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1. When the work-related injury benefits are reviewed, they are issued after submitting an application to social security after the completion of the examination or the issuance of the labor ability appraisal results. The main materials are: application form for review of work-related injury benefits, medical termination or labor ability appraisal form, medical records, discharge summary, medical invoice and hospitalization list, work-related injury certificate and a copy of my ID card.
2. The injured employee shall be granted treatment within 60 days after applying.
3. In accordance with the Social Insurance Law
Article 38 The following expenses incurred due to work-related injuries shall be paid from work-related injury insurance** in accordance with the provisions of the State:
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.
Article 39 The following expenses incurred as a result of work-related injuries shall be paid by the employer in accordance with the provisions of the State:
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1.Work-related injury determination procedure 2Labor Ability Appraisal Procedure 3Work-related injury benefits review procedures.
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Under normal circumstances, the labor department will complete the processing within 30 days.
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Legal Analysis: Workers' compensation is generally paid in about 3 to 4 months. If an injured employee is found to be injured at work, he or she shall enjoy work-related injury insurance benefits, and the social insurance administrative department shall make a decision on the determination of work-related injury within 60 days from the date of accepting the application for work-related injury determination.
Legal basis: Social Insurance Law of the People's Republic of China
Article 38 The following expenses incurred due to work-related injuries shall be paid from work-related injury insurance** in accordance with the provisions of the State:
1) Medical expenses and expenses for work-related injuries (2) Hospitalization meal subsidies (3) Transportation and accommodation expenses for medical treatment outside the overall planning area (4) Expenses required for the installation and configuration of disability assistive devices (5) Living care expenses confirmed by the Labor Ability Appraisal Committee for those who cannot take care of themselves (6) One-time disability subsidies and monthly disability allowances received by disabled employees of grades 1 to 4 (7) One-time medical subsidies that should be enjoyed when the labor contract is terminated or terminated (8) Death due to work, Funeral allowances, pensions for dependent relatives and work-related death allowances received by their surviving family members (9) Labor ability appraisal fees.
Article 39 The following expenses incurred as a result of work-related injuries shall be paid by the employer in accordance with the provisions of the State:
1) ** Wages and benefits during the period of work-related injury (2) Disability allowance received by disabled employees of grade 5 and 6 on a monthly basis (3) A one-time disability employment subsidy shall be enjoyed when the labor contract is terminated or terminated by the person who knows the sedan chair.
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, it shall be paid in advance from the work-related injury insurance**.
The work-related injury insurance benefits paid in advance from the work-related injury insurance** shall be reimbursed by the employer. If the employer does not repay the loan in a reckless manner, the social insurance agency may recover the compensation in accordance with the provisions of Article 63 of this Law.
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Legal Analysis: Injuries made during working hours or as a result of work are generally considered work-related injuries. In the event of a work-related injury, the disability level should be appraised first, and then the company will give a certain amount of compensation according to the results of the work-related injury appraisal.
Workers' compensation generally takes 3 to 4 months to arrive. 1. In the event of a work-related accident, the work-related injury insurance** and the employer shall pay compensation according to different circumstances. 2. The expenses paid by the work-related injury insurance**, such as medical expenses, are generally paid in advance by the employer and reimbursed in the later stage, and do not need to be paid to the labor capital himself; If the work-related injury level reaches 10 or above after the labor ability appraisal, the work-related injury insurance** shall pay a one-time disability subsidy, and this part of the fee shall be used to complete the work-related injury appraisal and apply for work-related injury insurance** after paying the expenses, you can go to the company's account in about a month, and when you will transfer it to the work-related injury employee account in the company, it depends on the efficiency of the employer; 3. Part of the expenses paid by the employer are paid on a monthly basis, such as the wages during the period of suspension of work, if the work-related injury level reaches 10 or above after the appraisal of labor ability, the employer shall also pay a one-time disability employment subsidy, which is paid only after the injured employee leaves the company.
Legal basis: Regulations on Work-related Injury Insurance
Article 21 Where an employee suffers a work-related injury and has a disability that affects his or her ability to work after the injury is relatively stable, an appraisal of his or her ability to work shall be conducted.
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 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.
Where the staff of the social insurance administrative department has an interest in the applicant for work-related injury determination, they shall recuse themselves.
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Legal Analysis: Workers' compensation can generally be paid in one to six months. The one-time disability subsidy paid by work-related injury insurance** can be transferred to the company's account in about a month after completing the work-related injury appraisal and applying for work-related injury insurance** to pay the fee.
Legal basis: Article 36 of the Social Insurance Law of the People's Republic of China If an employee is injured in an accident or suffers from an occupational disease due to work-related reasons, and the work-related injury is recognized, he or she shall enjoy work-related injury insurance benefits; Among them, those who lose their ability to work after the appraisal of their ability to work enjoy disability benefits. The determination of work-related injuries and the evaluation of the ability of children in labor infiltration shall be simple and convenient.
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Under normal circumstances, the time for an employee to receive work-related injury compensation is calculated from the date of application for work-related injury determination, and 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, for a total of 95 days. After the injury is stabilized, it takes about 6 months to make an evaluation, and the evaluation conclusion is made within 60 days, which takes a total of 240 days. The workers' compensation department will review and release the loan.
However, the exact time will vary depending on the place where the manuscript is submitted.
Regulations on Work-related Injury Insurance
Article 17. 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 department that reported to the Social Insurance Bank.
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 immediate family members 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, submit an application for recognition of work-related injury to the labor and social security administrative department of the area where the employer is located.
The work-related injury insurance benefits paid by the work-related injury insurance**, the parties submit the information, the business department reviews it, and submits it to the financial department, which is allocated on a monthly basis, and is generally paid within 60 days from the date of submission of the information. >>>More
There is no time limit, if the unit deliberately delays and does not pay, you can go to the local labor arbitration institution to apply for arbitration, and if the arbitration result (this is a win-win situation, because there is a labor ability appraisal result), if the unit still does not pay, then go to the court to apply for enforcement.
If the employer proposes to terminate the labor relationship for a grade 5 work-related injury, the specific compensation standard is related to the work-related injury insurance policies and regulations of the place where the injured person is located, and the number of months of compensation can also be adjusted and formulated by the local province, municipality directly under the Central Government or autonomous region, so it cannot be estimated here, and it is recommended that the injured person call 12333 to consult the work-related injury insurance policies and regulations of the place where the injury is located, and then calculate it by himself. >>>More
About sixty days.
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. If the facts are clear and the rights and obligations are clear, a decision on the determination of work-related injury shall be made within 15 days. >>>More
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! >>>More