Compensation for work-related injuries includes treatment fees, rehabilitation fees, living expenses during hospitalization, and one-time disability subsidies and corresponding levels of allowances paid by the work-related injury insurance fund. The unit pays the wages of employees during work-related injuries, as well as one-time disability employment subsidies, and one-time medical subsidies are determined according to local regulations.
Work-related injury compensation application process 1, work-related injury declaration process. This procedure can only be handled if the employer has already handled work-related injury insurance for the workers in the work-related injury insurance institution. The unit shall submit the work-related injury identification report to the local labor administrative department within 15 days from the date of work-related injury accident or occupational disease diagnosis.
2. Work-related injury identification procedures. It is a procedure and the first step for social insurance agencies to investigate work-related (death) accidents and determine whether they belong to work-related injuries. However, if the employer recognizes the work-related injury in writing and fails to apply for work-related injury insurance, it may not be handled according to this procedure. Pay attention to two work-related injuries: if the unit does not mention work-related injuries, the injured person must apply to the labor department within one year from the date of the accident. After investigation and identification, the social security agency shall notify the unit and the injured person in writing.
3. Work-related injury identification procedures. Work-related injury identification refers to the behavior of the labor appraisal committee at or above the county level to evaluate the disability level of the employees who apply for work-related injury identification on the basis of work-related injury identification (that is, after completing the work-related injury identification procedure). In a broad sense, industrial injury appraisal includes labor ability appraisal and disability grade appraisal. In a narrow sense, industrial injury appraisal refers to disability grade appraisal.
4. Negotiating compensation procedures. After the work-related injury appraisal, the compensation amount can be calculated according to the appraisal standard. If the unit has invested in industrial injury insurance, it shall be paid directly by the national industrial injury insurance institution according to the standard. If there is no insurance (especially in industrial injury insurance institutions), it shall be settled through consultation with the employer according to the standards.
5. Labor arbitration procedure. If no settlement can be reached through consultation with the employer, arbitration proceedings may be initiated in accordance with labor arbitration laws and regulations.
6. Court proceedings. If you are dissatisfied with the labor arbitration, you can bring a lawsuit to the court for settlement. Anyone who refuses to accept the judgment of the court of first instance may appeal to the court of second instance according to law.
7. Implementation procedures. After the arbitration or judgment comes into effect, if the employer fails to pay the compensation fee, it may apply to the executive board of the court for enforcement according to the effective legal documents, and the court will enforce it.
8. Complaint procedure. If you are dissatisfied with the effective judgment, you can apply to start the retrial procedure, but this is generally difficult.
Legal basis: Article 56 of the Regulations on Industrial Injury Insurance. In violation of the provisions of Article 12 of these regulations, units or individuals misappropriate work-related injury insurance funds, which constitutes a crime, and shall be investigated for criminal responsibility according to law; If it does not constitute a crime, it shall be punished or disciplined according to law. The misappropriated fund shall be recovered by the administrative department of social insurance and incorporated into the industrial injury insurance fund; Confiscated illegal income shall be turned over to the state treasury according to law.