How to protect your rights to work related injuries in the factory

1. First, the company is required to go to the local labor and social security bureau for work-related injury identification, and then go to the medical institution designated by the labor and social security bureau for work-related injury grade identification; If the company does not cooperate, it can self-declare the identification and appraisal of work-related injuries. However, if there is no employment contract, it is necessary to go through the labor relationship confirmation procedure.

2. According to the work-related injury appraisal results, the corresponding work-related injury compensation shall be paid by the Labor and Social Security Bureau if the unit has purchased work-related injury insurance, and if the unit has not purchased work-related injury insurance, the work-related injury compensation shall be paid by the unit according to the work-related injury insurance standard; Work-related injury compensation varies according to the place where the accident occurred, the individual's age, salary, time of injury, and time of termination of labor relations.

3. The scope of work-related injury compensation includes: medical expenses, nursing expenses, hospital meal subsidies, transportation expenses, accommodation expenses, **** expenses, assistive device expenses, suspension period wages, one-time disability subsidies, one-time work-related injury medical subsidies, disability employment subsidies, etc.;

If you need a lawyer's help or detailed consultation, you can contact lawyer Qin Jiali in Suzhou, Beijing Yingke (Suzhou) Law Firm, one of the top ten law firms in China, hosting personal injury and work-related injury compensation cases in Suzhou, Xi and Chang traffic accidents, 13th Floor, No. 999, Sanxiang Road, Jinchang District, Suzhou City, next door to the Second Hospital, opposite Suzhou City.

Lawyer Qin Jiali.

It is necessary to: 1. You should go to the Work Injury Department of the Labor Bureau as soon as possible within one year of the incident to report the work-related injury determination, and it must not expire. 2. Only then can the disability level be identified. 3. Then Fang Hao will file a labor arbitration lawsuit to claim compensation from the company.

Lawyer Chen Lei.

According to the work-related injury procedures, first apply for work-related injury recognition as soon as possible, and then wait for the injury to stabilize the labor ability appraisal, and calculate the compensation amount according to the level, age, salary, etc. of the work-related injury identification and labor ability appraisal.

Lawyer Lu Feng.

Guaranteed in accordance with the law.

Lawyer Xu Yuanhong.

Submit the labor ability appraisal to the Labor Ability Appraisal Committee of the Human Resources and Social Security Bureau, and enjoy work-related injury benefits according to the level of disability. 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, he or she shall conduct an appraisal of his or her ability to work. Article 22 The appraisal of Lao Heyu's ability to act refers to the grade appraisal of the degree of labor dysfunction and the degree of self-care disorder.

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 labor ability appraisal shall be submitted by the employing person or injured worker or his close relatives to the labor ability appraisal committee at the districted city level, and shall provide the relevant materials on the determination of the work-related injury and the medical treatment of the worker's work-related injury. Article 24 The labor ability appraisal committees of provinces, autonomous regions, and municipalities directly under the Central Government and the labor ability appraisal committees at the level of cities divided into districts shall be composed of representatives of the social insurance administrative departments, health administrative departments, trade union organizations, handling agencies, and representatives of employers at the provincial, autonomous regional, municipality, and districted city levels, respectively.

The Labor Ability Appraisal Committee shall establish a database of medical and health experts. Medical and health professional and technical personnel included in the expert database shall meet the following conditions:

1) Have the qualifications for senior professional and technical positions in medical and health care;

2) Master the relevant knowledge of labor ability appraisal;

3) Have good professional character. Article 25 After receiving an application for labor ability appraisal, the labor ability appraisal committee at the districted city level shall randomly select 3 or 5 relevant experts from the medical and health expert database established by it to form an expert group, and the expert group shall put forward an appraisal opinion. The labor ability appraisal committee of the city divided into districts shall make the conclusion of the appraisal of the labor ability of the injured employee on the basis of the appraisal opinions of the expert group; When necessary, a qualified medical institution may be entrusted to assist in the diagnosis.

Article 37 Employees who are assessed as having a disability of grade 7 to 10 due to work-related disability shall enjoy the following benefits:

1) A one-time disability subsidy shall be paid according to the level of disability from work-related injury insurance, and the standard is: 13 months' salary for grade 7 disability, 11 months' salary for grade 8 disability, 9 months' salary for grade 9 disability, and 7 months' salary for grade 10 disability;

2) If the labor or employment contract is terminated upon expiration, or the employee himself or herself proposes to terminate the labor or employment contract, the work-related injury insurance shall pay a one-time medical subsidy for work-related injuries, and the employer shall pay a one-time disability employment subsidy. The specific standards for one-time medical subsidies for work-related injuries and one-time employment subsidies for disability shall be prescribed by the people of provinces, autonomous regions and municipalities directly under the Central Government.

