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In the production process of manufacturing enterprises, due to improper management, outdated machinery and equipment and other factors, there are also many cases of employees' work-related injuries. For injured employees, the unit should give corresponding compensation for work-related injuries according to the size of responsibility. So how long does it take for employees to get compensation for work-related injuries? What is the time limit for applying for compensation for work-related injuries? Let's follow Bian Xiao to understand the relevant legal knowledge.
1. How long does it take for compensation for work-related injuries?
1. Work-related injury identification: from the date of application by the unit or individual, the labor department will review the materials within 15 days, make a work-related injury identification within 60 days, and deliver it within 20 days, which is 95 days according to the prescribed time limit.
2. Appraisal of labor ability: Only after treatment can the injury be stable can the appraisal be carried out. Generally, it takes about 6 months and 240 days to make an appraisal conclusion within 60 days.
3. Work-related injury compensation: It takes about one month for the labor department to review.
In this way, it will take about one year to get compensation for work-related injuries from the date of application by the unit or individual. But if there is any procedural dispute, it is hard to say. In the event of a dispute, you may have to go through legal proceedings. You may have to go through the first trial, the second trial, or even the first trial and the second trial. A work-related injury case takes several years, two or three years, six or seven years and more than ten years.
2. What is the time limit for applying for work-related injury identification?
The employing unit shall, within 30 days from the date of the accident injury or the date of diagnosis and identification as an occupational disease, and within 1 year from the date of the accident injury or the date of diagnosis and identification as an occupational disease, the employees with work-related injuries or their close relatives and trade unions shall apply to the social insurance administrative department of the overall planning area for work-related injury identification.
3. What materials should I submit to apply for a work-related injury?
According to Article 18 of the Regulations on Work-related Injury Insurance, relevant application materials shall be submitted, including: application form for work-related injury identification, proof of labor relationship with the employer (including factual labor relationship), medical diagnosis certificate or occupational disease diagnosis certificate (or occupational disease diagnosis certificate), etc.
4. What are the compensation items for work-related injury claims?
1, general injury compensation (not up to disability)
Medical expenses, food subsidies for the injured during hospitalization, living care expenses, wages during work-related injuries, and transportation and accommodation expenses.
2. Disability compensation
Medical expenses, food subsidies, living nursing expenses, wages during work-related injuries, transportation and accommodation expenses, assistive devices, one-time disability allowance, one-time medical subsidy for work-related injuries, and one-time disability employment subsidy.
3. Compensation for death
Funeral subsidy, one-time casualty subsidy, and dependent relatives pension.
4. The employee's whereabouts are unknown.
Compensation items whose whereabouts are unknown when employees go out for emergency rescue or disaster relief should be determined according to different situations. If the employee is not declared dead, the compensation items available to his immediate family members include: pension for dependent relatives and 50% lump-sum death subsidy (in case of difficulties); When an employee is declared dead, the immediate family members can get compensation items: funeral expenses, pensions for dependent relatives, and one-time subsidies for the death of employees.
To sum up, employees should know how to fight for their own interests after encountering unfortunate production accidents. According to the relevant regulations, employees should prepare work-related injury certificates, labor contracts, medical certificates and other materials and submit work-related injury compensation to the labor management department. As for how long it will take for compensation for work-related injuries, it depends on whether both parties have any objection to compensation. If the unit has no objection, it can get compensation within one year at the longest.