How Long After Work Injury Can You Talk About Compensation What things should I pay attention to?

1.Work-related injury compensation needs to go through two procedures: work-related injury identification and labor ability appraisal (work-related injury disability level appraisal) before compensation, due to regional differences, the specific time is not easy to generalize!

2.First of all, it is necessary to apply to the local labor department for work-related injury recognition, which is the premise of all problems, without applying for work-related injury identification, it is impossible to obtain compensation through work-related injury, if the employer does not apply, the individual employee must apply within one year from the date of injury;

3.According to Article 20 of the Regulations on Work-related Injury Insurance, 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/her close relatives and the employee's employer in writing.

The social insurance administrative department shall make a decision on the determination of work-related injury within 15 days of accepting an application for determination of work-related injury where the facts are clear and the rights and obligations are clear.

4.If there are internal fixation equipment such as steel nails and steel plates in the body, they can only do the labor ability appraisal after dismantling (unless the doctor proves in writing that the internal fixation equipment such as steel nails and steel plates in the body do not need to be dismantled and have been kept in the body), and then claim disability compensation from the employer according to the disability level;

5.There are slight differences in the submission of application materials and procedures in different regions, it is recommended to call 12333 to consult the local social security bureau before applying!

Work-related injury compensation, is after the disability appraisal, the determination of the level of disability, it involves the matter of compensation, under normal circumstances, you do not need to worry about it personally, the supervisor of the unit, in accordance with the provisions of the handling of the unit. You just wait to get the compensation. If the unit does not give the bid.

You may have any objections to the compensation, and if the negotiation fails, you can file a lawsuit in court.

It takes up to 60 days, and the Grade 9 Disability Benefit is 9 months' salary.

The Regulations on Work-related Injury Insurance have corresponding provisions on it:

Article 20 The social insurance administrative department shall, within 60 days from the date of accepting the application for determination of work-related injury, make a decision to make a determination of work-related injury, and notify the employee or his close relatives and the worker's unit in writing of the application for work-related injury determination.

Article 37 Employees who are assessed as having a disability of grade 7 to 10 due to work-related disability shall enjoy the following benefits:

A lump sum disability allowance is paid from work-related injury insurance** according to the level of disability, 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.

1. The concept of work-related injury identification.

Work-related injury appraisal refers to the act of having an employee applying for work-related injury appraisal conduct an appraisal of work-related injury matters by a labor ability appraisal committee at or above a districted city on the basis of the employee's determination of work-related injury after the completion of his or her medical treatment or the expiration of his or her medical treatment. The scope of work-related injury appraisal includes: appraisal of working ability, appraisal and confirmation of the period of suspension of work, appraisal of nursing level, appraisal of disability assistive devices, etc.

2. Institutions for the appraisal of work-related injuries.

The scope of responsibilities of the labor appraisal committee at the provincial, municipal, and county levels is different:

1. Scope of responsibilities of the county (county-level city) labor appraisal committee:

1) Implement the policies, regulations and rules of the superior on labor appraisal;

2) Formulate the work system of the labor appraisal at the same level;

3) Provide business guidance for the labor appraisal work of the county's subordinate units;

4) In accordance with the relevant regulations, the employees of the county's subordinate units who need to be appraised shall be subject to labor appraisal.

2. Responsibilities of the Enterprise Labor Appraisal Committee (Group):

1) Implement the relevant policies, regulations and rules of superior labor appraisal;

2) Collect, sort out and keep the relevant information of employees' accidents and occupational diseases, and establish and improve employees' health records and work-related injury files;

3) Prepare the materials required for reporting, and do a good job in reporting labor appraisal cases;

4) Assist enterprises to do a good job in the management of injured, sick and disabled employees.

3. Scope of responsibilities of the provincial (autonomous region, municipality) level labor appraisal committee:

1) Implement the national policies, regulations and rules related to labor appraisal;

2) Formulate rules and regulations for labor appraisal work in the region;

3) Provide operational guidance to the work of labor appraisal organizations at all levels in the province;

4) Deal with the difficult and controversial cases of labor appraisal reported by all parts of the province and cities.

