According to the labor law, how to claim compensation for work related injuries?

I just watched China Channel 12's legal channel today.

If the company or unit has purchased work-related injury insurance for the employee, the labor and social security department shall compensate the employee, and if the work-related injury insurance is not purchased, the employer shall compensate by itself.

This is called asking the labor and social security department to determine the amount of compensation, not that whoever asks for or should pay as much as he wants, but has to have a process of identification.

1. There is no contract, but it can be recognized as a de facto labor relationship.

2. There are no parents, but other close relatives can also claim compensation.

3. Whether to compensate depends on the specific circumstances, that is, whether there is a causal relationship between the cause of death and the work.

Compensation can be claimed, and if it is proved that the cause of heart disease is directly related to overtime and work, and there is no contract and there is a de facto employment relationship, it can also be recognized as an employment relationship.

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Your brother shall apply to the Labor Bureau for a work-related injury determination within one year from the date of injury, and then apply to the Labor Ability Appraisal Committee of the city divided into districts for assessment of the disability level. After that, they will enjoy the corresponding medical treatment for work-related injuries. <>Article 18 provides:

The following materials shall be submitted to submit an application for determination of work-related injury:

1) Application form for determination of work-related injury;

2) Proof of the existence of an employment relationship (including a de facto employment relationship) with the employer;

3) Medical diagnosis certificate or occupational disease diagnosis certificate (or occupational disease diagnosis and appraisal certificate).

The application form for determination of work-related injury shall omit basic information such as the time, place, and cause of the accident and the degree of injury of the employee.

Where the materials provided by the applicant for work-related injury determination are incomplete, the labor and social security administrative department shall inform the applicant of all the materials that need to be supplemented and corrected in writing at one time. After the applicant requests to supplement and correct the materials in accordance with the written notice, the labor and social security administrative department shall accept the application. ”

If a person is injured in an accident or suffers from an occupational disease at work and needs to suspend work to receive medical treatment for work-related injuries, the original salary and benefits shall remain unchanged during the period of suspension of work and salary, and shall be paid by the employer on a monthly basis. The period of leave without pay is generally not more than 12 months. If the injury is serious or the circumstances are special, it may be appropriately extended upon confirmation by the Fortune Committee of the Labor Ability Appraisal Committee of the city divided into districts, but the extension shall not exceed 12 months.

According to the Regulations on Work-related Injury Insurance:

Article 14 An employee shall be deemed to have suffered a work-related injury under any of the following circumstances:

1) Being 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) Injured or unaccounted for in an accident while away for work;

6) Injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train for which they are not primarily responsible;

7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.

Article 15 An employee shall be deemed to have suffered a work-related injury under any of the following circumstances:

1) Death from sudden illness during working hours and at work, or death within 48 hours after being rescued only in a sedan car;

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

3) Employees who previously 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. Where employees have any of the circumstances in items (1) or (2) of the preceding paragraph, they shall enjoy work-related injury insurance benefits in accordance with the relevant provisions of these Regulations;

Where an employee has any of the circumstances in item (3) of the preceding paragraph, it means that he or she is quietly enjoying work-related injury insurance benefits other than a one-time disability subsidy in accordance with the relevant provisions of these Regulations.

Article 33 Where an employee is injured in an accident or suffers from an occupational disease at work and needs to suspend work to receive medical treatment for work-related injuries, the original salary and benefits shall remain unchanged during the period of suspension with pay, and shall be paid by the employer on a monthly basis.

The period of leave without pay is generally not more than 12 months. If the injury is serious or the circumstances are special, it may be appropriately extended upon confirmation by the labor ability appraisal committee at the districted city level, but the extension shall not exceed 12 months.

After the work-related injury is assessed, the original benefits shall be suspended and the disability benefits shall be enjoyed in accordance with the relevant provisions of this Chapter. If the injured employee still needs to be ** after the expiration of the period of suspension of work with pay, he or she shall continue to enjoy the medical treatment of work-related injury. If an injured employee who is unable to take care of himself needs nursing care during the period of suspension of work with pay, the unit to which he or she belongs shall be responsible.

In accordance with Article 57 of the Labour Law: The state shall establish a statistical reporting and handling system for accidents and occupational diseases. The people's labor administrative departments at or above the county level, relevant departments and employers shall, in accordance with the law, count, report and deal with the accidents caused by workers in the course of labor and the occupational diseases of workers.

