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How to deal with industrial injury insurance disputes?

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How to deal with industrial injury insurance disputes?


        

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  • 2024-06-10 09:00:48

    The handling of industrial injury insurance disputes should be determined according to the subject of the dispute. If industrial injury insurance disputes occur between industrial injury workers and social insurance institutions, administrative reconsideration or administrative litigation can be applied for; If a dispute arises between a worker and an employer, it may be settled through consultation, arbitration or litigation.

    List of contents of this article:

    1. How to deal with industrial injury insurance disputes? 2. How to deal with industrial injury disputes? 3. The injured employee must have a labor relationship with the employer (signing a labor contract or having a de facto labor relationship).

    How to deal with industrial injury insurance disputes?

    If a work-related injury insurance dispute occurs between the relevant unit or individual and the social security agency, such as disagreeing with the treatment of work-related injury insurance, an administrative reconsideration or an administrative lawsuit should be applied for according to law. If there is a dispute between a unit and an individual, it can be settled through negotiation, arbitration, etc.

    Under any of the following circumstances, the unit or individual concerned may apply for administrative reconsideration according to law, or file an administrative lawsuit with the people's court according to law:

    1. The employee or his close relatives who applied for the determination of work-related injury, or the unit to which the employee belongs, are not satisfied with the decision not to accept the application for the determination of work-related injury;

    2. The employee or his close relatives who applied for identification of work-related injury, or the employer of the employee, are not satisfied with the conclusion of identification of work-related injury;

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

    4. The medical institution that has signed the service agreement or the institution that allocates auxiliary devices considers that the handling institution has not fulfilled the relevant agreements or provisions;

    5. The injured workers or their close relatives have objections to the industrial injury insurance benefits approved by the agency.

    How to deal with industrial injury disputes?

    In case of industrial injury or occupational disease, the following procedures shall be followed:

    1. Conduct work-related injury identification. The Employer shall, within 30 days from the date of occurrence of the accident injury or the date of being diagnosed and identified as an occupational disease, apply to the labor and social security administrative department of the overall planning area for identification of work-related injury; If the employer has not applied for recognition of work-related injury, the injured employee and his/her immediate family members and trade union organization may apply within one year.

    2. If the determination of industrial injury is inconsistent, administrative reconsideration or administrative litigation may be filed.

    3. After the injury is relatively stable, if there is a disability that affects the ability to work, you can apply to the labor ability appraisal committee of the city divided into districts for labor ability appraisal, which includes labor dysfunction and living disability.

    4. If the unit or individual applying for appraisal is not satisfied with the appraisal conclusion made by the labor capability appraisal committee of a city divided into districts, it may, within 15 days from the date of receiving the appraisal conclusion, apply to the labor capability appraisal committee of a province, autonomous region or municipality directly under the Central Government for another appraisal. The conclusion of labor capacity appraisal made by the labor capacity appraisal committee of a province, autonomous region, or municipality directly under the Central Government shall be the final conclusion.

    5. Compensation shall be made according to the level of disability appraisal and the provisions of laws.

    6. If the situation changes within one year after the appraisal conclusion is made, you can apply for reexamination and appraisal of labor capacity and make compensation according to the new appraisal conclusion.

    The injured employee must have a labor relationship with the employer (signing a labor contract or having a de facto labor relationship).

    According to the provisions of the Notice of the Ministry of Labor and Social Security on Matters Related to the Establishment of Labor Relations, the employer can refer to the following vouchers when determining whether there is a labor relationship between the two parties without signing a labor contract with the worker:

    1. Salary payment certificate or record (payroll of employees), record of payment of various insurance premiums;

    2. The work card, service card and other certificates issued by the employer to the workers that can prove their identity;

    3. Employment records such as recruitment registration form and application form of the employer filled by the laborer;

    4. Attendance records;

    5. Testimony of other workers, etc.

    The employer shall bear the burden of proof for the relevant vouchers in Items 1, 3, 4 and 4. If a dispute arises between a worker and an employer over whether there is a labor relationship, they may apply to the labor dispute arbitration committee with jurisdiction for arbitration.

    If there is any unclear or new situation, we suggest you directly ask questions online to understand the situation of the communication case. The idle lawyers of the intelligent matching platform will give you detailed and targeted answers, and try to explain the general situation to avoid incorrect answers due to incomplete information and poor communication. I wish success in safeguarding human rights.

    One***

    2024-06-10 09:00:48

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