If it is an employment relationship, negotiation will not lead to direct prosecution. If it is a labor relationship, it is an industrial accident. Need to declare work-related injuries, identify work-related injuries, and determine the level of disability. If the employer fails to apply for work-related injury identification, the victim may apply on his own or entrust his relatives to apply.

What is the compensation standard for work-related injuries?

65438+

2 according to the level of disability from the industrial injury insurance fund to pay a one-time disability allowance. The standard is: 27 months' salary for first-degree disability, 25 months' salary for second-degree disability, 23 months' salary for third-degree disability and 2 1 month salary for fourth-degree disability.

Legal basis: Article 2 of People's Republic of China (PRC) Labor Dispute Mediation and Arbitration Law.

This Law is applicable to the following labor disputes between employers and employees in People's Republic of China (PRC):

(1) Disputes arising from the confirmation of labor relations;

(2) Disputes arising from the conclusion, performance, alteration, dissolution and termination of labor contracts;

(3) Disputes arising from delisting, dismissal, resignation or resignation;

(4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training and labor protection;

(five) disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation;

(six) other labor disputes as prescribed by laws and regulations.

essay

To solve labor disputes, we should follow the principles of legality, fairness, timeliness and paying attention to mediation according to facts, and protect the legitimate rights and interests of the parties according to law.