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Whether the work-related injury was determined at that time, or whether an agreement was signed at that time, if not, the applicant applied for labor arbitration or litigation, but the statute of limitations has expired, and the victory of the lawsuit is unlikely to be high.
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Injured in 92, only now do I remember to find someone to pay, it has been so long, it has been difficult, you consult a lawyer first, to see if it is possible to find a unit to pay you, if it is not possible, forget it, after all, it has been so long.
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It's been so many years, I guess I don't have to pay for it, why didn't you look good at the beginning, who still cares about you now, figure it out yourself.
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Did you get injured at the time? What is the relationship with this state-owned enterprise now? If you have a work-related injury and the relationship is still in the state-owned enterprise, you should find a state-owned enterprise to solve it.
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It shouldn't have dragged on for so many years! But the key to whether compensation can be made is a matter of evidence! Due to the long time, we must first pay attention to the current situation of the enterprise and see the normal operation of the enterprise.
The second is to prepare evidence, that is, the signature of the person at that time, the medical certificate, the appraisal grade, and after preparing these main things, file a trial with the members of the local labor arbitration commission.
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Unless it was recognized as a work-related injury at the time, no one wants to admit it for so long. It was originally determined that it was a work-related injury, but now**, it is possible to obtain compensation.
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The statute of limitations for labor arbitration is only one year, and it is really inadmissible if it expires, and it cannot protect people who sleep on their rights.
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So many years have passed, so let's figure it out by yourself**!
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【Statute of Limitations for Recognition of Old Work-related Injuries】Article 1 of the General Office of the Ministry of Labor's "Reply on Issues Concerning the Handling of Work-related Injury Disputes" Lao Ban Fa 1996 No. 28 stipulates that the issue of the limitation period for the determination of work-related injuries. At present, there is no statute of limitations for accepting workers' work-related injury complaints.
If there is a dispute between the employee and the employer over the determination of work-related injury and whether he can enjoy work-related injury benefits. If a party applies to the labor dispute arbitration commission for arbitration, as long as it meets the scope of the labor dispute, the labor dispute arbitration commission shall not indiscriminately determine the date of injury of the employee as the date of occurrence of the labor dispute, but shall determine the date of occurrence of the labor dispute according to the specific circumstances, and accept and handle it in accordance with the relevant provisions of the state.
Old Work-related Injury Disability Appraisal Appeal] Article 3 of the General Office of the Ministry of Labor on Issues Concerning the Handling of Work-related Injury Disputes, Lao Ban Fa No. 28, 1996, stipulates that the handling of disputes arising from employees' requests for disability appraisal. After an employee is found to have suffered a work-related injury, if he or she has a labor dispute with the employer due to the requirement for an appraisal of the level of disability and the degree of dependence on nursing, he or she may apply to the local labor dispute arbitration commission for arbitration, and after the arbitration commission accepts the case, it shall first entrust the local labor appraisal committee to conduct a disability appraisal in accordance with the relevant provisions of the Case Handling Rules, and then handle it in accordance with the appraisal conclusion and relevant national regulations.
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Old Work-related Injury Disability Appraisal Appeal] Article 3 of the General Office of the Ministry of Labor on Issues Concerning the Handling of Work-related Injury Disputes, Lao Ban Fa No. 28, 1996, stipulates that the handling of disputes arising from employees' requests for disability appraisal. After an employee is found to have suffered a work-related injury, if he or she has a labor dispute with the employer due to the requirement for an appraisal of the level of disability and the degree of dependence on nursing, he or she may apply to the local labor dispute arbitration commission for arbitration, and after the arbitration commission accepts the case, it shall first entrust the local labor appraisal committee to conduct a disability appraisal in accordance with the relevant provisions of the Case Handling Rules, and then handle it in accordance with the appraisal conclusion and relevant national regulations.
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I am not professional and I am also a work-related injury level 10 claim 22000 I must deal with this situation carefully and in a timely manner Because there is a time limit, now your situation is probably no room for salvation unless the boss finds it and gives you appropriate compensation!
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The statute of limitations for the determination of work-related injuries is 1 year, and you have exceeded the time. The law doesn't protect it.
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It's a problem that can't be solved. You go and petition.
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Hello, after a work-related injury, you need to go to the Social Security Bureau to confirm whether the employer has purchased work-related injury insurance for yourself.
