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You can talk to the company and ask for a work-related injury determination. If the company does not declare, or exceeds the 30-day period, you can report the work-related injury determination to the local social security department within one year of the occurrence of the work-related injury.
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.
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The regulations on work-related injury insurance stipulate that if an employee is injured in an accident, the unit to which he or she belongs shall, within 30 days from the date of the accident injury, submit an application for work-related injury recognition to the social insurance administrative department of the coordinating region. Twelve days is not overdue.
If the employer fails to submit an application for work-related injury recognition in accordance with the regulations, the injured employee, his close relatives and trade union organizations may directly apply for work-related injury recognition to the social insurance administrative department of the co-ordinating area where the employer is located within one year from the date of occurrence of the accident injury.
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You should go to work, and the company makes you work, that is, you are physically and mentally healthy and can go to work. It is not possible to wait for the work-related injury to be determined, and it is not clear how many days it will take at that time. I go to work first and wait for the conclusion of the decision.
If you are injured at work, you can apply for a work-related injury determination, and there will be a time frame when the conclusion of the determination is released, and it is likely to be less than ten days if it is faster, and it is likely to be close to one month if it is slow. So what should I do if I need to seek medical treatment or can't go to work during this period?
It is important to know here that if you are injured at work, the company will help you apply for the identification of work-related injury, but whether it is considered a work-related injury in the end is based on the conclusion of the determination. If it is determined that it is not a work-related injury, then it can only be regarded as a "non-work-related injury", which is very similar to sick leave. If you are not medically fit to go to work, you can go to the hospital and issue a sick note.
If you refuse to go to work, you can do a disability level appraisal after the work-related injury is identified. Clearly propose the termination of the labor contract to the company.
Clearly propose to pay a one-time disability subsidy, a one-time diagnosis and treatment subsidy, and a one-time re-employment subsidy. In general, the medical treatment period for injured employees shall not exceed 12 months, and it can be extended for 12 months in special cases. During this time, the company does not have the right to terminate the employment contract of the injured employee.
In addition, work-related injury wages and benefits shall be paid if the original salary and benefits will not change. Under normal circumstances, the company needs you to go to work, and your own person in charge is unwilling to go to work, indicating that your injury should not be easy to be serious, and delaying for a while is not the way to deal with the problem.
In the end, if you don't leave your job, it won't be good for yourself in your future work! It is that you need to see the hospital so that you can't open an injury and sick leave note. In accordance with the requirements of the Regulations on Work-related Injury Insurance and the Methods for Determining Work-related Injuries.
It is necessary to pass the work-related injury identification and disability appraisal before the compensation can be clearly determined according to the work-related injury level. The identification of work-related injuries is important, and only when work-related injuries are recognized can they enjoy work-related injury wages. The level of work-related injury can be compared with the requirements of the "Labor Ability Appraisal - Classification of Employees' Work-related Injuries and Occupational Hazards and Disability Levels" based on the results of the diagnosis, and finally the appraisal conclusion made by the appraisal center recognized by the Labor Bureau is used as the standard.
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You can not go, it is a fact that you have been injured, and the company cannot force workers to go to work if you do not come down.
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Yes, because I am still not very good, I still need help, and the company has also violated the rules.
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Yes, you tell the company that you are not feeling well, continue to take leave for a period of time, and wait for the work-related injury to be determined, and then determine the relevant compensation
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According to the Regulations on Work-related Injury Insurance.
You can enjoy the right to leave work without changing the original salary for a period of time, during which the employer will have to extend the salary in full and in a timely manner until you end your injury. If the employer asks you to go home and does not pay you wages or underpays you, the employer violates the laws and regulations, and you can be identified for work-related injuries and labor ability appraisals.
After applying for labor arbitration and paying wages during holidays. Of course, if you don't want to go home, you can also live in the dormitory of the unit, if you live in the dormitory of the unit and ask the employer to pay wages, as soon as possible to handle the work-related injury compensation matters with Cui, and the employer does not pay wages during the shutdown, you can first report to the labor inspection.
Complaints, which are processed more quickly.
<>Of course, it is necessary when you can consider asking a major work-related injury to help you deal with it, there are many accidents that happen in similar work. How to protect work-related injuries and occupational diseases in accordance with the law.
