How long does it take for the judgment to be issued in the second instance of work related injury, a

Cases are generally concluded within three months, as in the first instance.

According to the description, it can be preliminarily determined to be a grade 10 disability, but the specific result is subject to the results of the labor ability appraisal.

According to GB T16180-2014 "Labor Ability Appraisal Disability Rating of Work-related Injuries and Occupational Diseases of Employees".

Level 10 standard: 14) No dysfunction after healing of fractures in various parts of the body;

Grade 10 disability can receive a one-time disability subsidy paid by social security, which is 7 months' salary. Wages are calculated on average wages.

When terminating the employment relationship with the enterprise, you can also receive a one-time employment subsidy, which will be paid by the enterprise. One-time Medicaid. The one-time Medicaid and one-time employment grant are calculated in accordance with local regulations.

Regulations: Regulations on Work-related Injury Insurance

Article 37 Where an employee is assessed 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 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.

After the work-related injury**, the judgment shall be issued within 60 days. After the administrative lawsuit for work-related injury**, if the court adopts ordinary procedures to hear the case, the judgment will generally be rendered within 60 days from the date of filing; If the court adopts the summary procedure, a judgment will be rendered within 45 days from the date of filing the case. The relevant laws stipulate that workers who have suffered work-related injuries need to actively take the actual injury themselves.

**After completion, the worker should go to the work-related injury appraisal agency designated by the labor department to conduct the work-related injury bureau to ensure his legitimate rights and interests and claim compensation.

What are the criteria for determining work-related injuries:

1. Being injured in an accident during working hours and in the workplace due to work 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. During working hours and in the workplace, due to violence and other accidental injuries due to the performance of Tonglian work duties;

4. Suffering from occupational diseases;

5. During the period of going out for work, the person is injured due to work reasons or the whereabouts of the accident are unknown;

6. Being injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train that is not the person's primary responsibility while commuting to or from work;

7. Other circumstances in which laws and administrative regulations stipulate that the number of Huai shall be recognized as work-related injuries.

[Legal basis].Article 80 of the Administrative Litigation Law of the People's Republic of China.

The people's courts are to publicly announce judgments in all cases that are tried in public or in cases that are not tried in public.

Where the verdict is announced at court, the written judgment shall be sent within 10 days; Where the judgment is periodically announced, the written judgment is to be issued immediately after the judgment is announced.

When the judgment is announced, the parties must be informed of their right to appeal, the time limit for appeal, and the people's court appealing.

Legal Analysis: Results within 45 days of work-related injury**. The arbitral tribunal's decision on a labor dispute case shall be concluded within 45 days from the date on which the arbitration application is accepted by the labor dispute arbitration commission.

If the case is complicated and needs to be extended, it may be extended with the approval of the chairman of the labor dispute arbitration commission and the parties may be notified in writing, but the extension period shall not exceed 15 days. If the arbitral award is not made within the time limit, the parties may file a lawsuit with the people's court on the labor dispute.

Legal basis: Regulations on Work-related Injury Insurance Article 20 The social insurance administrative department shall make a decision on the determination of work-related injury within 60 days from the date of acceptance of the application for work-related injury determination, and notify the employee or his close relatives and the employee's unit in writing of the application for work-related injury determination. The social insurance administrative department shall make a decision on the determination of work-related injury within 15 days of accepting an application for work-related injury determination where the facts are clear and the obligations of the manuscript are clear.

Where a decision to determine a work-related injury needs to be based on the conclusion of the judicial organ or the relevant administrative department, the time limit for making a decision to determine the return of filial piety after work is suspended during the period when the judicial organ or the relevant administrative department has not yet made a conclusion.

Legal analysis: How long it takes to receive compensation after winning a case in the second instance depends on the efficiency of the losing party. Generally speaking, when a lawsuit is filed for compensation, the judgment should be made at the time of the judgment, and the performance period should be limited to 15 days in principle, and if the other party fails to perform the compensation after the judgment takes effect, it may apply to the court for compulsory enforcement with relevant evidence and judgment.

Legal basis: "Several Provisions of the Supreme People's Court on Strictly Implementing the System of Time Limits for Trial of Cases with Rough Bending" Article 1: Cases in which the person subject to enforcement has property available for enforcement shall generally be concluded within 6 months from the date on which the case is filed; Non-litigation enforcement cases shall generally be concluded within 3 months from the date on which the case is filed. Where there are special circumstances that require an extension of the enforcement period, it shall be reported to the president or vice president of that court for approval.

Where an application for an extension of the enforcement period is made, it shall be submitted within 5 days before the completion of the period.

Legal Analysis: Cases tried by the people's courts applying the ordinary procedures shall be concluded within 6 months from the date on which the case is filed. Where there are special circumstances that require an extension, it may be extended for 6 months with the approval of the president of that court; and where an extension is still necessary, it is to be reported to the people's court at the level above for approval.

Where people's courts apply the summary procedures to hear cases, they shall conclude trial within 3 months of filing the case.

Legal basis: Civil Procedure Law of the People's Republic of China

Article 149:In cases tried by people's courts applying the ordinary procedures, trial shall be completed within 6 months from the date on which the case is filed. Where there are special circumstances that require an extension, it may be extended for six months with the approval of the president of that court; and where an extension is still necessary, it is to be reported to the people's court at the level above for approval.

Article 161:People's courts applying the summary procedures to hear cases shall complete trial within 3 months of filing the case.