1. The full strategy of work-related injury claims: grasp the correct ideas and protect rights and interests
As an employee, there are usually two situations after a work-related injury, the first is that in the case of social insurance, the social security bureau will compensate you for part of the loss, and the employer will compensate for the rest. If you don't work, you can also get a one-time Medicaid and Employment Grant; Second, if there is no social security, the problem will be simpler, and all compensation will be paid by the employer.
In the absence of social insurance, the idea of claiming compensation is to gradually go through the work-related injury process, identify yourself as a work-related injury, obtain a work-related injury determination decision and conduct a work-related injury appraisal, and apply for labor arbitration to claim compensation from the employer after completing the appraisal. After the arbitral award is issued, the case will be completed if the employer fulfills the case. If the employer refuses to perform the content of the award, it may apply to the people's court for compulsory enforcement after the award takes effect, and the court's enforcement division will enforce the corresponding award. The employer eventually needs to compensate for the loss, and after the enforcement fails, we have not yet received the money because the boss of the employer and the legal person have become dishonest parties. After the termination of the implementation, we can go to the Social Security Bureau to apply for the social security advance share.
According to the regulations on work-related injury insurance, in the absence of social security, there is usually no payment. However, after the enforcement fails, the social security should be paid in advance, and the one-time disability allowance and medical subsidy will be paid to us by the Social Security Bureau, and we can apply for social security advance, if the Social Security Bureau refuses to pay, we will file an administrative lawsuit.
After the administrative lawsuit, the people's court will make a judgment in accordance with the law, and the Social Security Bureau will compensate us for the corresponding losses. After the Social Security Bureau compensated the money, the money did not belong to social security and should be compensated, because we did not have social security, so it was only paid in advance. After compensation, he can sue the employer again and ask the employer to compensate the Social Security Bureau for the loss.
2. If the labor relationship is not terminated, will the rights and interests of work-related injury claims be affected? Can I receive the lump sum disability benefit and employment benefit?
Although these two items are premised on the termination of the labor relationship, after the one-time disability allowance is settled, we will first ask the employer to compensate us for the remaining one-time medical allowance and employment subsidy, including the items that he should undertake, and the one-time employment subsidy. After the employer pays the compensation, we will conduct arbitration, and after receiving support, we will go to the Human Resources and Social Security Bureau to apply for a one-time medical subsidy, and the employer will issue a certificate to terminate the labor relationship, and the Social Security Bureau will pay you compensation. Or after applying for labor arbitration to claim from the employer, the premise of claiming a one-time employment subsidy is the termination of the labor relationship, and we can also terminate the labor relationship by applying for arbitration, so there is no problem in finding the social security bureau to finally claim the one-time medical subsidy after the claim is made to the employer, which will be relatively smooth.
To sum up: When you are injured at work, it is important for you as a worker to understand your rights and make a correct work-related injury claim. A clear idea of work-related injury claims can not only help you get the compensation you deserve, but also ensure that your rights and interests are not violated, and I hope that every worker can understand and master these ideas to provide better protection for themselves and their families.
Lawyer Gu Jixian, a full-time lawyer at Jiangsu Yingzhizhi Law Firm, has the dual professional qualifications of senior corporate compliance officer and senior labor relations manager, focusing on corporate legal affairs such as work-related injury insurance treatment disputes, traffic accident handling, contract dispute resolution and labor dispute mediation, providing enterprises with comprehensive and high-level legal services. Always uphold the professional, meticulous and efficient service concept, and are committed to solving various legal problems for customers, protecting the legitimate rights and interests of enterprises, and helping enterprises develop steadily.