1. Procedures for confirming labor relations
Most industrial injury cases have the problem of unclear labor relations. Because labor relations are the essential elements of work-related injury identification, it is impossible to talk about other procedures of work-related injury cases without proving labor relations. So in the case of unclear labor relations, the confirmation of labor relations has become the first step.
It is usually confirmed by the labor arbitration commission or the people's court (if the court accepts and rejects the application on the grounds of labor dispute).
2. Work-related injury identification procedures.
If the employer fails to put forward the work-related injury identification within 30 days after the work-related injury accident, the employee can only put forward the work-related injury identification to the competent work-related injury identification committee within one year after the work-related injury accident. After the worker puts forward the work-related injury identification, the work-related injury identification committee has the right to decide whether to accept it according to the materials provided by the worker. The work-related injury identification committee shall make a work-related injury identification within 60 days after accepting it. If you decide to identify it as a work-related injury, you have already passed the most important step in the work-related injury compensation case; If you don't approve, don't lose heart, there is still a chance. Remember, from the second day of service, you can apply for administrative reconsideration to the local people's government or the competent department at the next higher level.
3. paid downtime.
Article 33 of the Regulations on Work-related Injury Insurance clearly stipulates the period of shutdown with pay, which refers to the period during which workers with work-related injuries stop receiving treatment and enjoy corresponding work-related injury insurance benefits. Paid downtime includes unstable period and recovery period. Strictly speaking, paid downtime is not a legal procedure. However, it will take a long time in some cases, and the next process cannot be carried out during the paid shutdown, so it is written as a process here. Generally, the period of paid shutdown shall not exceed 12 months, but the period of paid shutdown can be determined. Because different accidents hurt them differently, the duration depends on the case.
Appraisal of labor ability. When the paid shutdown of workers has passed (or it may be that the paid shutdown of workers in the process of work-related injury identification has passed), you can apply for labor ability appraisal with a work-related injury certificate and a little pleasure, and remember to prepare the materials for appraisal application. labor ability of the prison
After accepting the case, the Committee shall make an appraisal conclusion within 60 days. If the situation is complicated, it can be extended for up to 30 days. After the appraisal conclusion is made, if the unit or employee refuses to accept the appraisal conclusion of labor ability, he may apply to the labor ability appraisal committee of the province (autonomous region or municipality directly under the Central Government) for re-appraisal within/0/5 days from the date of receiving the appraisal conclusion, and the re-appraisal conclusion shall be final. It seems that after the labor ability appraisal is completed, we can discuss the insurance benefits.
4. Labor arbitration procedure.
It was recognized as a work-related injury and was also identified as a labor ability. At this time, even if the employer does not take the initiative to pay work-related injury insurance benefits and enters the labor arbitration procedure, it is a shoo-in, and the unit only loses money. There is nothing wrong with this idea, but employees who are injured at work must pay attention. They must apply for labor arbitration within 60 days after receiving the conclusion of labor ability appraisal, and require the employer to bear the treatment of work-related injury insurance according to law. Labor arbitration is actually a bargaining process between employers and employees. But it is not so easy to get to this program. There should be many ways to go before. After accepting the case, the labor dispute arbitration commission shall make an arbitration award within 60 days after the formation of the arbitration tribunal. If the parties are not satisfied with the arbitration award, they can bring a lawsuit to the court within 15 days, so the case enters the proceedings of compensation for work-related injuries.
5. Administrative reconsideration procedure.
I don't know how hard it took the workers to get the work-related injury determination decision, but the employer will not wait in vain under such circumstances, so the employer has started the administrative reconsideration procedure. After the work-related injury determination decision is made, if you are dissatisfied with the work-related injury determination decision, you may apply for administrative reconsideration within 60 days. After receiving the application, the organ for reconsideration of work-related injury identification shall make a reconsideration decision within two months. If you are not satisfied with the reconsideration decision, you can bring a lawsuit to the people's court within 15 days from the date of receiving the reconsideration decision. If the case has reached the procedure of labor arbitration and the employer has filed an administrative reconsideration, then in judicial practice, the labor arbitration commission will suspend the trial of the case until the administrative reconsideration or possible administrative litigation is over, and then decide whether to continue the trial according to the result of the case. This case has entered a state of no progress, and may even face the risk of returning to the original point.
