If the left pin bone is crushed and the work related injury is not determined, can it apply for labo

If the work-related injury has not been determined, the application for labor dispute arbitration will not be supported.

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 and obtain legal support in the event of a dispute after suffering an accident.

If an employee suffers a fracture of his left clavicle due to a work-related injury, and has a dispute with the employer without a work-related injury, he or she shall apply for labor dispute arbitration according to the work-related injury, and the labor dispute arbitration committee will not support the employee's claim.

Employees shall first apply for work-related injury determination, and then apply for labor ability appraisal, claim work-related injury insurance benefits according to the appraisal conclusions, and may apply for labor dispute arbitration to protect their rights in the event of a dispute with the employer.

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 Treatment of Occupational Diseases, the unit to which he 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 region. 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.

Yes, but there is a time limit.

If the employer fails to submit an application for recognition of work-related injury in accordance with the regulations, the employee, 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 human resources and social security bureau of the district or county where the employer is located.

This should be possible to only apply for labor arbitration Apply for labor arbitration A person can also share information Apply for a gap in industry and commerce will give you business This is okay There is a meeting You can participate in it So you can do this in the back Anyway, this is also going to live in the back If he doesn't recognize your labor relationship, then you can only engage in labor arbitration This is the relationship between a squadron in the back I think it can be done.

If there is no determination of work-related injury, labor dispute arbitration cannot be applied for work-related injury compensation.

The determination of work-related injury is the basis for confirming the nature of the accident injury suffered by the employee and enjoying the work-related injury insurance benefits. According to the Regulations on Work-related Injury Insurance, the social insurance administrative department is responsible for the determination of work-related injuries. If the worker applies to the labor dispute arbitration commission for arbitration of work-related injury insurance benefits without making a determination of work-related injury, the labor dispute arbitration commission shall rule not to accept it.

If a work-related injury treatment is required, a work-related injury appraisal should be done first.

1. In the event of a work-related injury, if the work-related injury is not determined, there is no legal basis to apply for labor arbitration to claim compensation.

2. Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes Article 2 This Law shall apply to the following labor disputes between employers and workers within the territory of the People's Republic of China:

1) Disputes arising from the confirmation of labor relations;

2) Disputes arising from the conclusion, performance, modification, rescission and termination of labor contracts;

3) Disputes arising from removal, dismissal, resignation, or resignation;

4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training, and labor protection;

5) Disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, etc.;

6) Other labor disputes as stipulated by laws and regulations.

Article 28 The claimant shall submit a written application for arbitration and submit a copy according to the number of respondents.

The statement of claim for arbitration shall contain the following particulars:

1) The name, gender, age, occupation, work unit and domicile of the worker, the name and domicile of the employer, and the name and position of the legal representative or principal responsible person;

2) the claim for arbitration and the facts and reasons on which it is based;

3) Evidence and evidence**, names and addresses of witnesses.

If it is really difficult to write an arbitration application, it may apply orally, and the labor dispute arbitration commission shall record it in the record and inform the other party.

Labor arbitration is a pre-litigation procedure for your labor disputes, and it is also a quasi-judicial procedure. To put it bluntly, even if you go to court, you must go through the arbitration procedure. If neither party appeals, then the arbitral award has the same legal effect as a court document.

Generally, the determination of work-related injuries is generally handled by the arbitration and social security departments at the municipal level. However, the first step is to confirm the employment relationship.

Hello, to the problem you described, the lawyer replied as follows:

First of all, apply for a work-related injury appraisal, and after confirming the disability level, it is the basis for confirming the compensation. Refer to Article 18 of the Regulations on Work-related Injury Insurance.

Second, the main scope of claims includes medical treatment for work-related injuries, one-time disability allowance, hospital meal subsidy, assistive devices, original salary and benefits during the medical treatment period, living care expenses, etc.

Third, compensation shall be made with reference to Articles 33, 34, 35, 36, 37, 38, 39 and 40 of the Regulations on Work-related Injury Insurance.

Fourth, if the negotiation fails, bring the relevant materials to the labor inspection department to complain, or directly go to the labor arbitration commission where the unit is located to file labor arbitration. Blessing!