Work-related injury compensation, also known as work-related injury insurance benefits, refers to the compensation items and standards that work-related injuries and relatives of work-related deceased employees should enjoy in accordance with the law. If an employee of an employer suffers a work-related injury during the period of participating in 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. Mainly refer to laws and regulations.

Regulations on Work-related Injury InsuranceArticle 30; Employees who are injured in accidents or suffer from occupational diseases due to work are entitled to medical treatment for work-related injuries.

Employees who are injured at work shall seek medical treatment in a medical institution that has signed a service agreement, and in case of emergency, they can first go to the nearest medical institution for first aid.

**If the expenses required for work-related injuries meet the requirements of work-related injury insurance diagnosis and treatment items, work-related injury insurance drug lists, and work-related injury insurance hospitalization service standards, they shall be paid from work-related injury insurance**. The catalogue of work-related injury insurance diagnosis and treatment items, the catalogue of work-related injury insurance drugs, and the standards for work-related injury insurance hospitalization services shall be prescribed by the social insurance administrative department in conjunction with the health administrative department, the food and drug supervision and administration department, and other departments.

The food subsidy for the hospitalization of the employee for the work-related injury, as well as the transportation, accommodation and accommodation expenses required for the work-related injury employee to seek medical treatment outside the co-ordination area shall be paid from the work-related injury insurance, and the specific standard of payment shall be stipulated by the people of the co-ordination area.

Injured employees are not entitled to medical treatment for work-related injuries and shall be dealt with in accordance with the basic medical insurance measures.

If the work-related injury employee goes to the medical institution that has signed the service agreement to carry out the work-related injury**, if it meets the requirements, it shall be paid from the work-related injury insurance**.

Hello, there are special provisions on work-related injury insurance regulations, which are not detailed in the labor law;

According to the regulations on work-related injury insurance, the first application for recognition of work-related injury is to be made by the employer, or it can be applied for by the injured person himself or his close relatives, but the time for the application of the two entities is different: the employer shall apply within one month from the date of the occurrence of the work-related accident; If the employer does not apply, the injured person or his close relatives may apply within one year from the date of the accident;

secondly, after the injury is stable or discharged, the working ability will be evaluated;

After determining the level, the subsidy can be calculated according to the corresponding level in the regulations, there are 10 levels of work-related injuries, 1-10 grades, the smaller the number, the higher the level, the more disability benefits; The wages and benefits during the medical treatment period of work-related injuries remain unchanged.

In addition, some items in work-related injury claims are stipulated by the people of various provinces, autonomous regions and municipalities directly under the Central Government, such as a one-time medical subsidy and a one-time employment subsidy when the labor contract is terminated or terminated. The specific standards of these subsidies should be checked and the specific regulations of the local province should be consulted, such as the implementation measures of the XX Provincial Work-related Injury Insurance Regulations.

As for the disability allowance, it is uniformly stipulated in the regulations on work-related injury insurance, see 35-41 for details.

Identification and compensation of work-related injuries: the worker was injured in an accident due to work-related reasons; Accidental injuries such as violence or occupational diseases caused by the performance of work duties; If it is injured due to work-related reasons or an accident in which the whereabouts are unknown, it shall be found to be a work-related injury. If it is determined that it is a work-related injury, the required work-related injury compensation shall be paid from the work-related injury insurance**.

Legal basis: Article 14 of the "Regulations on Work-related Injury Insurance" shall be recognized as a work-related injury if an employee is assigned one of the following circumstances: (1) during working hours and in the workplace, due to an accident caused by work; 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) Injured or unaccounted for in an accident while away for work; (6) Injured in a traffic accident or an urban rail transit, passenger ferry, or train accident for which they are not primarily responsible while commuting to or from work; 7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.

What are the provisions and compensation for work-related injuries in the Labor Law? A work-related injury can only be recognized as a work-related injury if it meets the conditions for work-related injury. Second, the standard of compensation should be divided into different grades. You have a different state of high compensation standards.

Work-related injury matters handling (compensation) bend friends five slippery people walking, see the diagram of the buried Huai:

The worker can claim the following work-related injury compensation: the cost of installing and configuring the disability assistive device; Medical expenses and expenses for work-related injuries; a one-time medical subsidy that should be enjoyed at the same time as terminating or rescinding the shared limb of labor; Transportation, accommodation and transportation expenses for medical treatment outside the co-ordination area; For those who are unable to take care of themselves, the living care expenses confirmed by the Labor Ability Appraisal Committee; Other.

[Legal basis].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 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.