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How long is the time limit for arbitration of industrial injury determination?

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How long is the time limit for arbitration of industrial injury determination?


        

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  • 2024-06-10 09:00:48

    The limitation period for appraisal of industrial injury arbitration is one year, within which workers can file their own claims. The limitation period for arbitration is generally calculated from the day when the parties know or should know that their rights have been violated; So as to protect the legitimate rights and interests of workers.

    List of contents of this article:

    1. How long is the time limit for appraisal of industrial injury arbitration? 2. What is the level of industrial injury appraisal for a 5cm tear in a person? 3. What are the items and standards of industrial injury compensation in 2020?

    How long is the time limit for appraisal of industrial injury arbitration?

    One year; Article 27 of the Labor Dispute Mediation and Arbitration Law, the limitation period for applying for arbitration of labor disputes is one year. The limitation period for arbitration shall be counted from the date on which the parties knew or should have known that their rights had been infringed.

    The limitation of time for arbitration prescribed in the preceding paragraph shall be interrupted when one party claims rights from the other party, or requests relief from the relevant department, or the other party agrees to perform its obligations. The limitation period for arbitration shall be recalculated from the time of interruption.

    If the parties are unable to apply for arbitration within the time limit for arbitration specified in the first paragraph of this Article due to force majeure or other justified reasons, the time limit for arbitration shall be suspended. The limitation period for arbitration shall continue to count from the date when the reason for suspending the limitation period is eliminated.

    If a dispute arises due to the arrears of labor remuneration during the duration of the labor relationship, the laborer's application for arbitration shall not be subject to the limitation period for arbitration as stipulated in the first paragraph of this article; However, if the labor relationship is terminated, it shall be proposed within one year from the date of termination of the labor relationship.

    What is the level of industrial injury appraisal for a 5cm tear in a person?

    Generally, it can be identified as Level 10, and the specific situation depends on the actual situation. Industrial injury identification is the act of identifying the matters related to industrial injury by the labor ability appraisal committee above the city divided into districts after the medical treatment is completed or the medical treatment period expires, on the basis that the employee applying for industrial injury appraisal is identified as an industrial injury. The scope of industrial injury appraisal includes: appraisal of labor capacity, appraisal and confirmation of downtime and wage period, appraisal of nursing grade, appraisal of configuration of disability aids, etc. Labor capacity appraisal, also known as labor appraisal, refers to the identification and assessment of the medical ability of workers in the production work, when they are partially, mostly or completely disabled due to various reasons. Generally, the appraisal of labor capacity in China is only responsible for the appraisal of labor capacity caused by work-related injuries or diseases.

    What are the items and standards of industrial injury compensation in 2020?

    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.

    z***

    2024-06-10 09:00:48

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