What about workers compensation matters, workers compensation matters?

Hello: In the case of your relatives, you should apply for a work-related injury determination, and if you can identify it as a work-related injury, you can enjoy work-related injury benefits. It is recommended to follow the following procedure:

1. If it can be proved that there is an employment relationship with the employer, for example, if the labor contract is not signed, it can also be proved that there is a de facto labor relationship, such as salary slips or cards, work permits, work clothes, recruitment registration forms, attendance records, worker certificates, etc. Your relatives can report directly to the local social security bureau within one year from the date of the accident, and the main materials to be submitted are: proof of labor relationship (including de facto labor relationship), hospital medical records, diagnosis certificate, etc., and fill in the "application form for recognition of work-related injury" provided by the social security bureau as required.

2. After the work-related injury is identified, the application for labor ability appraisal after the ** injury is relatively stable, that is, the disability level is assessed. According to the "Standards for the Appraisal of the Degree of Disability Caused by Work-related Injuries and Occupational Diseases of Employees" (GB T 16180-2006), "those who have no functional impairment after fracture internal fixation" is level 9. So your relative can be rated as low as level nine.

For the third and ninth level of work-related injury benefits, you can read the "Regulations on Work-related Injury Insurance".

1. Medical treatment: Individuals do not bear medical expenses, and those who meet the work-related injury insurance catalogue shall be paid by work-related injury insurance**, and the hospital meal subsidy shall be paid by work-related injury insurance** according to local standards, and nursing expenses shall be paid according to local standards if no one is taken care of by the unit.

2. Suspension of work and pay period treatment: ** work-related injury needs to determine the period of suspension of work and pay, usually issued by the medical institution of ** work-related injury, confirmed by the labor ability appraisal committee, generally not more than 12 months, the original salary and benefits during the period of suspension of work and pay remain unchanged, paid by the unit on a monthly basis.

3. A one-time disability subsidy is paid by work-related injury insurance**: the standard for grade 9 disability is 9 months' salary, and the salary is the average monthly salary for the 12 months before the injury.

4. If the labor relationship is terminated, if your relative's unit is located in Guangdong Province, then, according to the standards of Guangdong Province, a one-time medical subsidy for work-related injuries paid by work-related injury insurance**, and the standard for grade 9 disability is two months' salary; The employer shall pay a one-time disability employment subsidy, and the standard for grade 9 disability is eight months' salary.

If you do not participate in work-related injury insurance, the work-related injury compensation is fully paid by the employer. If there is a dispute with the employer due to work-related injury compensation, you can apply for labor arbitration.

It is advisable to state the details or consult a lawyer in person.

It should be 10 disability, go to the Labor and Social Security Bureau to apply for work-related injury recognition, and after the disability is determined, you can claim to the contracting company including one-time disability subsidy, one-time work-related injury medical subsidy, disability employment insufficiency, etc. In addition, the medical expenses include the cost of removing the steel plate at a later date. Hope it works for you.

Within 30 days from the date of occurrence of the accident injury or the date of diagnosis or appraisal of an occupational disease, the employer shall apply to the labor and social security administrative department of the coordinating area for a determination of work-related injury. If the employer fails to apply for a work-related injury determination in accordance with the provisions of the preceding paragraph, the injured employee, his or her immediate family members, or the trade union organization may, within one year from the date of occurrence of the accident injury or the date of diagnosis, directly apply to the labor and social security administrative department for the place where the employer is located for a work-related injury determination.

Claims include nursing expenses, medical expenses, wages during the suspension period (i.e., lost time pay), transportation expenses, one-time disability allowance, one-time medical allowance for work-related injuries, etc.

The application for work-related injury insurance benefits (compensation) generally requires the employer and the individual to jointly complete the procedures such as injury identification, work-related injury appraisal, and application and payment of work-related injury insurance benefits. It is also affected by factors such as whether the employer participates in work-related injury insurance, whether the employee dissolves or terminates the labor contract, and the employee's own salary level. If the employer has paid the work-related injury insurance premiums in accordance with the law, the work-related injury insurance** shall pay the main project costs of the work-related injury insurance benefits; If the employer fails to pay the work-related injury insurance premiums in accordance with the law, the employer shall pay the work-related injury insurance benefits.

If the employer does not pay, it shall be paid in advance by the work-related injury insurance**.

Social Insurance Act

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 local disability subsidy and a monthly disability allowance for disabled employees 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:

1) Wages and benefits during the work-related injury;

2) The monthly disability allowance received by the fifth- and sixth-grade disabled employees;

3) A one-time disability employment subsidy that shall be enjoyed when the labor contract is terminated or dissolved.

According to the provisions of Article 35 of the Regulations on Work-related Injury Insurance: Employees who are identified as having a disability of grade 7 to 10 due to work-related disability shall enjoy the following benefits: (1) A one-time disability subsidy shall be paid from work-related injury insurance** according to the level of disability, and the standard is:

12 months' wages for Grade 7 disability, 10 months' wages for Grade 8 disability, 8 months' wages for Grade 9 disability, and 6 months' wages for Grade 10 disability; (2) If the labor contract is terminated upon expiration or the employee himself or herself proposes to terminate the labor contract, the employer shall pay a one-time medical subsidy for work-related injuries and a disability employment subsidy. The specific standards shall be prescribed by the people of provinces, autonomous regions and municipalities directly under the Central Government.