Compensation is generally available within one to six months after the work-related injury is determined. After the work-related injury identification, the work-related injury insurance should pay a one-time disability subsidy, which can be paid to the company's account in about a month after the work-related injury appraisal is completed and the work-related injury insurance is applied for and the work-related injury insurance is paid, and then the employee will get the compensation for how long it depends on the company's efficiency. Article 14 of the Regulations on Work-related Injury Insurance An employee shall be deemed to have suffered a work-related injury if he or she has 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) Suffering violence or other accidental injuries during working hours and in the workplace as a result of performing work duties; (4) Suffering from an occupational disease; (5) During the period when they are away for work, they are injured due to work reasons or their whereabouts are unknown in an accident; (6) Injured in a traffic accident for which he or she is not primarily responsible, or in an urban rail transit, passenger ferry, or train accident while commuting to or from work; (7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.

Legal Analysis: After the work-related injury is determined, compensation can generally be obtained within one to six months. After the work-related injury identification, the work-related injury insurance should pay a one-time disability subsidy, which can be paid to the company's account in about a month after the work-related injury appraisal is completed and the work-related injury insurance is applied for and the work-related injury insurance is paid, and then the employee will get the compensation for how long it depends on the company's efficiency.

Legal basis: Article 14 of the Regulations on Work-related Injury Insurance provides that an employee shall be deemed to have suffered a work-related injury if he or she has any of the following circumstances:

1) During working hours and in the place where the work is imitated, the elderly are injured in an accident due to 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) Suffering violence or other accidental injuries during working hours and in the workplace as a result of performing work duties;

(4) Suffering from an occupational disease;

(5) During the period when they are away for work, they are injured due to work reasons or their whereabouts are unknown in an accident;

(6) Injured in a traffic accident for which he or she is not primarily responsible, or in an urban rail transit, passenger ferry, or train accident while commuting to or from work;

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

If you have money and something, you can forget it, but ordinary migrant workers should forget it.

Under normal circumstances, if the employee has paid work-related injury insurance, the employer shall send the work-related injury treatment to the social security department to declare the work-related injury treatment with his or her "Work-related Injury Certificate", medical documents and relevant materials after the work-related injury medical treatment is completed. Generally speaking, from the date of application by the unit or individual, the labor department shall review the materials within 15 days, make a determination of work-related injury within 60 days, and deliver it within 20 days, and the online calculation within the prescribed period is 95 days. After the ** injury is stabilized, the appraisal can be done, generally in about 6 months, and the appraisal conclusion is made within 60 days, a total of 240 days.

The workers' compensation department will make the loan after review, and the specific time varies from place to place, so you can directly consult the local work-related injury insurance agency. If the employer refuses to recognize the employment relationship or refuses to pay work-related injury compensation benefits, the employee needs to file a complaint or arbitration to protect his or her rights, and this process of rights protection is relatively long, generally from three months to about one year. To sum up, if the workers' compensation goes well, you can get the money in about eight months, and if it is more complicated, it will take about two years to get the compensation.

Legal basis: Article 20 of the Regulations on Work-related Injury Insurance? The social insurance administrative department shall make a decision on the determination of work-related injury within 60 days of accepting 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 rights and obligations are clear. Where it is necessary to base a decision on the determination of work-related injuries on the basis of the conclusion of the judicial organ or the relevant administrative department, the time limit for making a determination of work-related injury is suspended during the period that the judicial organ or the relevant administrative department has not yet made a conclusion.

On the 25th of each month, the insured units and social security offices shall fill in the "Beijing Municipal Work-related Injury Insurance ** Payment Monthly Report (1)" (hereinafter referred to as the "Payment Monthly Report (1)" (hereinafter referred to as the "Payment Monthly Report (1)" and submit it to the business post of the district (county) social security agency, and the business personnel of the district (county) social security agency and the " Pay the monthly statement (1)" after checking that it is correct, and then transfer to the financial post.

Before the 5th of each month, the business personnel of the district (county) social security agency will generate the "Beijing Industrial Injury Insurance ** Payment Monthly Report Summary Table" (hereinafter referred to as the "Payment Monthly Report Summary Table" sample attached) after the audit is correct, and the floppy disk is submitted to the Municipal Social Security Center Work-related Injury Section, the Municipal Social Security Center Work-related Injury Section receives the District (County) Social Security Agency submitted the "Payment Monthly Report Summary Table" and data, the data will be read into the system, and the "Payment Monthly Report Summary Table" will be transferred to the Finance Department after the audit is correct. The Finance Division shall be submitted to the Municipal Finance Bureau before the 25th of each month. Before the 30th of each month, the Municipal Finance Bureau will pay the work-related injury insurance ** to the district (county) finance bureau before the 30th of each month, and the district (county) finance bureau will allocate it to the district (county) social security agency on the 2nd of the following month.

