Lawyer Huang Lianming answered: According to the relevant laws of our country, if an illegal legal entity establishes a labor relationship with an employee and the employee causes a work-related injury on the job, the work-related injury compensation regulations will apply.

According to the relevant laws of our country, a legal person refers to an organization with the capacity for civil liability. Common legal persons include enterprises, institutions, state agencies, etc. So, can unincorporated units be eligible for work-related injury compensation? What is the procedure for work-related injury determination? Next, Hualu invites lawyer Huang Lianming to answer your questions.

Question 1: Can unincorporated units be subject to work-related injury compensation?

Lawyer Huang Lianming’s answer:

According to the relevant laws of our country, if an illegal legal entity has established a labor relationship with an employee and the employee causes a work-related injury, it is applicable. workers’ compensation provisions.

" Work Injury Insurance Regulations "

Article 2 Enterprises, institutions, social groups, private non-enterprise units , foundations, law firms, accounting firms and other organizations within the territory of the People's Republic of China and individual businesses with employees Each household (hereinafter referred to as the employer) shall participate in work-related injury insurance in accordance with the provisions of these Regulations and pay work-related injury insurance premiums for all employees or employees of the unit (hereinafter referred to as employees).

Employees of enterprises, institutions, social groups, private non-enterprise units, foundations, law firms, accounting firms and other organizations within the territory of the People's Republic of China, as well as employees of individual industrial and commercial households, are entitled to work-related injury benefits in accordance with the provisions of these regulations. Insurance benefits rights.

Question 2: What is the procedure for identifying work-related injuries?

Lawyer Huang Lianming answers:

1. Work-related injury reporting procedure

This procedure is only available if the employer has purchased work-related injury insurance for its employees through a work-related injury insurance agency. The

unit shall submit a work-related injury report to the local labor administration department within 15 days from the date of the work-related injury occurrence or the date of diagnosis of the occupational disease.

2, Work-related Injury Determination Procedure

The social insurance agency investigates the work-related injury (death) accident to determine whether it is a work-related injury. This is the first step for general work-related injuries. However, if the employer recognizes the work-related injury in writing and does not have work-related injury insurance, this procedure does not need to be followed.

Pay attention to the two timings for work-related injury identification: If the unit does not initiate work-related injury identification, the injured person must apply to the labor department within one year from the date of the accident. After the social security agency investigates and determines the incident, it will notify the unit and the injured person in writing.

3, Work-related injury identification procedure

Work-related injury identification is based on the employee who applied for work-related injury identification being recognized as a work-related injury (that is, after completing the work-related injury identification procedure). After his or her medical treatment is terminated or the medical period expires, the labor identification at or above the county level is The committee conducts its assessment of disability levels. The broad sense of work-related injury appraisal includes work ability appraisal and disability level appraisal. In a narrow sense, work-related injury appraisal refers to the appraisal of disability level.

4. Negotiation of compensation procedures

After the work-related injury appraisal, the amount of compensation can be calculated based on the appraisal standards. If the unit has purchased work-related injury insurance, the national work-related injury insurance agency will directly issue work-related injury insurance benefits according to standards. If there is no insurance (especially those insured by a work-related injury insurance agency), the matter shall be settled through negotiation with the employer in accordance with the standards.

5, Labor Arbitration Procedure

If the matter cannot be resolved through negotiation with the employer, arbitration proceedings may be initiated in accordance with the Labor Arbitration Regulations.

6. Court proceedings

If you are dissatisfied with the labor arbitration, you can file a lawsuit with the court for settlement. If you are dissatisfied with the judgment of the court of first instance, you may appeal to the court of second instance in accordance with the law.

7. Enforcement procedures

If the employer fails to pay compensation after the arbitration or judgment takes effect, it can file an enforcement application with the Court Enforcement Bureau based on the effective legal document, and the court will enforce it.

8. Appeal procedure

If you are not satisfied with the effective judgment, you can apply to start the retrial procedure, but this is generally difficult.

If you have any questions about " labor dispute " and want to consult, you can directly click " to learn more about " at the bottom left of the article to have one-to-one online communication with lawyer Huang Lianming . You can also follow the official account of Hualv.com and send private messages for consultation.