Medical and financial compensation for workers.
It is related to the protection of the legitimate rights and interests of workers. In recent years, the practice of the procuratorial organs has revolved around the thinking of the people, and Wu Shi has developed administrative procuratorial supervision duties in accordance with the law, handled work-related injury cases that are extremely important for administrative confirmation, initiated retrial procedures by submitting procuratorial protests and procuratorial suggestions for retrial, supervised the administration in accordance with the law, and tried the cases by the judicial-administrative organs in accordance with the law, so as to fully protect the legitimate rights and interests of laborers.
In practice, if there is a violation of administrative norms, can it still be recognized as a work-related injury? On July 9, 2012, Huang, deputy general manager of Jiangsu Construction Engineering Co., Ltd., and three other people had a traffic accident on the road to Xuzhou driven by Xiao, Huang and one of them were injured, and the other two died, and Xiao was guilty of traffic accidents.
Sentenced to a penalty. It was determined that Huang was mentally impaired and his personality changed due to his injury. On September 13 of the same year, Huang was injured when he went to Xuzhou on behalf of the company to apply for a work-related injury determination and apply to the local social bureau.
Bidding materials and power of attorney provided by the Human Resources and Social Security Bureau and Huang.
The company seal on the employment contract, the company seal on the employment contract, and the impression of the company in the industrial and commercial sector are not consistent. There is no evidence that Huang was injured at work, and there is no reason why the injury should not be confirmed.
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It depends on the severity of the injury, if the injury is not serious it is reasonable, if the injury is serious, it is not reasonable.
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Unreasonable, when the work-related injury determination has not yet come down, you are still in the process of taking leave with an injury, at this time, if the company invites you to work, you can choose to apply for labor arbitration to protect your own legal rights and interests.
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This matter is unreasonable, and it is illegal to wait for the work-related injury to be determined to return to Dan, and after obtaining the certificate of injury and leakage of the medical hospital, and to prove the truth to the unit, and not to go to work before the results come out.
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The work-related injury appraisal has not yet come down, and the company requires you to go to work, and whether you can not go depends on whether the suspension period has reached the deadline. If the deadline has expired, you only need to go to work in the company, but if it is not full or you still need to continue, you can apply for an extension and do not need to go to work.
Therefore, whether the company needs to go to work depends on whether the suspension period has expired, if it is full, it is necessary to go to work in the company according to the requirements of the leadership, if there is no code or need to continue, you can apply for an extension of the suspension period of pay appropriately. Moreover, the injured employees who are unable to take care of themselves can continue to enjoy the medical treatment of work-related injuries if they need care during the period of suspension with pay, and those who still need to take care of the work-related injuries after the expiration of the period of suspension with pay can also continue to enjoy the medical treatment of work-related injuries. However, the period of suspension with pay is generally not more than 12 months, and if the situation is really serious and it is a special circumstance, it can be appropriately extended, but the extension shall not exceed 12 months.
Therefore, when the work-related injury determination has not yet come down, if the company requires to go to work, it depends on whether the suspension period has expired, and if your body is really unable to continue working, you can choose to apply for an extension of the deadline with the relevant departments. However, if the company requires that the company refuse to go to work on the grounds that it is not in good condition or that the work-related injury determination has not been completed, and after going to work at the company, there is no problem with the work-related injury determination or the physical ability of the employee.
Therefore, whether to go to work in the company, or whether to go to work in the company, is not determined by one's own personal wishes, it depends on the suspension of work and the amount of the period, and it cannot be determined by the work-related injury, and the choice not to go to work is not allowed to come down, because at this stage you still need to go to work, so you don't need to worry about wages or salaries, after all, you enjoy work-related injury treatment, but it does not mean that the salary is still paid according to the previous one. We are all workers, and there must be pressure in the area of funding.
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If you are already in good health and it does not affect your work, then you should go to work. If it affects the work, then of course you can not go.
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Yes, because your body has not recovered well at this time. So at this time, you can choose to take a leave of absence and wait until the work-related injury is recognized.
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Yes, this is mainly chosen by the employee himself, and the employer cannot terminate the contract with the employee during the work-related injury determination period.
