What should I do if my boss fires all my colleagues who know about the work related injury?

1. Workers may apply for labor arbitration to claim payment of work-related injury benefits; Of course, it is necessary to go through the work-related injury identification and labor ability appraisal first.

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.;

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.

2. How to apply for labor arbitration:

1. Go to the labor dispute arbitration committee in the local human resources and social security bureau (formerly the labor bureau) to apply for labor arbitration. Materials to be submitted: 2 copies of the application for arbitration, 1 copy of the applicant's ID card; 2 copies of relevant evidence and a list of evidence; In some areas, you also need to provide the business registration information of the employer!

2. After submitting the materials, the arbitration commission will file the case within 5 working days. The Labor Arbitration Commission does not charge a fee. The parties are then given a period to present evidence; After the trial, and the mediation between the two of you, the mediation fails, and the arbitration committee issues an award; Labor arbitration shall be concluded within 60 days; If we are not satisfied with the ruling, we can sue the court;

3. During the application for labor arbitration, the worker shall not be delayed to work in the new unit.

If an employee has a dispute with the employer due to the determination of work-related injury, the employee can apply for labor arbitration to protect his rights. You can also contact the dismissed employee and sue the employer for compensation for the termination of the labor relationship. and testify for you.

In accordance with the Law on Mediation and Arbitration of Labor Disputes

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.

Ask the boss for an explanation, and find the labor bureau to administer justice.

Claiming compensation for an employee's work-related injury can be done in four steps. 1. Negotiate with the unit, and the employer can pay the amount of work-related injury compensation after the consensus.

2. Complain to the labor department, which will coordinate and the unit will pay the employee compensation for work-related injuries.

3. Apply for labor arbitration, and the labor arbitration commission shall arrange a labor arbitration award and request compensation from the unit.

4. If the payment is still not made after arbitration, it shall file a lawsuit with the court and apply for compulsory enforcement.

Social Insurance Act

Article 38 The following expenses incurred as a result of work-related injuries shall be paid from work-related injury insurance in accordance with the provisions of the state:

1) Medical expenses and expenses for work-related injuries;

2) Hospitalization meal subsidy;

3) Transportation and accommodation expenses for medical treatment outside the overall planning area;

4) The cost of installing and configuring assistive devices for the disabled;

5) For those who are unable to take care of themselves, the living care expenses confirmed by the Labor Ability Appraisal Committee;

6) A one-time disability allowance and a monthly disability allowance for employees with disabilities of grades 1 to 4;

7) A one-time medical subsidy to be enjoyed when the labor contract is terminated or dissolved;

8) In the event of a work-related death, the funeral allowance, the pension for dependent relatives and the work-related death allowance received by the surviving family members;

9) Labor ability appraisal fee.

Article 39 The following expenses incurred as a result of work-related injuries shall be paid by the employer in accordance with the provisions of the state:

1) Wages and benefits during the work-related injury;

2) The monthly disability allowance received by the disabled employees of the fifth and sixth grades;

3) A one-time disability employment subsidy that shall be enjoyed when the labor contract is terminated or dissolved.

There are three ways to do this:

1. Identification of work-related injuries and appraisal of disability levels. Compensation shall be required in accordance with the amount determined by the work-related injury insurance regulations and the local work-related injury insurance management measures. If it is not given, apply for arbitration at labor arbitration, and the arbitrator who is dissatisfied with it can file a lawsuit in the court, and the judgment can also be mentioned above.

The benefits are normal channels, fair and reasonable. The downside is that it can take a long time.

2. Go to the court to sue for compensation. The good thing is that the time is fast. The disadvantage is that your fees may be high, and it is difficult to say how the court will decide.

3. Negotiate with the boss and sign an agreement directly to pay money. The benefit is simplicity and the fastest time. The downside is that the general outcome of the negotiation is less than what is normally due.

If you really can't do it, you can say to the boss: even if you contribute to the enterprise, don't compensate. The boss will give you more as soon as he is moved.

It's a joke, but there really is such a boss. How to negotiate with your boss for money is a skill, try not to spoil the relationship. Otherwise, even if you take the 1st and 2nd methods, you will find that if the boss is fighting with you, it will be too difficult to get compensation.

One or two years is normal.

Determine the work-related injury first, do you pay social security!

Any negotiation must have sufficient evidence, and if there is no evidence, unless the other party admits the fact that the injured person is injured and related to him, if the boss is a scoundrel, the negotiation may fail, and he is negligent in looking for evidence, even if the lawsuit is likely to be lost. If both the boss and the injured person are reasonable, it is easier to deal with, otherwise it will be time-consuming and laborious. Before negotiating, try to find evidence that the injured person was injured while working at the boss's office.