If the employer has purchased work-related injury insurance, it can require the employer to declare the work-related injury within one month; If not, it is necessary to collect evidence of the employment relationship as soon as possible and report the work-related injury within one year.
If the employer has purchased work-related injury insurance, it can require the employer to declare the work-related injury within one month; If not, it is necessary to collect evidence of the employment relationship as soon as possible and report the work-related injury within one year.
Apply for work-related injury identification, conduct labor ability appraisal, and request work-related injury benefits.
To apply for labor ability appraisal, apply to the municipal labor ability appraisal committee for work-related injury appraisal after the employee has completed or reached a certain medical treatment period, and determine the disability level.
When I asked about a broken foot, the employer told me that it would take half a year before the disability level could be determined.
You can do it in about three months.
Ask the employer what to do if they don't let me have a disability grade.
Answer: If the employer does not cooperate with the disability appraisal after the work-related injury is determined, the employee may apply for the disability appraisal by himself, and after the appraisal result is released, he may claim compensation from the employer, and if the employer does not compensate, he may apply for labor arbitration.
You can do a disability assessment yourself.
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Beijing Xinzhiyuan Law Firm will answer for you: Hello, according to your description, you have established a labor relationship with this state-owned enterprise, if you can provide evidence of the existence of labor relations with it, you can claim compensation for work-related injury damages through labor arbitration, including your medical expenses, transportation expenses, disability compensation and other losses.
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If you can claim compensation according to the employment relationship, you can sue the person who hired you, that is, your friend. And your friend's boss is also responsible, and at the same time sue, your friend's boss is jointly and severally liable!
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1.Who should be responsible for my mother's situation, and who should I go to court to claim the medical bills? 、
A1 You can list all three as defendants and ask them to be jointly and severally liable for damages, and the court will determine their share;
2.If a work-related injury appraisal is performed, is it now done after discharge? Or will it be evaluated after a second surgery in a year and a half? Because the period of work-related injury appraisal is one year, will the appraisal after one and a half years be invalid due to time constraints?
A2 After being discharged from the hospital, the identification of work-related injuries can be carried out; Identification of the disability level of work-related injuries; At the same time, when you are discharged from the hospital, you will ask the hospital to issue a medical certificate for the cost of the second operation, and they will make an estimate of the approximate cost.
3.What would my mother's injuries be if they were to be evaluated? (3 fractures, my mom crawled back from the line of death...) 555)
A3 I don't know about this, but it's estimated to be about level 10-9. This is not counted until the disability is assessed by the labour department.
4.In the future, if you are well and you may not be able to do heavy work because of the lumbar cone, is this considered an inability to work? How much can I pay if I ask for compensation?
5.No, all the parts are sent, I hope the well-wishers will help answer it, 99 my mother, the well-wishers have a safe life!
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If the contractor is qualified, he will pay compensation to C, and if he is not qualified, he can be jointly and severally compensated; It's time to identify; To see the identification results, the key lies in the degree of damage to the lumbar bone; There are many cost items involved, and it is recommended to calculate them together when the appraisal results come out. Lawyer He in Beijing.
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I sympathize with your mother's experience, the one-year period you mentioned is the time limit for applying for work-related injury recognition, and there is no restriction on grade identification! What you have to do now is to go to the local social security agency to make a work-related injury determination, which is not controversial and belongs to work-related injuries! Then wait for the end of the injury to stabilize and then apply for disability level appraisal, according to the level of the corresponding compensation, it is impossible to determine how many levels now, and the future will depend on the recovery situation to determine!
As for who is responsible, you can go to the local labor dispute arbitration committee to complain, bring them A, B, and C, and they will support justice for you1
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1. The time limit for work-related injury recognition is one year, that is, the work-related injury determination must be applied for before July 12, 2009.
2. The identification of work-related injuries is generally declared by the unit, that is, the power supply station, if the unit does not declare, the employees themselves and their families can go to the labor department to apply for the identification of work-related injuries.
3. After the work-related injury is identified, you can apply for labor ability appraisal, which can generally be appraised after the medical treatment is terminated.
4. After the work-related injury appraisal, the unit shall be required to pay the benefits according to the level of work-related injury appraisal. If the employer participates in work-related injury insurance, most of the benefits are paid by work-related injury insurance**, and if the employer does not participate in work-related injury insurance, the benefits are borne by the employer.