6, industrial injury administrative litigation.
The conflict of interests between the two parties in this case is too great. No matter what the result of administrative reconsideration is, one party will file an administrative lawsuit. At the same time, if it is ordered to re-identify the work-related injury, there may be the possibility of a program cycle. If so, it's too cruel for the client. If you are dissatisfied with the result of administrative reconsideration, you can bring an administrative lawsuit to the people's court within 15 days after receiving the reconsideration decision, requesting the court to decide to cancel the reconsideration conclusion or the conclusion of work-related injury identification, or to judge the labor administrative department to make a new conclusion of work-related injury identification. The trial period of first instance is 3 months. According to the law, the court can not directly determine whether it constitutes a work-related injury, but can only maintain the reconsideration decision and the conclusion of work-related injury identification, or revoke the reconsideration decision and the conclusion of work-related injury identification, and order the labor department to make a new conclusion of work-related injury identification. If you are dissatisfied with the judgment of the first instance, you can appeal within 15 days.
There may be three situations in the judgment of second instance: maintaining the conclusion that it belongs to work-related injury; Maintain the conclusion that it is not a work-related injury; Revoke the conclusion whether it is a work-related injury, and order the labor department to make a new conclusion on the determination of work-related injury. In the first case mentioned above, the next step is to enter or continue the labor dispute procedure of industrial injury compensation; In the second case mentioned above, the procedure for safeguarding workers' rights at work injury ends; In the third case, the case will once again enter the work-related injury re-identification procedure of the labor administrative department, and another procedure cycle may occur, because the work-related injury re-identification can also bring an administrative reconsideration. But one thing is certain, if the reconsideration organ maintains the conclusion of work-related injury determination, it will be very difficult for the employer to overturn the conclusion in administrative proceedings. Therefore, when it comes to administrative reconsideration, as a lawyer, we should attract the attention of the parties and take it seriously, and we must never take it lightly, otherwise the previous work is likely to become useless.
7. Civil action for industrial injury compensation.
If all goes well in this case and the labor department makes labor arbitration, the employer shall be liable for compensation. If one party refuses to accept the arbitration award, it shall bring a lawsuit to the court within 15 days. So the case entered the proceedings of industrial injury compensation. The trial period of first instance is 6 months. If a party refuses to accept the judgment of first instance, it shall appeal to the court of second instance within 15 days, and the trial period of second instance shall be 3 months. The result of the second instance may be upheld or directly changed, or it may be sent back to the court of first instance for retrial. If you refuse to accept the judgment after retrial, you can appeal again. The verdict of the second instance may be to support or partially support the employee's claim, or to reject the employee's claim. If the judgment of the court of second instance rejects the employee's claim, then the employee's work-related injury compensation procedure is over.
8. Implementation procedures.
In the process of communication between the labor department and the agent who undertook the case, the agent said that the work-related injury case was very troublesome and complicated. Even if the conclusion of work-related injury identification is made and all procedures are successfully completed, can you get the money? Of course, the agent is not only talking about the implementation problem, at least it shows that it is often said that implementation is difficult. According to the newly revised Civil Procedure Law, the time limit for applying for execution is 2 years. If the people's court fails to execute it for more than 6 months from the date of receiving the application for execution, the applicant executor may apply to the people's court at the next higher level for execution. After examination, the people's court at a higher level may order the original people's court to execute it within a certain period of time, or decide to execute it by itself or instruct other people's courts to execute it.
To sum up, although the above-mentioned procedures for applying for work-related injury compensation are very troublesome, as long as the workers apply for work-related injury to the Labor Arbitration Committee according to the procedures and the materials provided are reasonable, then the Labor Arbitration Committee will issue corresponding work-related injury reports according to the severity of industry and commerce, so that the workers can apply for reasonable work-related injury compensation.