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If the work-related injury determination has been issued, but the employer does not give it to the employee, the employee may seek it through the following methods: negotiate with the employer; Apply for mediation to the grassroots people's mediation organization, the enterprise labor dispute mediation committee, or the organization with labor dispute mediation functions established in townships and neighborhoods; If the mediation fails, Mu Shiju applies to the Labor Dispute Arbitration Commission for arbitration; Dissatisfied with the arbitral award, file a lawsuit with the people's court.
[Legal basis].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.
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The work-related injury certificate shall be delivered within 20 days, and the prescribed time limit shall not be exceeded. The social insurance administrative department shall, within 60 days from the date of accepting the application for recognition of work-related injury, make a decision on the determination of work-related injury, and issue a "Decision on Determination of Work-related Injury" or "Decision on Non-recognition of Work-related Injury". Article 19 of the Regulations on Work-related Injury Insurance After accepting an application for work-related injury determination, the social insurance administrative department may, according to the needs of the review, investigate and verify the accident injury, and the employer, employee, trade union organization, medical institution and relevant departments shall assist in the search of the door.
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 who apply for work-related injury determination in writing and the position where the employee is located. 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.
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If you don't report a work-related injury, you can still report it after more than ten days. According to the laws of our country, the unit shall submit an application for recognition of work-related injury to the social insurance administrative department of the coordinating area within 30 days from the date of the accident or the date of diagnosis and identification of the occupational disease. 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 on which the employee is diagnosed and appraised as an occupational disease, submit an application for recognition of work-related injury to the social insurance administrative department of the area where the employer is located.
[Legal basis].
Article 4 of the Measures for the Determination of Work-related Injuries? 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 administrative department of social insurance in 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.
Where an application for determination of work-related injury shall be submitted to the provincial-level social insurance administrative department in accordance with the provisions of the preceding paragraph, it shall be submitted to the social insurance administrative department of the districted city level where the employer is located in accordance with the principle of territoriality.
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If the employer refuses to pay the work-related injury benefits, the employee may apply to the Labor Dispute Arbitration Commission for labor arbitration if the employer refuses to pay the work-related injury benefits.
1. How to apply for compensation after work-related injury appraisal.
The employer has paid work-related injury insurance: apply to the Human Resources and Social Security Bureau to receive work-related injury benefits paid by work-related injury insurance**; At the same time, the employer is required to pay the rest of the workers' compensation. The employer has not paid work-related injury insurance
The employer shall bear all the work-related injury compensation benefits. If the employer refuses to pay the work-related injury compensation that it should pay, the employee shall apply to the labor dispute arbitration commission for labor arbitration.
2. What should I do if the company finds a reason to deduct money after resignation?
If the employer deducts the employee's wages after the expiration of the resignation, the employee may file a complaint with the local labor inspection department or apply for labor arbitration. 1. If you work for an employer, there are two ways to request payment of wages: 1. The worker can file a complaint with the labor inspection of the local labor bureau; Pros:
It's simple. Disadvantages: Enforcement may not be very strong in various places; 2. You can apply for arbitration at the local labor bureau (labor dispute arbitration committee of the human resources and social security bureau) and demand the payment of wages.
If you do not have an employment contract, you can demand double the wages of the unsigned employment contract. If the termination of the employment relationship is based on arrears of wages, the employee may also be required to pay severance payments. Pros:
In addition to wages, Shuyin can also claim economic compensation, double wages, etc., and generally can be finally resolved; Disadvantages: Applying for labor arbitration is a labor lawsuit, with slightly more procedures and professional guidance.
3. Can I find arbitration if I don't pay compensation for layoffs?
They may apply for labor arbitration.
According to the provisions of the Labor Contract Law, if an employer legally lays off employees, it shall calculate and pay severance based on the average salary of the employee based on the number of years of service for the employer and the 12 months prior to the termination or termination of the employment contract. If the employer fails to pay the severance in full, the employee may apply to the local labor dispute arbitration commission for labor arbitration in accordance with the provisions of the Labor Dispute Mediation and Arbitration Law.
Article 2 of the Law on Labor Dispute Mediation and Negotiation provides that 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. It's all over the place.
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