In the process of work, construction workers will come into contact with more construction machinery and equipment, and injury accidents also occur from time to time. Workers who are injured at work may apply for work-related injury identification. If the unit refuses to pay compensation and the coordination fails, the workers should take legal procedures to protect their rights. So, do you need a lawyer to apply for industrial injury compensation? In civil compensation cases, lawyers can better safeguard their rights. Let's take a look at Bian Xiao's point of view.
1. Do you need a lawyer to apply for work-related injury compensation?
According to the Regulations on Industrial Injury Insurance, under any of the following circumstances, the relevant units or individuals may apply for administrative reconsideration or bring an administrative lawsuit to the people's court according to law:
1, the employer refuses to accept the unit payment rate determined by the agency;
2, signed a service agreement of medical institutions, auxiliary equipment configuration institutions that institutions did not fulfill the relevant agreements or regulations;
3. Workers with work-related injuries or their close relatives have objections to the treatment of work-related injury insurance approved by the agency.
After the work-related injury is identified, the one-year statute of limitations is calculated after the labor ability appraisal, labor ability and appraisal conclusion are made. If the statute of limitations really expires, you can find a lawyer to provide you with legal help in person, and the statute of limitations can be extended. If you claim to the other party continuously within one year, then provide evidence to prove that you have claimed, and the statute of limitations will be interrupted.
Second, how to apply for compensation for work-related injuries?
Apply for work-related injury identification first: if the unit fails to apply for work-related injury identification within one month, the employees with work-related injuries shall apply for work-related injury identification within 1 year. After the work-related injury is identified, apply for labor ability appraisal (disability appraisal), and the labor ability appraisal Committee will determine the disability level according to the specific injury, and then enjoy the corresponding work-related injury treatment according to the disability level.
The treatment of work-related injuries mainly includes medical expenses, nursing expenses and food subsidies for hospitalization. The salary will remain unchanged during the treatment period; Constitute a disability level, there is a one-time disability allowance; Those who constitute a disability level and terminate labor relations have one-time medical subsidies for work-related injuries and one-time employment subsidies for work-related injuries.
Third, how to pay wages during work-related injuries?
1. If an employee suffers from an accident or occupational disease at work and needs to suspend work and receive work-related injury medical treatment, the original salary and welfare benefits will remain unchanged during the paid shutdown, and the original unit will pay it monthly.
2. The paid shutdown period generally does not exceed 12 months. If the injury is serious or special, it may be appropriately extended after being confirmed by the municipal labor ability appraisal committee with districts, but the extension period shall not exceed 12 months.
3, inductrial injury worker still need treatment after the expiration of the shutdown with pay, continue to enjoy medical treatment of inductrial injury.
It can be seen that industrial injury compensation is the legal labor security of employees, and workers pay social security, including industrial injury insurance. If workers claim for work-related injuries from their units, if they want to go to arbitration or litigation, they'd better ask a lawyer to represent them, so as to better fight for their legitimate rights and interests. This is an analysis of Bian Xiao's question about whether to hire a lawyer for work-related injury compensation. The cost of hiring a lawyer will be borne by the losing party after the trial.
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