You can report the case to the public security organ or file a lawsuit with the court to pursue criminal liability and civil liability. responsibility. Those who constitute minor injuries shall be held criminally responsible and shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance.
I got a work-related injury, and the evaluation has been completed, but the evaluation results have not come out for four months
I have suffered a work-related injury, and the evaluation has been completed, and the evaluation results have not come out for four months. Such a situation , you can ask the Labor Appraisal Committee why the appraisal results have not been released. According to regulations, it takes up to 90 days for the results of the disability appraisal to be available. The legal basis is as follows:
Article 25 of the "Regulations on Work-related Injury Insurance": After receiving the labor appraisal application, the Municipal Labor Appraisal Committee shall randomly select three to five relevant experts from the established medical and health expert database. The expert group shall provide appraisal opinions. The Municipal Labor Appraisal Committee makes a conclusion on the labor ability appraisal of workers injured at work based on the appraisal opinions of the expert group; when necessary, it can entrust a qualified medical institution to assist in diagnosis.
The Municipal Labor Capacity Appraisal Committee shall make a labor ability appraisal conclusion within 60 days from the date of receipt of the labor ability appraisal application. If necessary, the period for making a labor ability appraisal conclusion may be extended by 30 days. The conclusion of the labor ability appraisal shall be delivered to the unit and individual applying for appraisal in a timely manner. What should I do if the forensic appraisal certificate has not been issued for one month?
According to legal regulations, the appraisal results must be issued within 15 working days after the appraisal is accepted. You can go to the appraisal agency to check. I am a victim and the other party asks me to do a forensic appraisal. Should I go?
If you have already done a forensic appraisal at a legal appraisal agency, there is no need to do it again. If the other party has objections, you can* **Same as choosing an appraisal agency for appraisal. If he asks you to appraise it and you do it, he may still be dissatisfied with the appraisal result. During the appraisal process, I resigned before the appraisal results came out. Now that the appraisal results have come out, can I still enjoy workers’ injury compensation?
1. I resigned before the appraisal results came out. Now the appraisal results have come out. , you can enjoy work-related injury and disability benefits in accordance with the law.
2. Article 38 of the "Social Insurance Law" The following expenses incurred due to work-related injuries shall be paid from the work-related injury insurance fund in accordance with national regulations:
(1) Medical treatment and rehabilitation for work-related injuries Expenses;
(2) Hospitalization food subsidy;
(3) Coordinating transportation, food and accommodation expenses outside the area;
(4) Installation and configuration of disability assistance The cost of equipment;
(5) Nursing expenses confirmed by the Labor Capacity Appraisal Committee for those who cannot take care of themselves;
(6) One-time disability for employees with level one to level four disabilities Subsidy and monthly disability allowance;
(7) One-time medical subsidy when the labor contract is terminated or terminated;
(8) Death on the job;
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(9) Medical treatment expenses for those who died on the job;
(10) Medical treatment expenses for those who died on the job;
(8) Those who died on the job , the surviving family members receive funeral subsidies, dependent relatives’ pensions and work-related death benefits;
(9) Labor ability appraisal fees.
Article 39 The following expenses incurred due to work-related injuries shall be paid by the employer in accordance with national regulations:
(1) Wages and benefits for injured employees during the treatment of work-related injuries;
(2) Disability allowances received on a monthly basis by level five and level six disabled employees;
(3) One-time disability employment subsidies received when the labor contract is terminated or terminated.
If I was injured in a fight, can I be detained until the identification results come out?
Hello, the public security organs can first conduct public security detention. If it constitutes a minor injury and is suspected of committing a crime, criminal detention will be carried out. Public security detention refers to the punishment for violating the "*** of the People's Republic of China and the National Security Administration" The general legal provisions of the Law provide for the most severe sanction, which is a type of administrative penalty. The maximum period of public security detention is 15 days (release upon expiration shall be decided by the public security organ and shall be carried out in an administrative detention center; if you are dissatisfied, you may file an administrative review or administrative lawsuit). The combined detention period shall not exceed 20 days.
Criminal detention refers to the temporary coercive measures taken by the public security organs or the People's Procuratorate against current offenders or major suspects during the investigation of criminal cases. The public security organs shall interrogate the detainee within 24 hours after detention. If the arrest of a detainee is approved, a trial shall be conducted in accordance with the provisions of the Criminal Procedure Law. If the person is acquitted after trial, the arrested person may apply for state compensation. Criminal detention is not a punishment or sanction.
According to Article 80 of the Criminal Procedure Law, the public security organs may detain current criminals or major suspects under any of the following circumstances:
(1) Preparing to commit a crime, Committing a crime or being discovered immediately after committing a crime;
(2) The victim or a witness present identifies him as having committed the crime;
Decision of the People's Procuratorate The conditions for detention are:
(1) Attempted suicide, escaped, or is on the run after the crime;
(2) Possible destruction or fabrication of evidence or collusion with confessions.
After the People’s Procuratorate decides to detain the person, the public security organ will execute the decision.
Who knows which forensic identification unit is more responsible for the victim? I am from Chengde, Hebei Province. I am the victim and suing for a car accident requires forensic appraisal
This requires a qualified appraisal agency. If you sue, it is best to go to the court or draw many judgments. The private appraisal court or the defendant can apply for a new appraisal. Why is it that the forensic identification has not come out after a month?
You need to rush. Forensic identification requires you to do it yourself. They are not that easy to handle. They will not notify you if nothing happens. You have to ask yourself. I am the victim. If the other party calls the police for a fight, the victim Have a say?
Well, this is generally the case now. Whoever calls the police will listen first. There is a problem of preconceptions. There's an assumption that the victim will be the first to call the police, right? In this way, it is often the evil people who call the police first and like to talk nonsense. Now that it's out of the way, I think you should maintain an honest image. In the police's mind, fighting is not a good thing, and you can't emphasize that you are the victim, especially the police. State things objectively, control your emotions, and remember. Someone beat me and my mother can’t be discharged from the hospital until the forensic examination is done
Since the forensic examination has confirmed the injury, she can’t be discharged from the hospital. After the hospital’s results come out, she can be treated in the hospital!