1. What is the legal charging standard for industrial injury compensation?
1. Investigation and evidence collection
Entrusted to engage in work-related injury identification, labor ability appraisal, motor vehicle registration, company business registration and other government archives transfer business related to work-related accidents, the charging standard is 1000-5000 yuan/item.
2. Legal advice
Work-related injury legal consultation every time 300 yuan -500 yuan.
3. Write legal documents
Write the compensation agreement for work-related injuries on behalf of others, with the cost of 1500-3000 yuan.
Write an indictment for compensation for work-related injuries at a cost of 1500-3000 yuan.
4. Acting as an agent for industrial injury litigation
Industrial injury litigation agent: 8%- 12% of the litigation amount, but the minimum fee is not less than 6000 yuan per piece.
5. Acting as an agent for industrial injury labor arbitration
Acting labor arbitration: 3000 yuan per piece not involving property.
Agency labor arbitration: the property charges 8%- 12% of the arbitration amount, but the minimum charge per piece is not less than 6000 yuan.
6. Acting as an agent for industrial injury mediation
According to the final work-related injury mediation agreement, 8%- 12% of the compensation amount will be charged as the agency fee, but each piece shall be at least 6,000 yuan.
Second, the industrial injury compensation procedures:
1. If work-related injury insurance has been paid, the unit shall apply to the labor department for work-related injury identification after the accident. If the employer fails to apply for work-related injury identification within the prescribed time limit, the injured employee or his immediate family members or trade unions may directly apply to the administrative department of labor and social security for work-related injury identification within 1 year from the date of the accident injury or the date of being diagnosed as an occupational disease.
2. After the work-related injury is identified, the institution designated by the labor department conducts disability appraisal, and calculates the disability subsidy according to the appraisal level. In addition, the unit will apply to the labor department for lost time and medical expenses, which will be paid by the social security agency affiliated to the labor department. If the work-related injury insurance is not paid, in this case, the unit will generally not handle the work-related injury identification. At this time, employees generally have to apply to the labor department for work-related injury identification. The procedure after appraisal is the same as above, except that the money will be paid by the unit.
3. Negotiate compensation with the employer. If negotiation fails, you may apply for labor arbitration procedures. If no settlement can be reached through consultation with the employer, arbitration proceedings may be initiated in accordance with labor arbitration laws and regulations.
If you are not satisfied 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.
5. After the arbitration or judgment comes into effect, if the employer 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.
6. If you are dissatisfied with the effective judgment, you can apply to start the retrial procedure, but this is generally difficult.
Legal basis:
Article 9 of the Measures for the Administration of Lawyers' Service Fees
Article 9 The fees for lawyer services subject to market-regulated prices shall be determined by the law firm through consultation with the clients.
The following main factors shall be considered when a law firm negotiates the fees for lawyer services with its clients:
Working hours spent;
(two) the difficulty of legal affairs;
(3) the client's affordability;
(4) Risks and responsibilities that lawyers may bear;
(5) The lawyer's social reputation and working level.
Article 10 Lawyers' service fees may be charged according to different service contents, such as piecework fees, fees in proportion to the bid amount, and hourly fees.
Piece rate is generally applicable to legal affairs that do not involve property relations;
Charging according to the proportion of the winning bid amount is applicable to legal affairs involving property relations;
Time charge is applicable to all legal affairs.