With this evidence, talk to the boss to negotiate compensation according to the relevant laws and regulations, and if the gap is too large, sue to protect your rights. When talking to the boss about compensation, you must have a standard of compensation, the standard of compensation should be asked by a lawyer, there is no basis for compensation and anyone negotiating is destined to be a failed negotiation, either the compensation is very low, or the amount of compensation required is too high, the negotiation will be dead, forcing the boss not to admit anything, so that once the negotiation fails, and then want to find evidence to let the boss lose money, it will face difficulties in obtaining evidence, which is very unfavorable to the rights of the injured.

Social Insurance Law of the People's Republic of China Article 38 The following expenses incurred due to work-related injuries shall be paid from work-related injury insurance** in accordance with national regulations:

1) Medical expenses and expenses for work-related injuries;

2) Hospitalization meal subsidy;

3) Transportation and accommodation expenses for medical treatment outside the overall planning area;

4) The cost of installing and configuring assistive devices for the disabled;

5) For those who are unable to take care of themselves, the living care expenses confirmed by the Labor Ability Appraisal Committee;

6) A one-time disability allowance and a monthly disability allowance for employees with disabilities of grades 1 to 4;

7) A one-time medical subsidy to be enjoyed when the labor contract is terminated or dissolved;

8) In the event of a work-related death, the funeral allowance, the pension for dependent relatives and the work-related death allowance received by the surviving family members;

9) Labor ability appraisal fee.

How long after discharge from the hospital for a work-related injury is a disability assessment.

The time to apply for work-related injury disability appraisal is to apply for work-related injury disability appraisal according to the ** situation after confirming the work-related injury, and if the injury is stable and ** has ended, you can apply for disability appraisal immediately. According to the relevant regulations, the employer, the injured employee or his or her close relatives can apply for a disability appraisal. When applying for work-related injury appraisal, the applicant shall go to the labor ability appraisal committee of the city divided into districts to conduct a disability appraisal.

However, before applying for disability appraisal, it is necessary to first submit an application to the social insurance administrative department for work-related injury recognition, and generally only if it is recognized as a work-related injury, can the work-related injury disability determination be carried out.

Work-related injury compensation standards, also known as work-related injury insurance treatment standards. It refers to the compensation items and standards that the injured employees and the relatives of the injured employees and the relatives of the employees who died at work should enjoy in accordance with the law. If an employee of the employer suffers a work-related injury during the period when he has not participated in the work-related injury insurance, the employer shall pay the expenses in accordance with the work-related injury insurance benefits and standards stipulated in the "Regulations on Work-related Injury Insurance".

The solutions to the work-related injuries are as follows:

1. Apply to the former Labor Bureau of the Human Resources and Social Security Bureau for recognition of work-related injury, if the company does not apply, the injured employee or his close relatives shall apply for recognition within one year;

2. If there is a disability that affects the ability to work after the injury is relatively stable, the applicant shall apply for the appraisal of the ability to work;

3. According to different levels of disability, the compensation obtained is different;

4. If it is not possible to apply for work-related injury determination, it can first apply for labor arbitration to confirm the existence of an employment relationship between the employee and the employer.

What are the application materials for work-related injury identification?

1. A copy of the labor and employment contract or proof of the actual labor relationship;

2. Diagnosis certificate or appraisal issued by a medical institution;

3. The original and photocopy of the Decision on Determination of Work-related Injury;

4. Accident materials of employees or employers;

5. Original and photocopy of the employee's resident ID card and other valid identity certificates;

6. Other materials specified by the Labor Ability Appraisal Committee.

Legal basisArticle 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 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 determination of work-related injury in accordance with the provisions of the preceding paragraph, the injured employee or his close relatives or the workers' association 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 determination of work-related injury to the social department of the coordinating area where the employer is located to the insurance administrative department.

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 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 incurred during this period that comply with the provisions of these Regulations.

You can first apply for appraisal and ask the employer for compensation (you can request the employer to pay the corresponding work-related injury benefits, and you can also ask the employer to pay compensation equal to twice the economic compensation for the illegal termination of the labor contract), or go to the court to file a lawsuit.

Legal basis: Article 48 of the Labor Contract Law provides that if an employer dissolves or terminates a labor contract in violation of the provisions of this Law, and the employee requests to continue to perform the labor contract, the employer shall continue to perform it; If the employee does not request to continue to perform the labor contract or the labor contract can no longer be performed, the employer shall pay compensation in accordance with Article 87 of this Law.

Article 82 Where an employer fails to conclude a written labor contract with a worker for more than one month but less than one year from the date of employment, it shall pay twice the monthly wage to the worker in the group.