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If an employee is injured in an accident at work, it should be done in accordance with the work-related injury process.
The work-related injury process is as follows:
1. Timely delivery to the hospital**.
2. Apply for work-related injury recognition. The employer shall apply within one month after the accident occurs, and if the employer fails to apply on time, the employee may apply for a work-related injury determination within one year after the accident.
3. ** and rest period. During the period when the employee is in the hospital** and resting, the employer pays the employee's salary on a monthly basis, and the salary remains unchanged.
4. Labor ability appraisal. Employees can apply for disability appraisal after reaching a certain period of medical treatment.
5. Review of work-related injury benefits. Employees can apply for work-related injury benefits, reimbursement of medical expenses and one-time disability allowance after the completion of the ** or labor ability appraisal.
6. When the employee terminates the labor relationship with the unit, the employer shall pay a one-time employment subsidy to the disabled and a one-time medical subsidy to the social security.
In accordance with the 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.
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.
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It is best to negotiate a solution. If you do not cooperate in the arbitration, it will take a long time.
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Legal Analysis: Application for Labor Dispute Arbitration. Labor dispute arbitration shall be under the jurisdiction of the labor dispute arbitration commission at the place of domicile (place of registration) of the employer's family source unit and the place of performance of the labor contract (place of work-related accidents), and the application for labor dispute arbitration shall submit an arbitration application and a copy according to the number of respondents, and one copy of the applicant's ID card; 2 copies of relevant evidence and a list of evidence; In some areas, it is also necessary to provide the business registration information of the employer.
Legal basis: Article 54 of the Regulations of the People's Republic of China on Syndicate Disorderly Injury Insurance Disputes between employees and employers over work-related injury benefits shall be handled in accordance with the relevant provisions on the handling of labor disputes.
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1.Personally, I feel that there is no need to file a lawsuit, first of all, I must go to the local labor department to apply for a work-related injury determination, which is very critical and the premise of all problems.
2.If the injury is determined to be work-related injury, after obtaining the work-related injury determination decision issued by the labor department, the medical expenses shall be paid in full by the employer, and the wages during the period of suspension of work (work-related injury **, **) shall be paid according to the original treatment. If you need nursing care during the suspension period, the unit will be responsible for it, and the food allowance during the hospitalization period will be paid according to your local standard;
3.After the injury is stabilized, you can apply for a labor ability appraisal to determine the level of work-related injury, and then claim disability compensation from the employer according to the level of disability;
4.If the employer does not fulfill the above obligations, you can go to the local labor inspection brigade to complain or directly go to the labor arbitration commission to apply for arbitration to protect your legitimate rights and interests.
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Process for Workers' Compensation: Work-related Injury Reporting Procedures; Procedures for determining work-related injuries; work-related injury appraisal procedures; negotiate compensation procedures; labor arbitration proceedings; court proceedings; execution of procedures; Grievance procedure.
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Work-related injury disputes refer to a series of disputes caused by injuries suffered by workers in the course of work. For example, disputes over the identification of work-related injuries, labor ability appraisal, and work-related injury insurance benefits. In work-related injury disputes, multiple entities such as labor administrative departments, employers, and employees are involved, and the legal relationship is relatively complex.
Therefore, in order to fully protect the legitimate rights and interests of all parties involved in work-related injury disputes, especially the legitimate rights and interests of injured employees and their relatives, China's relevant laws and regulations provide for a variety of ways to resolve work-related injury disputes. So, what are the problems in the process of resolving work-related injury disputes, and how to use the law to reasonably resolve work-related injury disputes? 118105
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Case acceptance fees shall be paid in accordance with the following standards: (1) Property cases shall be paid cumulatively according to the following proportions according to the amount or value of the litigation claim: 1
If it does not exceed 10,000 yuan, 50 yuan per Mingbi piece shall be paid; 2.The part exceeding 10,000 yuan to 100,000 yuan shall be paid according to the payment; 3.The part exceeding 100,000 yuan to 200,000 yuan shall be paid according to 2; Search 4
The part exceeding 200,000 yuan to 500,000 yuan shall be paid according to the payment; 5.The part exceeding 500,000 yuan to 1 million yuan shall be paid according to 1; 6.The part exceeding 1 million yuan to 2 million yuan shall be paid according to the payment; 7.
The part exceeding 2 million yuan to 5 million yuan shall be paid according to the payment; 8.The part exceeding 5 million yuan to 10 million yuan shall be paid according to the payment; 9.The part exceeding 10 million yuan to 20 million yuan shall be paid according to the payment; 10.
The part exceeding 20 million yuan shall be paid according to the payment. (2) Non-property cases shall be paid in accordance with the following standards: 1
Divorce cases are subject to a fee of $50 to $300 per case. If the division of property is involved, and the total amount of property does not exceed 200,000 yuan, no additional payment shall be made; The part exceeding 200,000 yuan shall be paid according to the payment. 2.
In cases of infringement of the right to name, title, portrait, reputation, honor and other personality rights, 100 to 500 yuan shall be paid for each case. If the amount of compensation does not exceed 50,000 yuan, no additional payment shall be made; The part exceeding 50,000 yuan to 100,000 yuan shall be paid according to 1; The part exceeding 100,000 yuan shall be paid according to the payment. 3.
For other non-property cases, 50 to 100 yuan per case shall be paid. (3) In civil cases of intellectual property rights, where there is no amount or value in dispute, 500 to 1,000 yuan shall be paid for each case; Where there is a disputed amount or price, it is to be paid in accordance with the standards for property cases. (4) Labor dispute cases: 10 yuan per case.
5) Administrative cases shall be paid in accordance with the following standards: 1100 yuan for each trademark, patent, and maritime administrative case; 2.
For other administrative cases, 50 yuan shall be paid for each case. (6) If the parties raise an objection to the jurisdiction of the case, and the objection is not sustained, they shall pay 50 to 100 yuan for each case. The people of provinces, autonomous regions, and municipalities directly under the Central Government may, in light of the actual local conditions, formulate specific payment standards within the range provided for in items (2), (3), and (6) of this article.
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If there is a dispute over workers' compensation, then it is necessary to conduct labor arbitration first, and if there is an objection after the arbitration, you can file a lawsuit with the court.
In accordance with the Law 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.
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According to the regulations on work-related injury insurance, it is necessary to apply for work-related injury recognition first, and the compensation amount can only be finalized after waiting for the labor ability appraisal level.
1. To apply to the Human Resources and Social Security Bureau for the recognition of work-related injury, the company needs to declare within one month of the accident, if the company does not apply, the injured employee or his close relatives shall apply for recognition within one year. Materials to be submitted: application form for work-related injury determination, proof of labor relationship with the employer, medical diagnosis certificate, etc.;
2. If there is a disability that affects the ability to work after the injury is relatively stable, the applicant shall apply for labor ability appraisal and submit an application to the labor ability appraisal committee of the city divided into districts;
3. According to different disability levels, the compensation obtained is different. The main compensation is: medical expenses, one-time disability allowance, one-time employment allowance, one-time medical allowance, salary during the period of leave of absence, food allowance, nursing expenses, etc.
4. There are many procedures for protecting the rights of work-related injuries, if you are not familiar with it, it is best to entrust a lawyer**. You can go to a local law firm to go through the entrustment procedures.
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If the work-related injury determination and labor ability appraisal have been completed. The workers' compensation process is much simpler.
The compensation standard varies slightly from place to place, and should be calculated based on age, salary, and region.
It is advisable to consult a local lawyer.
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