Compensation standard for industrial injury labor arbitration
1. The main compensation standards for work-related injury insurance benefits are: medical expenses, one-time disability allowance (7-24 months' salary, determined according to the employee's disability grade), one-time employment allowance (determined according to the work-related injury regulations and employee's disability grade of the province where the injured employee is located, and one-time medical allowance (determined according to the work-related injury regulations and employee's disability grade of the province where the injured employee is located). When the labor relationship is terminated), wages during the shutdown period (determined by the notice of conclusion of labor ability appraisal), food subsidies, nursing expenses, transportation expenses, etc. Two, the employer refuses to pay the employee's work-related injury benefits, and the employee may apply for labor arbitration to pay. 1. Go to the Labor Dispute Arbitration Committee of the local Human Resources and Social Security Bureau (commonly known as the Labor Bureau) and apply for labor arbitration. When filing a case, you must bring: two arbitration applications and a copy of the applicant's ID card 1 copy; Copies of relevant evidence and 2 copies of evidence list; The employer industrial and commercial registration information (Beijing, etc.) does not require registration information. ); 2. After submitting the materials, the Arbitration Commission shall file a case within 5 working days, and then give both parties a period of proof and a period of defense; Then hold a hearing, and then mediate between the two sides. If mediation fails, the Arbitration Commission shall issue an award; Labor arbitration is generally closed within 60 days; If the employee refuses to accept the award, he can bring a lawsuit to the court within 15 days after receiving the award. Legal basis: Article 37 of the Regulations on Work-related Injury Insurance and the Regulations on Work-related Injury Insurance of the province where the workers are injured. (1) The industrial injury insurance fund shall pay a one-time disability subsidy according to the disability level, with the standards as follows: level 7 disability 13 months, level 8 disability 1 1 month, level 9 disability for 9 months and level 10 disability for 7 months. (two) the expiration of the labor employment contract, or the employee himself proposes to terminate the labor employment contract, the industrial injury insurance fund pays a one-time medical subsidy for work-related injuries, and the employer pays a one-time disability employment subsidy. Specific standards for one-time medical subsidies for work-related injuries and one-time disability employment subsidies shall be formulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.