We may have an accident at work for some reason, causing physical injury. According to the regulations, we can get compensation for work-related injuries, but we need to do work-related injury identification and work-related injury identification to prove the degree of injury. Some people who don't understand the relevant regulations are afraid of not getting enough compensation and are considering whether to entrust a lawyer to help. Then let's talk about whether to hire a lawyer for work-related injury identification.
1. Do you need a lawyer for work-related injury identification?
1. If you don't need a lawyer for work-related injuries, you can prepare your own information application.
2. Article 18 of the Regulations on Work-related Injury Insurance shall submit the following materials when applying for work-related injury identification:
(a) the application form for work-related injury identification;
(two) the existence of labor relations with the employer (including factual labor relations);
(3) Medical diagnosis certificate or occupational disease diagnosis certificate (or occupational disease diagnosis certificate). The application form for ascertainment of a work-related injury shall include basic information such as the time, place and cause of the accident and the degree of injury of the employees. If the materials provided by the applicant for work-related injury identification are incomplete, the social insurance administrative department shall inform the applicant in writing of all the materials that need to be supplemented at one time. The administrative department of social insurance shall accept the corrected materials after the applicant has been informed in writing.
Article 20 The administrative department of social insurance shall, within 60 days from the date of accepting the application for ascertainment of work-related injuries, make a decision on ascertainment of work-related injuries, and notify in writing the employees who apply for ascertainment of work-related injuries or their close relatives and the units where the employees work. The administrative department of social insurance shall, within 15 days, make a work-related injury determination decision on the application with clear facts and clear rights and obligations.
Second, if a work-related injury is identified and a lawyer is hired, how to collect the lawyer's fee?
In general, the lawyer's fee is RMB yuan for each injury case, and some lawyers will also withdraw 13- 18% commission according to the subject matter of the case.
In real life, the relationship between labor rights and obligations can generally be dissolved by agreement or litigation, but work-related injuries are extremely special. Because the industrial injury standards stipulated in the Regulations on Industrial Injury Insurance and related supporting documents are very clear, the compensation amount is legal! As long as it is a work-related injury, the labor ability appraisal Committee identifies the disability level, and the amount of compensation is legal. This entrusted lawyer has full authority or handles it himself, and the result is the same. 100% chance of winning. Moreover, according to the judicial interpretation of the Supreme Court, there are pre-arbitration procedures for labor disputes and work-related injury compensation cases, which must be arbitrated by the administrative department of labor and social security first, and the court that decides not to accept them will no longer accept them. This process is free, and the amount of compensation will not change because of the lawyer's intervention.
Three, some provisions on work-related injuries
Article 15 of the Regulations on Work-related Injury Insurance stipulates that an employee shall be regarded as a work-related injury in any of the following circumstances:
(a) died of sudden illness during working hours and at work or died within 48 hours after being rescued.
(2) safeguarding national interests and public interests in emergency rescue and disaster relief activities.
(3) Employees who were disabled in the army because of war or work have obtained disabled servicemen's certificates, and their old injuries have recurred after going to the employing unit.
Article 16 of the Regulations on Work-related Injury Insurance stipulates that if an employee has one of the following circumstances, it shall not be deemed as a work-related injury or regarded as a work-related injury:
(a) because of intentional crime;
(2) Drunkenness causes casualties;
(3) Self-mutilation or suicide.
Generally speaking, you don't need it, as long as you go through the formalities with the relevant departments with relevant supporting materials. There is a general procedure, and once the result is identified, you will be compensated according to the standard. But you can also ask a lawyer for help. This is the freedom of entrustment of the parties, and different cases have different lawyer fees.