Is it okay not to terminate the labor relationship after the arbitration of the work related acciden

Of course, it's two different things.

Yes, the employment relationship will not be terminated, and a one-time employment subsidy will not be claimed.

The medical expenses for work-related injuries are paid by the social insurance agency, and if there is any objection to the treatment approved by the social insurance agency, apply for administrative reconsideration or file an administrative lawsuit; If the employer does not participate in work-related injury insurance, the employer shall pay the medical expenses and apply for labor dispute arbitration in the event of a dispute.

Administrative reconsideration, administrative litigation and labor dispute arbitration business matters have nothing to do with whether or not to terminate the labor relationship, and do not need to terminate the labor relationship.

Regulations on Work-related Injury Insurance

Article 54 Any dispute between an employee and an employer concerning the treatment of work-related injuries shall be handled in accordance with the relevant provisions on the handling of labor disputes.

Article 55: In any of the following circumstances, relevant units or individuals may apply for administrative reconsideration in accordance with law, and may also initiate administrative litigation in the people's courts in accordance with law:

1) The employee applying for a work-related injury determination, his or her close relatives, or the employee's unit is dissatisfied with the decision not to accept the application for work-related injury determination;

2) The employee applying for a work-related injury determination, his or her close relatives, or the employee's work unit, are not satisfied with the work-related injury determination conclusion;

3) The employer is not satisfied with the unit payment rate determined by the handling agency;

4) The medical institution or assistive device allocation body that signed the service agreement believes that the handling agency has not performed the relevant agreement or provisions;

5) The injured employee or his close relatives have objections to the work-related injury insurance benefits approved by the handling agency.

If the dispute over the occurrence of a work-related accident is a labor dispute between the employer and the employee, it can be handled through the following methods: the laborer and the employer negotiate; apply for mediation with a mediation organization; Apply to Luqi Labor Dispute Arbitration Commission for arbitration; If they are not satisfied with the arbitral award, they shall file a lawsuit with the people's court. Where a dispute arises between a party and an administrative organ, it may apply for administrative reconsideration in accordance with law, and may also file an administrative lawsuit in a people's court in accordance with law.

Article 5 of the Law on Mediation and Arbitration of Labor Disputes.

In the event of a labor dispute, if the parties are unwilling to negotiate, fail to negotiate, or fail to perform after reaching a settlement agreement, they may apply to the mediation organization for mediation; If the applicant is unwilling to mediate, fails to mediate, or fails to perform after reaching a mediation agreement, he or she may apply to the Labor Dispute Arbitration Commission for arbitration; If a person is dissatisfied with an arbitral award, he or she may file a lawsuit in the people's court, except as otherwise provided by this Law.

If you are injured during work, the company must compensate for the relevant issues, and the content of the compensation needs to be negotiated and negotiated by both parties to achieve the ultimate goal of both parties, so can you apply for arbitration of work-related injury treatment disputes? If the injured person is not satisfied with the company's compensation, he can apply for arbitration.

Article 2 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes clearly states that Article 2 clearly states.

5) stipulates that disputes arising from work-related injuries, medical expenses, economic compensation or compensation are within the scope of labor arbitration. The relevant provisions are as follows: Article 2 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes shall apply to the following labor disputes between employers and employees 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.

What is the protocol process?

According to Article 4 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes (2008), in the event of a labor dispute, the employee may negotiate with the employer, and may also ask the labor union or a third party to negotiate with the employer to reach a settlement agreement.

Article 5: In the event of a labor dispute, if the parties do not make a judgment to negotiate or fail to negotiate or fail to perform after reaching a settlement agreement, they may apply to the mediation organization for mediation; If the applicant is unwilling to mediate, fails to mediate, or fails to perform after reaching a mediation agreement, he or she may apply to the Labor Dispute Arbitration Commission for arbitration; If a person is dissatisfied with an arbitral award, he or she may file a lawsuit in the people's court, except as otherwise provided by this Law.

Article 43: The arbitral tribunal shall decide a labor dispute case within 45 days from the date on which the labor dispute arbitration commission accepts the arbitration application. If the case is complicated and requires an extension, it may be extended with the approval of the chairman of the labor dispute arbitration commission and the parties may be notified in writing, but the extension period shall not exceed 15 days.

If the arbitral award is not made within the time limit, the parties may file a lawsuit with the people's court on the labor dispute.

When the arbitral tribunal decides a labor dispute case, a part of the facts is already clear and it may make a preliminary decision on that part.

Arbitration includes the following procedures: application - acceptance - respondent's defense - ** - cross-examination, argument - mediation - making an award.

and the employer because of the work-related injury treatment dispute, must first labor arbitration, dissatisfied with the arbitration result before suing.

If you have any objection to the work-related injury insurance benefits of the Social Security Bureau, you can apply for administrative reconsideration to the social security bureau at the same level ** or the social security bureau at a higher level, or directly file an administrative lawsuit.

Labor Dispute Mediation and Arbitration Law

Article 5 In the event of a labor dispute, if the parties are unwilling to negotiate, fail to negotiate or fail to perform after reaching a settlement agreement, they may apply to the mediation organization for mediation; If the applicant is unwilling to mediate, fails to mediate, or fails to perform after reaching a mediation agreement, he or she may apply to the Labor Dispute Arbitration Commission for arbitration; If a person is dissatisfied with an arbitral award, he or she may file a lawsuit in the people's court, except as otherwise provided by this Law.

Social Insurance Act

Article 83 Where an employer or individual believes that the conduct of a social insurance premium collection agency has infringed upon its lawful rights and interests, it may apply for administrative reconsideration or initiate an administrative lawsuit in accordance with law.

1. What are the ways to deal with work-related injury disputes?

1. If you encounter an accident injury in the course of work, you should immediately go to the medical institution that signed the service agreement for medical treatment, and in case of emergency, you can first go to the nearest medical institution for first aid. At the same time, apply to the local labor and social security administrative department for work-related injury recognition in a timely manner. If you have been working in coal mines, quarries or toxic and harmful places for a long time, and you find that you are unwell, you must go to the occupational disease prevention and control institute affiliated to the local health administrative department for diagnosis, and after confirming that it is an occupational disease, you must apply to the labor and social security administrative department for work-related injury recognition.

If an injured employee is not satisfied with the determination of work-related injury by the labor and social security department (if it is not recognized as a work-related injury), he or she may also file an administrative reconsideration within 60 days of receiving the work-related injury determination; Those who are dissatisfied with the reconsideration decision may also file an administrative lawsuit with the local people's court within 15 days.

2. After the sale is recognized as a work-related injury, the work-related injury certificate should be taken to the local labor ability appraisal committee to apply for disability level appraisal. After obtaining the work-related injury certificate and the disability grade appraisal certificate, you can go to the work-related injury insurance agency of the employer or the labor and social security department to receive work-related injury insurance benefits. If the employer does not participate in the work-related injury insurance, the work-related injury insurance benefits shall be paid by the employer.

If the employer participates in the work-related injury insurance, the work-related injury insurance agency shall pay the work-related injury insurance benefits according to the standard from the work-related injury insurance**.

3. If there is no agreement between the employer and the employee on the amount of work-related injury compensation, they may apply for labor arbitration to resolve the dispute.

If the employer or insurance company is unwilling to let the employee enjoy the work-related injury treatment, then the complaint can be written and then filed with the local court with jurisdiction.