How to deal with the work-related injury boss's delay in compensation

I Injury on-the-Job How to deal with the boss's delay

If it is an employment relationship and the negotiation fails, it will be sued directly. If it is Labor relations , belongs to Industrial accident 。 It is necessary to declare industrial injury Identification of work-related injuries , OK Disability level 。 The employer didn't apply Identification of work-related injuries The victim can apply for it by himself or by entrusting relatives. If employees or close relatives think it is an industrial injury and the employer denies it, the employer shall bear the burden of proof. If the employer does not have a strong certificate, it shall admit the work-related injury. The work unit shall assume the responsibility of the party concerned after the worker has successfully applied for the identification of work-related injury Medical expenses The cost of lost time and transportation includes the cost of identification of work-related injuries. If the unit does not pay, the parties can sue through labor arbitration or the court, and the relevant departments will force the unit to implement.

Pass first Labor dispute arbitration Deemed to exist Factual labor relations ; After confirming the labor relationship, apply for confirmation as work-related injury, including those that may occur after confirmation litigation ; Conduct labor skill appraisal to assess the disability level; According to the appraisal results, claim for compensation for work-related injuries and submit to arbitration. There are two different schemes for compensation claims, namely, whether to terminate employment or not, and different claims are proposed.

2、 What to do if the company does not apply for work-related injury identification for employees according to regulations

1. The labor relations are clear, such as Labor contract The injured workers or their close relatives may directly make overall plans for the area where the employer is located social insurance The administrative department shall apply for recognition of work-related injuries.

2. If the labor relationship is not clear, for example, the employer does not recognize the labor relationship, it can Apply for labor arbitration Confirm the actual labor relations, and then the injured employees or their close relatives entrusted by them directly apply to the social insurance administrative department of the overall planning area where the employer is located for the identification of work-related injuries. (If it is not labor relations, it is Labor relations Directly to the court Personal injury compensation 。)

The administrative department of labor security will make a decision on the determination of work-related injury within 60 days from the date of accepting the application for determination of work-related injury.

When an employee is identified as an industrial injury, and after treatment, the injury is relatively stable, there is a disability that affects his/her ability to work, he/she shall Appraisal of labor capacity 。 The labor dysfunction is divided into ten levels of disability, the most serious is Level 1, and the least serious is Level 10.

3. Negotiate with the employer after determining the industrial injury. If the unit and the injured worker or the worker's family members can negotiate after it is determined that the injury is an industrial injury, the amount and scope of compensation shall be negotiated between both parties. The unit has fulfilled the obligation of compensation, and the victim does not need to go through other procedures.

4. If no agreement can be reached through consultation and no agreement can be reached between the two parties, the laborer can apply to the labor arbitration committee in the place where the employer is located for arbitration, and shall obey the verdict of no longer bringing a lawsuit to the court.

After the work-related injury, the work-related injury identification shall be carried out within the specified time, and then permanent disability Level appraisal, and finally ask for certain compensation from the company. When the company boss does not make compensation, he can properly take legal tools to safeguard his legitimate rights and interests. How to deal with and operate after work injury? It is recommended to go to the law firm to lawyer We will provide you with free legal help and bring the existing materials.

From the above contents, we can know how to deal with the problem that the boss of work-related injury does not pay compensation. In real life, we may face many legal problems, so we should learn more about legal knowledge, so that we can better solve these problems through law.