplaces related to their job duties; 4. Other injuries related to the performance of work duties during working hours and within a reasonable area.

After the work-related injury is identified, you can follow the steps below to apply for work-related injury benefits:

1.Apply for reimbursement of medical expenses. You can bring your medical insurance card, work-related injury appraisal and other relevant documents to the social security department of human resources and resources to apply for reimbursement of medical expenses. The medical expenses reimbursed include hospitalization** fees, outpatient examinations, medicines and other related expenses.

2.Apply for a one-time metrical disability benefit. The one-time disability pension refers to the one-time financial compensation given to the insured in accordance with the relevant standards of the appraised disability level or death caused by a work-related accident.

3.Apply for Disability Allowance. Disability allowance refers to the monthly living allowance given in accordance with national regulations after the expiration of the period of recuperation and recuperation.

4.Apply for a subsidy for hospital meal expenses. If you are hospitalized due to a work-related injury**, you can apply for a hospital meal allowance and go to the human resources and social security department to apply.

Generally speaking, to apply for work-related injury benefits, you need to provide relevant documents such as work-related injury certificates, ID cards, and medical expense bills. The application process may vary depending on the region, so it is recommended to consult with the local social security department or on-site consultation.

After the work-related injury is identified, you should go to the Municipal Labor Ability Appraisal Committee to apply for disability appraisal (labor ability appraisal), and after the conclusion of the labor ability appraisal, you can apply for work-related injury insurance benefits (Wang Jiao limb compensation) in accordance with the law. Troubled times.

The company determines that the work-related injury has no legal effect, unless the company does not help you pay the work-related injury insurance, and all work-related injury benefits are borne by the company. The identification of work-related injuries must be carried out by the human resources and social security departments, that is, the original labor bureau or social security bureau, and after their identification, there is a written certificate of work-related injury identification, which is the basis for the assessment of work-related injury disability level and the enjoyment of work-related injury insurance benefits in the future. Therefore, not only do you have to go to the Social Security Bureau to make a work-related injury determination, but also to set up a city-level labor ability appraisal committee to assess the work-related injury level after the end of the first year, so that your work-related injury insurance benefits can be implemented in accordance with the law, even if there are any entanglements, you can also remedy it by means of labor arbitration.

In terms of time, we should pay attention to two nodes, one is that the unit applies to the Social Security Bureau for a work-related injury determination, and within one month of the accident, more than one month, you or your family members must submit a work-related injury determination to the Social Security Bureau within one year of the accident. It will be very troublesome if the time limit is exceeded, and you will not even get the benefits of work-related injury insurance.

If the company has identified it as a work-related injury, it should first be handled according to the work-related injury treatment, and after the end of the first period, if the disability is left, the disability level will be assessed by the labor department.

If the time limit for work-related injury identification and identification is exceeded, the company will not give you work-related injury benefits, and you will be miserable. Therefore, it is necessary for the enterprise to go through the work-related injury identification and appraisal procedures with the Labor Bureau, and it is most secure to get the relevant certificate in your own hands.

Of course, this is only grasped, although it has been determined that it is a work injury, but there must be a standard, anyway, I suggest that you are still safe!

Good luck!

An application shall be made to the local human resources and social security bureau for a determination of work-related injury.

The determination of work-related injury is an administrative confirmation act by the social insurance administrative department in accordance with the authorization of the law to determine whether an employee's injury (or occupational disease) due to an accident is a work-related injury or is regarded as a work-related injury.

According to Articles 17 and 18 of the Regulations on Work-related Injury Insurance, and Articles 4, 5 and 6 of the Measures for the Determination of Work-related Injuries of the Ministry of Human Resources and Social Security, if an employee is injured in an accident, the unit shall submit an application for work-related injury recognition to the regional human resources and social security bureau within 30 days from the date of the accident.

If the employer fails to submit an application for work-related injury determination within the prescribed time limit, the injured employee, his close relatives or trade union organizations may directly submit an application for work-related injury determination in accordance with Article 4 of these Measures within one year from the date of occurrence of the accident injury.

To apply for work-related injury determination, the applicant shall fill in the Application Form for Work-related Injury Determination and submit: a copy of the text of the labor or employment contract or other supporting materials for the existence of labor relations (including de facto labor relations) and personnel relations with the employer; A certificate of post-injury diagnosis issued by a medical institution.

Summary. Kiss <>

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The treatment methods after passing the work-related injury determination are as follows: 1. After the work-related injury certificate is issued, the employee needs to apply for labor ability appraisal after the employee ** or after meeting a certain medical period, and apply for work-related injury treatment review and enjoy work-related injury compensation according to the appraisal results. 2. Employees need to deal with it according to the work-related injury process

1. Timely delivery to the hospital**. 2. To apply for recognition of work-related injury, the unit or individual shall apply to the local labor department for recognition of work-related injury.

Excuse me: I was injured at work in the factory, ** ended, and the Social Security Bureau arranged the "Work Injury Determination".Disability.

Kiss <>

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The treatment methods after passing the work-related injury determination are as follows: 1. After the work-related injury identification is issued, the employee needs to apply for labor ability appraisal after the employee ** or after meeting a certain medical period, and Bo Lingling applies for work-related injury treatment according to the appraisal results to enjoy work-related injury compensation. 2. Employees need to deal with it according to the work-related injury process

1. Timely send relatives to the hospital**. 2. To apply for recognition of work-related injury, the unit or individual shall apply to the local labor department for recognition of work-related injury.

Legal basis: Article 18 of the Measures for the Determination of Work-related Injuries Article 18 The social insurance administrative department shall make a decision on the determination of work-related injuries within 60 days from the date of acceptance of the application for work-related injury determination, and issue a Decision on Determination of Work-related Injury or Decision on Non-recognition of Work-related Injury. Article 22 The social insurance administrative department shall, within 20 days from the date of making the decision on the determination of work-related injuries, send the "Decision on Determination of Work-related Injury" or the "Decision on Not Recognizing Work-related Injury" to the injured employee (or his close relatives) and the employer, and send a copy to the social insurance agency.

The service of the "Decision on Determination of Work-related Injury" and the "Decision on Non-determination of Work-related Injury" shall be carried out with reference to the provisions of civil law on service. 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 food supplements; (3) Transportation and lodging expenses for medical treatment outside the overall planning area; (4) The cost of installing and configuring assistive devices for the disabled; (9) Labor ability appraisal fee.