There are three steps in the process of work-related injury identification, namely, work-related injury identification, labor ability identification and the treatment and relief channels that workers should enjoy. An application for ascertainment of a work-related injury may be made by the employer, or by the employee or his immediate family members or the trade union. Different applicants have different application orders. The employing unit shall file an application within 30 days from the date of the accident or the date of being diagnosed as an occupational disease. Under special circumstances, with the consent of the labor and social security department, it may be appropriately extended. If the employer fails to apply for work-related injury identification in accordance with the above provisions, the workers or their immediate family members or trade unions may apply. However, the time for filing an application shall not exceed one year from the date of the accident or the date of diagnosis and identification as an occupational disease. The institution that accepts the application for work-related injury identification is the administrative department of labor security in the overall planning area.
The treatment that injured workers should enjoy is a special concern of every worker.
Not every injured worker can enjoy disability treatment, even if he should, he can't generalize. According to the degree of disability, the standards they enjoy and the amount of compensation they receive are different. Causing death, should enjoy a one-time work death grant, funeral grant and dependent relatives pension. Appraisal fee, transportation fee and nutrition fee shall be borne by the employer according to the specific actual situation. The main ways to solve industrial injury disputes are reconciliation, mediation, arbitration and litigation. No matter which way you solve it, you should not do it blindly. If you don't understand, you can consult or hire a professional lawyer to better safeguard your legitimate rights and interests.
legal ground
Regulations on industrial injury insurance
Paragraph 1 of Article 36 stipulates that the one-time disability allowance shall be paid by the industrial injury insurance fund according to the level of disability, and the standards are: level 5 disability is my salary 18 months, and level 6 disability is my salary 16 months. Article 37 stipulates that employees whose work-related disabilities are identified as level 7 to level 10 disabilities shall enjoy the following benefits:
(a) according to the level of disability from the industrial injury insurance fund to pay a one-time disability allowance. The criteria are: level 7 disability 13 months, level 8 disability 1 1 month, level 9 disability for 9 months and level 10 disability for 7 months;
(two) the expiration of the labor employment contract, or the employee himself proposes to terminate the labor employment contract, the industrial injury insurance fund pays a one-time medical subsidy for work-related injuries, and the employer pays a one-time disability employment subsidy. Specific standards for one-time medical subsidies for work-related injuries and one-time disability employment subsidies shall be formulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.