Work related injury claims at the Green Flower construction site

Apply for work-related injury identification and labor ability appraisal, claim work-related injury insurance benefits according to the appraisal conclusion, and apply for labor dispute arbitration in the event of a dispute with the employer.

The determination of work-related injury is an administrative confirmation by the social insurance administrative department in accordance with the authorization of the law whether an employee's injury (or occupational disease) due to an accident is a work-related injury or is regarded as a work-related injury, and is a prerequisite for an employee to enjoy work-related injury insurance benefits after suffering an accident injury and to obtain relief through legal means in the event of a dispute.

Labor ability appraisal is the basis and prerequisite for the labor appraisal agency to comprehensively assess the degree of disability and loss of working ability of the injured employee according to the national appraisal standards and the methods and means of relevant policies and medical science and technology after the worker is injured due to work.

If a worker is injured in a work-related accident, he or she shall first apply to the human resources and social security bureau of the work-related injury insurance co-ordination area of the employer, and the employer shall apply within 30 days of the accident, and the labor union, the injured employee and his close relatives may submit an application for recognition within one year. The following materials shall be submitted to apply for a determination of work-related injury:

1. Application Form for Identification of Work-related Injury;

2. Proof of the existence of labor relationship with the employer;

3. Medical diagnosis certificate, etc.

If there is a disability that affects the ability to work after the work-related injury is determined and the injury is relatively stable, an application shall be submitted 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). To apply for labor ability appraisal, you should fill in the "Application Form for Labor Ability Appraisal" and submit:

1. The original and photocopy of the Decision on Determination of Work-related Injury;

2. Valid diagnosis certificates, examination and inspection reports and other complete medical record materials copied or reproduced in accordance with the relevant regulations of medical record management of medical institutions;

3. The original and photocopy of the worker's resident ID card or social security card and other valid identity certificates;

4. Other materials specified by the Labor Ability Appraisal Committee.

According to the appraisal conclusion, the work-related injury insurance benefits were asserted. Depending on the level of disability, the compensation received 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, hospital meal allowance, nursing expenses, disability allowance, etc.

In the event of a dispute with the employer over work-related injury insurance benefits, it is a labor dispute, and the employer shall apply to the labor dispute arbitration commission at the place where the employer is located or where the labor contract is performed for labor dispute arbitration. After the arbitral award, the award takes legal effect, and the employer fails to perform its obligations under the award and applies to the people's court for enforcement.