Legal Analysis: Employees should be compensated appropriately if they are injured at work in the course of work. However, due to the cumbersome laws and regulations, it is difficult to protect your rights and interests if you do not have the relevant knowledge. Therefore, there are a few things to know:

1.Definition of work-related injuries: Article 2 of the Regulations on Work-related Injury Insurance stipulates that work-related injuries refer to injuries or illnesses suffered during the course of work, including injuries in the middle of work, traffic accidents on the way to and from work, and injuries on the way to or from work, such as direct or return to pick up meals, shopping and other necessary activities.

2.Work-related injury report: Employees should report the injury to the unit in a timely manner, and go to the medical institution within the specified time to check the town of Kidandin.

3.Work-related injury determination: The work-related injury determination committee conducts an appraisal, and the work-related injury determination result is an important evidence for protecting rights and interests.

4.Compensation standards: The Regulations on Work-related Injury Insurance stipulate various compensation standards such as work-related injury treatment expenses, work-related injury allowances, and one-time work-related death subsidies.

Legal basis:1Article 2 of the Regulations on Work-related Injury Insurance;

2.Article 42 of the Labor Law of the People's Republic of China;

3.Article 22 of the Social Insurance Law of the People's Republic of China.

The above is the basic legal analysis and basis for employees to protect their own rights and interests due to work-related injuries. When suffering a work-related injury, you should report to the unit in time, conduct appraisal and protection, and master relevant legal knowledge to protect your legitimate rights and interests.

This is how to protect your interests after being injured at work:

1. The employer or employee shall submit an application for recognition of work-related injury to the social insurance administrative department in accordance with the regulations;

2. Apply for labor ability appraisal;

3. Enjoy work-related injury insurance benefits, including suspension of work and salary.

[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 Control of Occupational Diseases, the unit to which he or she 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 immediate family members 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 apply to the labor and social security administrative department of the coordinating area where the employer is located.

Matters that shall be determined by the provincial-level social insurance administrative department in accordance with the provisions of the first paragraph of this Article shall be handled by the social insurance administrative department at the districted-city level where the employer is located in accordance with the principle of territoriality.

If an employer fails to submit an application for recognition 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.

You can apply for recognition of work-related injuries and enjoy work-related injury insurance benefits. Article 17 of the Regulations on Work-related Injury Insurance stipulates that if an employee is injured in an accident, the employer shall submit an application for recognition of work-related injury to the local social insurance administrative department within 30 days from the date of the accident. In order to obtain work-related injury insurance benefits, there should be a "Decision on Determination of Work-related Injury" issued by the social insurance administrative department and a written conclusion of the disability appraisal made by the Labor Ability Appraisal Committee.

According to the regulations on work-related injury insurance, if an employee is identified as a Grade 8 disability due to work-related disability, he or she shall enjoy the following benefits: a one-time disability subsidy shall be paid according to the level of disability from the work-related injury insurance, and the standard shall be 10 months of his own salary and the termination of the labor contract shall be terminated, or if the employee himself proposes to terminate the labor contract, the employer shall pay a one-time medical subsidy for work-related injury and a disability employment subsidy. All the above expenses are paid by work-related injury insurance according to the regulations, but if the unit does not handle work-related injury insurance for employees, it must be paid by the unit according to the regulations.

If the unit does not pay, the legal ways to protect rights are: the simple way is to complain to the local labor law enforcement inspection brigade in accordance with the "Labor Security Supervision Regulations", and they will supervise and inspect in accordance with the law and order payment.

In accordance with the provisions of Article 30 of the Labor Contract Law, the local people's court may also apply to the local people's court for a payment order, and the people's court shall issue a payment order in accordance with the law. The most effective way is to solve the problem through labor arbitration (no fee Liang Yin, no lawyer), and during arbitration, try to collect some relevant evidence, which is conducive to ruling, but according to Article 6 of the Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings, the main responsibility for presenting evidence in labor dispute cases lies with the employer, and the employer will be ordered to present relevant evidence at that time. If you have not signed a labor contract with the employer, have not purchased social insurance, and have not signed a labor contract, the employer has violated the law first, and shall bear legal responsibility in accordance with Article 82 of the Labor Contract Law, pay you twice the monthly salary, and make up a written labor contract with you.

The starting date for the employer to pay you twice the monthly salary is the day after the expiration of one month from the date of employment, and the deadline is the day before the written employment contract is re-concluded. If the employer refuses to report the work-related injury, the injured employee and his/her relatives can directly apply to the labor and social security administrative department where the employer is located within one year.