5. Work-related injury benefits shall be paid according to the labor ability appraisal level of the employee, and what level corresponds to what treatment. The thigh is generally fractured with the femur, which is generally grade 10, and if internal fixation is performed, it is grade 9, and if it affects the hip joint, it may be higher. If you don't say it in detail, it is estimated that it is level nine.
The Regulations on Work-related Injury Insurance stipulate that:
Article 35 Where an employee is identified as having a disability of Grade 7 to Grade 10 due to work-related disability, he or she shall enjoy the following benefits:
1) A one-time disability subsidy shall be paid from the work-related injury insurance** according to the level of disability, and the standard is: 12 months' salary for grade 7 disability, 10 months' salary for grade 8 disability, 8 months' salary for grade 9 disability, and 6 months' salary for grade 10 disability;
2) If the labor contract is terminated upon expiration or the employee himself or herself proposes to terminate the labor contract, the employer shall pay a one-time medical subsidy for work-related injuries and a disability employment subsidy. The specific standards shall be prescribed by the people of provinces, autonomous regions and municipalities directly under the Central Government.
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If an employee in the store has signed a labor contract and falls and is injured in the store, he can go to the labor bureau for help, because this is normal working hours and is subject to labor protection.
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Of course, the boss is responsible for the responsibility for accidents during working hours, and you can report it to the relevant departments and ask for an explanation for yourself.
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Didi's employee who works in the store, after the fall is injured, the boss must be responsible, if he doesn't care, you can go to the relevant department to sue him, let the mushroom department deal with it.
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It's not the boss who is responsible, but the employee is injured within a reasonable time on the way off work is considered a work-related injury, if you should go home after work, but don't go back, play at the door for a while, and then get injured, beyond a reasonable amount of time on your way to work, it can't be considered a work-related injury.
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As long as there is a de facto employment relationship, the employer can be held responsible for work-related injuries and compensation without a written contract. You can find someone to testify, first go to the labor arbitration department, and if not, go to the court to appeal; You may apply for legal aid if you have financial difficulties.
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After 30 days, apply for a work-related injury determination by yourself. After the identification, the medical expenses will be reimbursed in full, and wages and benefits cannot be deducted during the shutdown.
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The employee in the store fell and broke a bone while at work, and now the boss doesn't care, and he complains to the boss to labor arbitration.
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You are a clerk in the store, and now when you go to work, you fall and break a bone, and now the boss can pass the law or report the case to the boss to compensate you, and this is really a work injury.
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I fell and broke a bone at work in the store, and the boss was somewhat responsible. If he doesn't care, he can call ** and let the people from the relevant departments negotiate.
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Since you are an employee in the store and fall down at work, the boss must be responsible for you, and if you break a bone, the boss is going to pay you, if he doesn't care, then you can keep all the receipts for your ** expenses, and you can sue him in court to get compensation.
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If this is the case, then you can go to your local labor arbitration department and report it to them so that they can help you solve it.
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I think that if you fall down and break a bone at work, it should be a work-related injury, and you should pay for it according to the national work-related injury law, and if the employer does not pay, you can go to legal arbitration.
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It is recommended to negotiate with the boss first, if it fails, you can find the labor arbitration department to help coordinate, if it fails, you can only file a lawsuit to solve it.
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This is obviously a work-related injury, and the boss can activate the rights protection mechanism regardless of it.
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If you fall while at work, it is a work-related injury. Your boss should cover your medical bills. There is also a nutrition fee.
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If you break a broken bone while working in the store, the boss will have to pay a certain amount of responsibility, and you can go to the relevant department to complain.
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If her family is not good, I suggest that the company give her something, so that the prestige is good, the company doesn't care about tens of thousands, if the family is good, give her a vacation, and the daily salary depends on the boss's mood.
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If an employee falls at work, should it be a work-related injury? Negotiate it. See if it is your own responsibility or the company's responsibility?
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According to the labor law, an accident on the way to and from work is also a work-related injury, so the boss is responsible. Now it doesn't matter, you can go to the labor bureau to complain or go to the court to sue.
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Keep the evidence of the injury at work and your work ID, be hospitalized with peace of mind**, and it's never too late to come out and sue the boss.
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Find someone to consult with the local social security bureau and labor bureau, and the staff will tell you what the way is.
This must be considered a work-related injury, and if you don't buy social security, all expenses should be paid by the boss.
The first thing you need to consult is to have legal protection in mind and negotiate the conditions with confidence in your heart, and at the same time, the labor bureau will notify the boss to deal with your situation. Good luck with both sides.
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