Who will pay the lawyer's fee for the treatment of industrial injury insurance in Dongguan?

Who will pay the lawyer's fee for the treatment of industrial injury insurance in Dongguan? Generally bear it yourself; Industrial injury insurance benefits mainly include medical rehabilitation, disability and death compensation. Medical rehabilitation treatment includes treatment expenses, medicine expenses, hospitalization expenses and wages during the prescribed treatment period. Disability allowance includes one-time disability allowance for workers with work-related injuries from level 1 to level 10; Those who need nursing can also enjoy living nursing expenses; Need to install assistive devices, paid by the fund. Death benefits include funeral benefits, dependent relatives' benefits and one-time work death benefits. What are the procedures for industrial injury claims? 1. Work-related injury declaration procedure can only be handled if the employer has insured 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 Social insurance agencies investigate work-related injury (death) accidents to determine whether they belong to work-related injuries, which is the first step in general 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 procedure Work-related injury identification is an act of rating the disability level of 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). After the medical treatment ends or the medical treatment expires, the labor appraisal committee at or above the county level, and the generalized work-related injury identification 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 is completed, 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. If the labor arbitration procedure cannot be settled through consultation with the employer, the arbitration procedure can be started according to the labor arbitration laws and regulations. 6. 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. After the enforcement procedure arbitration or judgment comes into effect, if the employer still 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 execute it. 8. If you are dissatisfied with the effective judgment, you can apply to start the retrial procedure. Lawyers' Fees Article 1 These Measures are formulated in accordance with the Price Law, Lawyers Law and other relevant laws and regulations in order to standardize the charging behavior of lawyers' services, safeguard the legitimate rights and interests of clients and lawyers, and promote the healthy development of the lawyer service industry. Article 2 These Measures shall apply to the charging behavior of law firms established in accordance with the Lawyers Law of People's Republic of China (PRC) and lawyers who are allowed to practice to provide legal services for clients. Article 3 Fees for lawyers' services shall follow the principles of openness, fairness, voluntary compensation and good faith. Law firms should facilitate the people, strengthen internal management, reduce service costs, and provide convenient and high-quality legal services for clients. Therefore, the charging standard for civil cases is: 1, the calculation ratio of the disputed object (calculation base) in the first trial stage (1), 7% of the disputed object below 65,438+10,000 yuan, but not less than 5,000 yuan (2) and 6% of the disputed object above 65,438+10,000 yuan. 5% of the disputed object is more than 6,543,800 yuan but less than 5 million yuan (4) 3% of the disputed object is more than 5 million yuan but less than 6,543,800 yuan (5) 6,543,800 yuan but less than 50 million yuan (6) 50 million yuan. (2) For cases that have been represented in the first instance, the agency fee is charged at half of the first instance fee, and other handling fees remain unchanged. (3) Acting as an agent for a case sent back for retrial in the second instance, the agency fee shall be charged at half of the fee of the second instance, and other handling fees shall remain unchanged. 3. In the retrial (appeal) stage (1), the agency fee is charged according to the standard of first instance, and other handling fees remain unchanged. (2) For cases that have been represented in the first or second instance, the agency fee shall be charged at one-half of the fees charged in the first or second instance. Other handling fees remain unchanged. (3) Arbitration case: 65438+ 0.5 times the charging standard for civil and commercial cases of first instance. To sum up, if there is any dispute, the treatment of work-related injury insurance can go through legal procedures directly, but if you don't know, you can consult relevant people. Therefore, you should know how to protect yourself at any time. The law is just and fair. As long as you have legal evidence, you can get your loss back.