What are the procedures for work related injuries and can I claim compensation?

1.Work-related injury compensation can only be compensated after going through two procedures: work-related injury identification and labor ability appraisal (work-related injury disability level appraisal), and the specific time is not easy to generalize due to regional differences.

2.First of all, it is necessary to apply to the local labor department for work-related injury recognition, which is the premise of all problems, without applying for work-related injury identification, it is impossible to obtain compensation through work-related injury, if the employer does not apply, the individual employee must apply within one year from the date of injury;

3.If the injury is determined to be a work-related injury, after the injury is stabilized, you can apply for a labor ability appraisal to identify the work-related injury level, and then calculate the amount of disability compensation according to the disability level;

4.The compensation standard for work-related injuries is determined in accordance with the Regulations on Work-related Injury Insurance and the relevant provisions of the implementation measures for the implementation of the Regulations on Work-related Injury Insurance issued by various municipalities.

1) The medical expenses shall be paid in full by the employer;

2) During the period of suspension of work and salary (during the period of work-related injury**, **), the salary shall be paid according to the original treatment;

3) The unit is responsible for the need for nursing care during the suspension period;

4) The food subsidy during the hospitalization shall be paid according to the standard of the place where the injured employee is located;

5) If the person is disabled at grade 1-10 after the appraisal of his or her working ability, he or she can also enjoy disability allowance (grade 1-6 disability), one-time disability subsidy, one-time medical subsidy for work-related injury (received after the contract is terminated for grade 5-10 disability) and one-time disability employment subsidy (received after the contract is terminated for grade 5-10 disability).

1. If an employee suffers from a work-related injury or suffers from an occupational disease, the employer shall report to the labor and social security administrative department of the district within 30 days from the date of occurrence of the accident or the date of diagnosis of the occupational disease. If the employer fails to make the declaration in accordance with the regulations, the injured employee, his relatives or the trade union organization may also directly apply to the labor department for recognition of the work-related injury within one year.

2. To submit an application for work-related injury determination, the Application Form for Work-related Injury Determination shall be filled. and submit the following materials:

1. A copy of the Labor Contract or a valid certificate to establish the de facto labor relationship, 2. A copy of the Employee Resident ID Card of the injured employee;

3. Post-injury diagnosis medical record or occupational disease diagnosis certificate (or occupational disease diagnosis and appraisal certificate) issued by a medical institution;

1) During the period of going out for work, due to work reasons, if you are injured by traffic accidents or other accidents, you need to submit such as "work order", "business trip notice", or other "original proof" materials that can prove that you are out for work;

2) If you are injured in a motor vehicle accident while commuting to and from work, you need to submit the schedule of commuting to and from work, and the normal route map from the unit to the employee's place of residence; "Traffic Accident Liability Determination" and "Traffic Accident Damage Compensation Mediation Letter" issued by the public security traffic management department; If an individual drives a motor vehicle and causes a traffic accident, a motor vehicle driver's license is required;

3) If it is a hit-and-run traffic accident, the relevant certificate of the public security traffic management department shall be submitted;

4) If it is a borrowed or labor export personnel, it is necessary to submit the agreement of both parties; Accident investigation report of the borrowing or importing unit; and the employer where the labor relationship is located shall declare and submit the labor contract text or other valid proof of the establishment of the labor relationship; List of labor export employees (subject to confirmation by the seals of both units);

5) If the immediate family member applies for work-related injury recognition on behalf of the employee, a valid certificate of entrustment and proof of immediate family relationship must also be submitted;

6) If the trade union organization of the unit submits an application for work-related injury recognition on behalf of the employee, it is also necessary to submit a letter of introduction from the trade union of the unit and the identity certificate of the handler;

Clause. 1. Procedures for confirming labor relations. Since the employment relationship is a necessary element for the determination of work-related injuries, it is impossible to discuss other procedures for work-related injury cases if the labor relationship cannot be proven.

Therefore, when the employment relationship is not clear, the confirmation of the employment relationship becomes the first step to be followed. Usually, it is confirmed by the labor arbitration commission or the people's court.

Clause. II. Procedures for Determining Work-related Injuries. If the employer does not file a work-related injury determination within 30 days after the occurrence of a work-related accident, the employee can only file a work-related injury determination with the work-related injury determination committee with jurisdiction within one year after the occurrence of the work-related accident.