According to your description, you can now file a labor arbitration with the arbitration commission to demand the employer to pay the work-related injury compensation loss. In this case, you can unilaterally terminate the labor contract, and in addition to paying you a one-time disability compensation, the employer should also pay a one-time medical subsidy for work-related injuries and a disability employment subsidy in accordance with the relevant regulations of your region.

Go to the Human Resources and Social Security Bureau to complain, in addition, whether to apply for work-related injury identification, how the hospital says when your father's current foot will be able to return to the original, it is best to get written materials.

Go to the local labor bureau to apply for labor arbitration, but you need to prepare a contract or other documents for working in the company.

In current judicial practice, for work-related injuries caused by traffic accidents, the employer only compensates the difference after the traffic accident compensation, and you can unilaterally propose to terminate the labor contract.

You can apply for labor arbitration, but the arbitration commission's statement that the contract will not be terminated is wrong.

1. What should I do now?

Litigation or Arbitration.

2. Can I terminate if I unilaterally request the termination?

Yes, the employer must accept it, there are relevant terms.

3. The employer understands that I will take the arbitration route if I have terminated the contract, will the employer not agree to terminate when I propose to terminate the contract?

Yes, but there is no legal support from the unit.

4. What should I do if I propose to terminate the unit and disagree with me?

Litigation or Arbitration.

Please help with the above! Thank you!

The situation is quite simple, you can go to a law firm, and if you save money, you can find the local social security department, and there are relevant people to solve this kind of thing.

You have a lot of questions

1. The items you can recover include: wages during work-related injuries (the original wages and benefits during work-related injuries remain unchanged, you can check the work-related injury insurance regulations); Food allowance during work-related injuries; a one-time disability grant for grade 8 disability; If he dismisses you, he will pay you a lump sum employment grant.

2. The issue of compensation: the salary is the average of your salary for the 12 months before the injury; The food subsidy is 70% of the food subsidy standard for your company's business trip; The one-time disability allowance for grade 8 is 10 months' salary; A one-time employment subsidy, depending on your province's own regulations

3. If the employer does not pay, it will apply for labor arbitration.

4. You can ask for it, but labor arbitration should not accept it, and you had better file a civil lawsuit.

I don't know why I didn't think about the work-related injury until now, I don't know if you got the work-related injury certificate, whether your appraisal results are out, a year later, the labor department will not accept the work-related injury declaration, you had better get the notice of non-acceptance to the court as soon as possible, I hope you can be satisfied with my answer, if you are talking about the eighth level is the eighth level of work-related injury. Theoretically, your traffic accident is also high enough to only have lost time pay

1. Work-related injury reporting procedures.

This procedure is only available if the employer has taken out work-related injury insurance for the employee at the work-related injury insurance institution.

The employer shall, within 15 days from the date of the occurrence of the work-related accident or the date of diagnosis of the occupational disease, submit a work-related injury report to the local labor administrative department.

II. Procedures for Determining Work-related Injuries.

The procedure for the social insurance agency to investigate and determine whether the work-related injury (death) accident is a work-related injury, which is the first step for general work-related injuries. However, if the employer agrees in writing that it is a work-related injury and does not have work-related injury insurance, it may not go through this procedure.

Pay attention to the two times for the determination of work-related injury: if the employer does not file a work-related injury determination, the injured person must apply to the labor department within one year from the date of the accident. After the investigation and determination of the social security agency, the unit and the injured person shall be notified in writing.

3. Procedures for the appraisal of work-related injuries.

Work-related injury appraisal refers to the act of assessing the disability level of an employee who applies for work-related injury appraisal on the basis of his or her work-related injury determination (i.e., after going through the procedure for determining the completion of the injury) after the completion of his or her medical treatment or the expiration of the medical treatment period. In a broad sense, the appraisal of work-related injuries includes the appraisal of working ability and the appraisal of disability level. In the narrow sense, work-related injury identification refers to the identification of the level of disability.

4. Negotiate compensation procedures.

After the work-related injury is appraised, the amount of compensation can be calculated according to the appraisal standard. If the unit has taken out work-related injury insurance, the national work-related injury insurance agency will directly issue work-related injury insurance benefits according to the standards. If they are not insured (especially at the work-related injury insurance institution), they will negotiate with the employer to settle the matter according to the standards.

5. Labor Arbitration Procedures.

If the dispute cannot be resolved through negotiation with the employer, the arbitration procedure may be initiated in accordance with the labor arbitration regulations.

6. Court proceedings.

Those who are dissatisfied with labor arbitration may file a lawsuit with the court for resolution. Those who are dissatisfied with the judgment of the court of first instance may appeal to the court of second instance in accordance with law.

7. Enforcement Procedures.

If the employer fails to pay the compensation fee after the arbitration or judgment takes effect, it may file an application for enforcement with the court enforcement bureau in accordance with the effective legal documents, and the court will enforce it.

8. Grievance Procedure.

Those who are not satisfied with the effective judgment may apply for the initiation of retrial procedures, but this is generally difficult.

It is advisable to state the details or consult a lawyer in person.

Without explaining the question, God knows what you want to ask

It is advisable to state the details or consult a lawyer in person.

Lawyer Wu Jinxi.