This is once again a work-related injury fact, all you have to do is apply for arbitration! The unit also has the right to disagree with the arbitration conclusion, but it just wants to delay time!

Disputes arising from work-related injury insurance benefits fall within the scope of labor disputes and shall be applied to the local labor dispute arbitration commission for arbitration.

1. After the work-related injury is determined, you can now apply for labor arbitration and claim work-related injury benefits in accordance with the relevant provisions of the "Regulations on Work-related Injury Insurance".

2. Since the unit has been reconsidered, it will not be recognized.

3. Whether the employer pays work-related injury insurance does not affect your right to compensation and enjoyment of benefits.

4. Labor cases are adjudicated first and then adjudicated, and you can only apply for labor arbitration first.

Beijing Borong Law Firm.

Work-related injury is a very professional legal procedure, and the legal quality of the personnel handling it is required to be high, so it is not a few words that can be explained, it is best to find a client, otherwise.

1.Take up your own time.

2.Due to lack of understanding of arbitration and litigation rules, victory and defeat are not guaranteed.

3.The amount of compensation is generally less.

I am in Beijing, and I receive legal aid for work-related injuries, and I can pay ** fee after receiving compensation!

Guangdong lawyer Hu:

1. Apply for labor arbitration within 60 days with the results of the work-related injury determination;

2. After the arbitral award is issued, the employer is dissatisfied with the result and appeals to the court within 15 days, and the unit has the right to request a re-determination of the work-related injury, which is the right of the unit.

You don't have to worry about these, as long as you are sure that it is a work-related injury, the unit will undoubtedly compensate, and the unit will appeal or re-identify the work-related injury, these will not change anything, but if you want to get compensation steadily, it is best to hire a lawyer, otherwise you do not understand the relevant laws, and you will still suffer a little.

1 Hello all! After the labor bureau accepts the application, the work-related injury determination shall be completed within 60 working days, and if there is no application for reconsideration within 60 days, the determination shall be successful.

Hello, to the problem you described, the lawyer replied as follows:

First of all, the compensation for personal injuries caused by traffic accidents must first have an accident liability determination issued by the traffic police department, which is the beginning of all the basis for compensation.

Secondly, for personal injuries caused by traffic accidents, the main scope of compensation includes medical expenses, hospitalization expenses, nursing expenses, nutrition expenses, lost work expenses, one-time disability allowance, mental damages, etc. The foundation is based on the identification of the disability level. Disability level assessment is carried out by a specialized appraisal agency.

Third, after the disability level is confirmed, the compensation liability is determined based on the average salary of the local employee in the previous year, as well as the age and household registration of the victim.

Fourth, if a personal accident is caused by a traffic accident, a lawyer can be hired, and the lawyer's fees will also be borne by the losing party in the future. Blessing!

Reimbursement and recognition procedures for work-related injuries should generally be completed at the place where the company is registered, so I think you should go to Fengtai.

It depends on which district your company has given you social security, it should be in Fengtai.

If there is no sufficient evidence to prove the existence of an employment relationship with the employer, or if the employer denies the employment relationship, it is necessary to apply for labor arbitration to confirm the employment relationship, and after confirming the existence of an employment relationship, it can apply for a determination of work-related injury, and there is no other need to apply for arbitration.

If there is a dispute with the employer due to a work-related injury, labor arbitration is required.

Otherwise, arbitration is generally not required.

If the objection to the result of the labor determination is not a labor dispute, there is no need for arbitration, and direct litigation is sufficient.

1. The identification of work-related injuries must be issued by the unit or the unit applies to the labor administrative and social security department of the district to do the identification of work-related injuries, 2. Employee injuries are generally submitted to the labor administrative and social security department of the district within one month, and now you have been injured for more than three months, and the unit obviously does not want to give you a work-related injury identification, the reason may be that you have not signed a contract or have not paid work-related injury insurance premiums, etc., 3. You can go to the local labor and social security department or the labor inspection brigade to complain or reflect your situation, See what they do, (for your reference).