After the worker submits a work-related injury determination, the work-related injury determination committee has the right to decide whether to accept the work-related injury based on the materials provided by the worker who dismantled the bridge. After being accepted by the work-related injury determination committee, it shall make a work-related injury determination within 60 days. If the decision to recognize it as a work-related injury has been made, then I congratulate you because you have passed the most important step in your workers' compensation case; If not, don't be discouraged, you still have a chance.

Remember, from the day after it is served on you, you can apply for an administrative reconsideration to the people** or the competent department at the next higher level where the work-related injury determination committee is located. In this case, due to the sufficient preparation of evidence and the communication with the work-related injury determination committee, it was passed smoothly.

Clause. 3. Suspension of work with pay. At the same time, according to the definition of the Measures for the Appraisal of the Suspension Period of Work-related Injured Employees in Zhengzhou, the period of suspension of work with pay refers to the period during which the injured employee stops working to accept ** and enjoy the corresponding work-related injury insurance benefits.

The period of suspension with pay includes a period of instability and a period of recovery. Strictly speaking, a period of leave without pay is not a legal procedure. However, due to the fact that it will consume a long time in some cases, and the next step cannot be carried out during the suspension period, it is also written as a program.

The period of suspension with pay is generally not more than 12 months, but the length of the period of suspension with pay can be appraised. Since the period of suspension of work with pay is different for different accident injuries, the length of the period should be determined on a case-by-case basis.

Clause. IV. Labor Arbitration Procedures. Finally, it was determined that it was a work-related injury, and I also got a labor ability appraisal.

Labor arbitration is actually a process of bargaining between an employer and an employee. After the labor dispute arbitration commission accepts the case, the arbitration award shall be made within 60 days after the arbitral tribunal is constituted. If the parties are not satisfied with the arbitral award, they can sue the court within 15 days, and then the case will enter the litigation procedure for workers' compensation.

I thought I saw the light of old age, but unfortunately it was still halfway. In this case, he was stuck halfway through, somewhat helpless. Generally speaking, if the employer of the injured employee has purchased the corresponding work-related injury insurance, then the work-related injury insurance agency is often responsible for the compensation.

Otherwise, the employer will bear the corresponding compensation costs. If you still have any questions about this aspect, you can directly call our professional lawyers.

Legal analysis: After a work-related injury occurs, the employee shall apply to the employer for work-related injury determination, and if the employer does not apply within one month, then the employee can apply to the human resources and social security administrative department for work-related injury determination. After the certificate is issued, if it is confirmed that it is a work-related injury, the injured worker can apply to the Municipal Labor Ability Appraisal Committee for labor ability appraisal after the injury is stable.

The labor ability appraisal requires the original and copy of the application form for labor ability appraisal, the original and copy of the work-related injury determination decision, the complete medical record materials, the original and copy of the ID card, and other materials specified by the labor ability appraisal committee.

The law is based on the pre-excite:

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.

In accordance with the provisions of the first paragraph of this Article, the provincial-level social insurance administrative department shall handle the work-related injury determination 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.

Article 18 The following materials shall be submitted to submit an application for determination of work-related injury:

1) Application form for determination of work-related injury;

2) Proof of the existence of an employment relationship (including a de facto employment relationship) with the employer;

3) Medical diagnosis certificate or occupational disease diagnosis certificate (or occupational disease diagnosis and appraisal certificate).

The application form for determination of work-related injury shall include basic information such as the time, place, and cause of the accident, as well as the degree of injury of the employee. Where the materials provided by the applicant for work-related injury determination are incomplete, the social insurance administrative department shall inform the applicant of all the materials that need to be supplemented and corrected in writing at one time. After the applicant requests to supplement and correct the materials in accordance with the written notice, the social insurance administrative department shall accept it.

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 for repentance, the time limit for making a decision on the determination of work-related injury is suspended during the period when 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.

1. Work-related injury reporting procedures.

2. Procedures for determining work-related injuries.

3. Work-related injury appraisal procedures.

4. Negotiate compensation procedures.

5. Labor arbitration procedure.

6. Court trial procedures.

7. Execution procedures.

8. Grievance procedure.