My aunt fell and injured her company while at work, so she didn t care what to do

If the negotiation fails, they will go to labor arbitration, and if they are not satisfied with the arbitration result, they will sue.

Apply to the labor department for a work-related injury determination by yourself.

According to Article 14 of the Regulations on Work-related Injury Insurance, if an employee has any of the following circumstances, it shall be deemed to be a work-related injury:

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.

The application for work-related injury recognition shall be handled in accordance with the provisions on work-related injury.

Zongheng Legal Network-Guangdong Decheng Law Firm-Guizhu Lawyer.

According to the Regulations on Work-related Injury Insurance, the situation you describe should be a work-related injury and you can apply for recognition of work-related injury.

Zongheng Legal Network-Shandong Yongsheng Law Firm-Sun Yulei Lawyer.

Discuss with the company first, how to deal with it, and if you don't deal with it, go to the labor bureau to complain.

Regardless of the injured company during work, the employee can protect his or her rights through the following ways:

1. Workers or their relatives may apply for work-related injury recognition within one year after the occurrence of work-related injury;

2. If it is determined that it is a work-related injury and causes disability, it can apply for disability appraisal after it is stabilized;

3. After the work-related injury is identified and the disability is appraised, the employer can apply for work-related injury compensation, and if the employer has not purchased work-related injury insurance, it can claim compensation from the employer.

What materials should be prepared for a work-related injury lawsuit?

1. A copy of ID card;

2. Industrial and commercial enterprise file registration data;

3. Work-related injury certificate;

4. Labor ability appraisal conclusion;

5. Appraisal of suspension of work with salary;

6. Outpatient medical records, diagnosis certificates, and discharge summaries;

7. The bank's salary list;

8. Agree to install a prosthetic certificate, and need to install a prosthesis;

9. If you have purchased social security, you need to submit a verification report of work-related injury insurance benefits.

[Legal basis].Article 17 of the Regulations on Work-related Injury Insurance.

If an employee is injured in an accident or is diagnosed or appraised as an occupational disease in accordance with the provisions of the Law on the Prevention and Control of Occupational Diseases, the unit to which he or she belongs shall, within 30 days from the date of occurrence of the accident injury or the date of diagnosis or appraisal of an occupational disease, submit an application for recognition of work-related injury to the social insurance administrative department of the coordinating area. In case of special circumstances, the time limit for application may be appropriately extended with the consent of the social insurance administrative department.

If the employer fails to submit an application for recognition of work-related injury in accordance with the provisions of the preceding paragraph, the injured employee or his close relatives or trade union organization may, within one year from the date of occurrence of the accident injury or the date of diagnosis or appraisal of an occupational disease, directly submit an application for recognition of work-related injury to the social insurance administrative department of the coordinating area where the employer is located.

Matters that shall be determined by the provincial-level social insurance administrative department in accordance with the provisions of the first paragraph of this Article shall be handled by the social insurance administrative department at the districted-city level where the employer is located in accordance with the principle of territoriality.

If an employer fails to submit an application for determination of work-related injury within the time limit specified in the first paragraph of this Article, the employer shall bear the relevant expenses such as work-related injury benefits incurred during this period that comply with the provisions of these Regulations.

If the employer fails to pay social insurance to the employee, the relevant liability arising from the work-related injury shall be borne by the employer. "Regulations on Work-related Injury Insurance" Determination of Work-related Injuries Article 14 If an employee slips violently under any of the following circumstances, it shall be recognized as a work-related injury: 1) During working hours and in the workplace, Wuxun is injured in an accident 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 where they are engaged in the performance of their 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.

You can apply for work-related injury identification, and after the work-related injury is identified, you can apply for the identification of the injury level of the worker. After the level of work-related injury is determined, work-related injury benefits are required. The unit did not give Ke Tong an early application for labor arbitration or litigation.

The work-related injury is recognized as one year from the date of injury. Legal basis: Article 39 of the Insurance Law of the People's Republic of China The following expenses incurred due to work-related injuries shall be paid by the employer in accordance with national regulations

1) Wages and benefits during the work-related injury; (2) The monthly disability allowance received by the disabled employees of the fifth and sixth grades; (3) A one-time disability employment subsidy that shall be enjoyed when the labor contract is terminated or dissolved. Article 41 Where an employee's employer fails to pay work-related injury insurance premiums in accordance with law, and a work-related injury accident occurs, the employer shall pay work-related injury insurance benefits. If the employer does not pay the chain, it shall pay the compensation from the work-related injury insurance** in advance.

The work-related injury insurance benefits paid in advance from the work-related injury insurance** shall be reimbursed by the employer. If the employer fails to repay, the social insurance agency may recover compensation in accordance with the provisions of Article 63 of this Law.

The scope of work-related injuries is the premise for the determination of work-related injuries, and is generally directly stipulated by law. The provisions of work-related injury insurance laws and international labor conventions on the scope of work-related injuries in various countries and regions mainly adopt the following legislative models: general legislative model, enumerated legislative model, and mixed legislative model.

China's "Regulations on Work-related Injury Insurance" adopts an enumerative legislative model for the scope of work-related injuries, and clarifies the scope of work-related injuries to be regulated in China's "Regulations on Work-related Injury Insurance" through a combination of affirmative and negative enumeration. Employers shall pay work-related injury insurance premiums on time. Individual employees do not pay work-related injury insurance premiums.

The amount of work-related injury insurance premiums paid by an employer is the product of the total wages of its employees multiplied by the employer's contribution rate.

For industries that are difficult to pay work-related injury insurance premiums according to the total salary, the specific way of paying work-related injury insurance premiums shall be prescribed by the social insurance administrative department.

Work-related injury insurance** will gradually be implemented at the provincial level.

Industries that cross regions and have greater production mobility can participate in work-related injury insurance in different places in a relatively centralized manner. The specific measures shall be formulated by the social insurance administrative department in conjunction with the competent departments of relevant industries.

Work-related injury insurance shall be deposited into the special financial account of social security, and shall be used for the payment of work-related injury insurance benefits, labor ability appraisal, publicity and training for work-related injury prevention as stipulated in these Regulations, as well as other expenses for work-related injury insurance as stipulated by laws and regulations.

The specific measures for the extraction, use and management of work-related injury prevention expenses shall be formulated by the social insurance administrative department in conjunction with the departments of finance, health administration, and production safety supervision and management.

No unit or individual shall use work-related injury insurance** for investment and operation, construction or renovation of office space, bonuses, or other purposes.

Work-related injury insurance** shall set aside a certain percentage of reserves for the overall payment of work-related injury insurance benefits for major accidents in the region; If the reserve fund is insufficient to pay, it shall be paid in advance by the people of the overall planning area. The specific proportion of the reserve fund in the total amount of reserves and the method of using the reserve fund shall be prescribed by the people of the provinces, autonomous regions and municipalities directly under the Central Government.