What should I do if I can t negotiate with my boss if I can t get a job

If the negotiation fails, you can apply for arbitration, but you must first determine that it is a work-related injury before you can claim work-related injury compensation, and the following is the work-related injury determination procedure:

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. According to different disability levels, the compensation obtained is different. The main compensation is: medical expenses, one-time disability allowance, one-time employment allowance, one-time medical allowance, salary during the period of leave of absence, food allowance, nursing expenses, etc.

4. If you do not have a labor contract or other evidence to prove the existence of an employment relationship, and cannot apply for a work-related injury determination, you can first apply for labor arbitration to confirm the existence of an employment relationship between you and the employer. After the existence of an employment relationship is confirmed by labor arbitration, an application for work-related injury determination is made.

If a worker is injured on a construction site, he or she shall apply to the labor administrative department at the county level where the employer is located for a work-related injury determination when seeking medical treatment, and negotiate with the boss on relevant compensation matters after issuing a work-related injury determination conclusion. Regarding the question of how to talk to the boss about the injury on the construction site, I will answer it for you in detail below.

1. How to talk to the boss about injuries on the construction site

1. If a worker is injured on the construction site, he or she shall apply to the county-level labor administrative department where the employer is located for work-related injury recognition when seeking medical treatment, and negotiate with the boss on relevant compensation matters after issuing the work-related injury determination conclusion.

2. Legal basis:

Regulations on Work-related Injury Insurance

Article 17 In the event of an accident injury 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 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 co-ordinating area where the employer is located.

Article 21: 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 be evaluated for his or her ability to work.

2. How to compensate the boss for the injured worker

1. If the worker is injured, if the boss is a private boss who is not qualified to use the labor defects, and the relationship between the worker and the boss belongs to the employment relationship, not the labor relationship, the worker cannot apply for work-related injury, and can only require the boss to bear the liability for personal injury in accordance with the employment relationship, and the compensation items include: medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, and hospital meal subsidies.

Nutrition expenses, if it constitutes disability, disability compensation, living expenses for dependents, solatium for mental damages, etc.

2. If the boss unit is qualified to employ workers, then the labor relationship is formed between the worker and the boss's unit, and then the worker is injured, you can apply for work-related injury identification, go through the work-related injury identification procedure, if the boss unit has purchased work-related injury insurance, the work-related injury insurance shall pay the work-related injury benefits according to law, and if the boss unit does not purchase work-related injury insurance, the boss unit shall pay the expenses in accordance with the work-related injury insurance treatment items and standards.

Work-related injury insurance benefits include: medical expenses, nursing expenses, nutrition expenses, hospital meal subsidies, transportation expenses, wages for suspension of work, one-time medical subsidies for work-related injuries, one-time disability employment subsidies, one-time disability subsidies, etc.

Which department to complain to if the worker's compensation is not negotiated with the boss? You can file a complaint with the local labor inspectorate, and if they can't deal with it later, you have to go to court to file a complaint.

If the compensation for work-related injuries cannot be negotiated with the boss, we can file a complaint with the labor bureau in addition to the labor bureau.

Work injury damages, your boss can't negotiate, which department to complain to, this should be found. Labor Supervision Tribe.

If the negotiation of work-related injury compensation fails, the parties to the banquet bench may apply to the Labor Dispute Mediation Committee of the unit for mediation, or apply to the Labor Dispute Arbitration Commission for arbitration, and if they are not satisfied with the arbitration award, they may file a lawsuit with the people's court. Article 54 of the Regulations on Work-related Injury Insurance Disputes between employees and employers over work-related injury benefits shall be handled in accordance with the relevant provisions on the handling of labor disputes.

Legal analysis: If the negotiation of work-related injury compensation fails, the parties may apply to the labor dispute mediation committee of the unit for mediation, or apply to the labor dispute arbitration commission for arbitration.

Legal basis: Article 54 of the Regulations on Work-related Injury Insurance Article 54 In the event of a dispute between an employee and an employer over the treatment of work-related injuries, it shall be handled in accordance with the relevant provisions on the handling of disputes over labor stops.

Legal analysis: After a work-related injury, if the enterprise does not negotiate to deal with it, it can be handled through mediation, arbitration or litigation. The worker may apply to the labor dispute mediation committee of the enterprise for mediation, and if the mediation fails, he or she may apply to the labor dispute arbitration commission for arbitration; It is also possible to apply directly to the labor dispute arbitration commission for arbitration, and the labor arbitration commission will make an award.

Legal basis: Article 79 of the Labor Law of the People's Republic of China After a labor dispute occurs, the parties may apply to the labor dispute mediation committee of the unit for mediation; If mediation fails, and one of the parties requests arbitration, it may apply to the labor dispute arbitration commission for arbitration. One of the parties may also apply directly to the Labor Dispute Oak Town Arbitration Commission for arbitration.

If the applicant is dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court.