The district (county) social security agency shall allocate the payment to the insured unit or social security office before the 10th of the following month.

Article 10 Monthly report on supplementary payments.

Employees injured at work who meet the conditions for the supplementary payment of work-related injury insurance benefits, the insured units and social security offices must fill in the "Beijing Work-related Injury Insurance** Supplementary Payment Table" (hereinafter referred to as the "Supplementary Table" form is attached) and the "Beijing Industrial Injury Insurance** Supplementary Individual Schedule" (hereinafter referred to as the "Detailed Table" sample attached), and send it to the business post of the social security agency in the district (county) on the 25th of each month, and the business personnel of the social security agency in the district (county) will be transferred to the financial post after checking the "supplementary payment table" generated by the system.

Before the 5th of each month, the business personnel of the district (county) social security agency will generate the "Beijing Industrial Injury Insurance ** Insured Unit Supplementary Payment Summary Table" (hereinafter referred to as the "Supplementary Summary Table" form sample attached) after review, and submit it to the Municipal Social Security Center Industrial Injury Department together with the floppy disk. The operation process of the Municipal Social Security Center is consistent with the process of the "Payment Monthly Report Summary Table".

It is generally common for about half a year to a year. The labor bureau will issue the result of the determination within 60 days of the declaration of work-related injury, and the disability assessment will be carried out after the injury is stabilized (the medical treatment period is over). It depends on the specific situation, and some of them are as long as a year and a half, or even longer.

The disability appraisal conclusion shall be made within 60 days after the disability appraisal data are submitted, and it can be extended by 30 days if necessary, and the above work shall be completed, and the materials shall be submitted to the Social Security Bureau, and the Social Security Bureau shall transfer the compensation money into the personal account within 60 days. Therefore, it is very normal for many disabilities to last for more than half a year or a year from the time they are injured to the time the case is closed.

1. Determination of work-related injury: Counting from the date of application by the unit or individual, the labor department shall review the materials within 15 days, make a work-related injury determination within 60 days, and deliver it within 20 days, which is 95 days for the on-line calculation according to the specified period.

within a week. The person who asked the company to help me deal with it said that it would take more than a month.

The labor bureau will issue the result of the determination within 60 days of the declaration of work-related injury, and the disability assessment will be carried out after the injury is stabilized (the medical treatment period is over). It depends on the specific situation, and some of them are as long as a year and a half, or even longer. The disability appraisal conclusion shall be made within 60 days after the disability appraisal data are submitted, and it can be extended by 30 days if necessary, and the above work shall be completed, and the materials shall be submitted to the Social Security Bureau, and the Social Security Bureau shall transfer the compensation money into the personal account within 60 days.

Therefore, it is very normal for many disabilities to last for more than half a year or a year from the time they are injured to the time the case is closed.

The question was on the company's account at the end of last month.

Part of the expenses paid by the employer are paid on a monthly basis, such as the salary for the period of suspension of work, and if the work-related injury level reaches 10 or above after the appraisal of work ability, the employer shall also pay a one-time disability employment subsidy, which is paid only after the injured employee leaves the company;

1.The current Regulations on Work-related Injury Insurance and other relevant laws and regulations do not clearly stipulate how long it takes to receive disability benefits after the conclusion of the labor ability appraisal is issued.

2.If the employer has paid the work-related injury insurance in accordance with the law, the work-related injury benefits shall be borne by the employer and the work-related injury insurance** respectively, and the part borne by the employer can be directly requested from the employer according to the level of disability, and the part borne by the work-related injury insurance** shall be declared to the social insurance administrative department for payment in accordance with relevant regulations, and can only be issued after examination and approval.

3.Generally speaking, each local work-related injury insurance administrative department will have its own work process, and if the materials reported to the work-related injury insurance administrative department are complete, under normal circumstances, the labor department will complete the processing within 30 days.

4.If you don't understand anything, you can call 12333 directly to consult the local labor department.