Is the property fee deposit legal?

1. After being recognized as a work-related injury, if the unit does not take the initiative to pay the work-related injury insurance benefits, the worker must apply for labor arbitration within 60 days after receiving the work-related injury recognition or labor ability appraisal conclusion, and ask the unit to bear the work-related injury insurance benefits according to law.

2. After accepting the case, the labor dispute arbitration commission shall make an arbitration award within 60 days after the formation of the arbitration tribunal. If a party refuses to accept the arbitration award, it may bring a lawsuit to the court within 15 days.

What is the process of industrial injury arbitration?

1. After a work-related injury dispute occurs, the parties can settle it through consultation; Unwilling to negotiate or failing to negotiate, you may apply to the industrial injury dispute mediation Committee of this enterprise for mediation; If mediation fails, it may apply to the industrial injury dispute arbitration committee for arbitration. The parties may also directly apply to the industrial injury dispute arbitration committee for arbitration. Anyone who refuses to accept the arbitration award may bring a lawsuit to the people's court.

2. Arbitral tribunal system: The Arbitration Commission shall form an arbitral tribunal when handling industrial injury disputes. The arbitration tribunal consists of three arbitrators. The Arbitration Commission may appoint an arbitrator to handle simple industrial injury dispute cases. The arbitration tribunal's handling of major or difficult industrial injury dispute cases may be submitted to the arbitration commission for discussion and decision; The arbitration tribunal must implement the decision of the arbitration commission.

3. Arbitration jurisdiction: Arbitration committees of counties, cities and municipal districts are responsible for industrial injury disputes within their respective administrative areas. If the enterprise and the employees are not under the jurisdiction of the same arbitration commission, it shall be handled by the arbitration commission where the employee's wage relationship is located.

4. Arbitration agent: The parties may entrust one or two lawyers or other persons as agents to participate in arbitration activities. To entrust others to participate in arbitration activities, a power of attorney signed or sealed by the client must be submitted to the arbitration commission, and the power of attorney shall specify the entrusted matters and authority. A person with no capacity for civil conduct, a person with limited capacity for civil conduct or a deceased employee may participate in arbitration activities on his behalf by his legal representative; If there is no legal agent, the Arbitration Commission shall appoint an agent to participate in the arbitration activities.

The parties shall, within six months from the date when they know or should know that their rights have been infringed, apply in writing to the Arbitration Commission for arbitration. If the parties fail to apply for arbitration within the time limit specified in the preceding paragraph due to force majeure or other legitimate reasons, the Arbitration Commission shall accept it.

6. When the parties apply to the Arbitration Commission for arbitration, they shall submit a complaint and a copy according to the number of defendants. The complaint shall include the following contents:

(1) Name, occupation, address and work unit of the employee; The name and address of the enterprise and the name and position of the legal representative;

(2) The arbitration claim and the facts and reasons on which it is based;

(3) Evidence, names and addresses of witnesses.

7. The Arbitration Commission shall make a decision on acceptance or rejection within seven days from the date of receipt of the complaint. If the arbitration commission decides to accept the case, it shall serve a copy of the complaint on the defendant within seven days from the date of the decision and form an arbitration tribunal; If it decides not to accept it, it shall explain the reasons. The defendant shall submit the defense and relevant evidence within 15 days from the date of receiving the copy of the indictment. Whether the defendant submits the defense on time does not affect the trial of the case. The arbitration commission has the right to require the parties to provide or supplement evidence.

8. The arbitration tribunal shall serve a written notice of the time and place of the hearing on the parties four days before the hearing. If, after receiving the written notice, the parties refuse to appear in court without justifiable reasons or leave the court halfway without the consent of the arbitration tribunal, the appeal shall be rejected and the defendant may be ruled by default.

9. The arbitration tribunal shall mediate in handling industrial injury disputes first, and urge both parties to reach an agreement voluntarily on the basis of finding out the facts. The contents of the agreement shall not violate laws and regulations. If an agreement is reached through mediation, the arbitration tribunal shall make a conciliation statement according to the contents of the agreement, and the conciliation statement shall take legal effect from the date of service. Before the conciliation statement is served, if the conciliation fails to reach an agreement or the parties go back on their words, the arbitration tribunal shall make an award in time.

10. If a party refuses to accept the arbitration award, it may bring a lawsuit to the people's court within 15 days from the date of receiving the award; If no prosecution is brought at the expiration of the time limit, the ruling will take legal effect.

1 1. The parties shall perform the legally effective conciliation statement and award within the prescribed time limit. If one party fails to perform within the time limit, the other party may apply to the people's court for compulsory execution.

12. The arbitration tribunal shall end the industrial injury dispute within 60 days from the date of formation of the arbitration tribunal. If the case is complicated and needs to be postponed, it may be extended appropriately with the approval of the Arbitration Commission, but the extension period shall not exceed 30 days.

13. challenge system: a member of the arbitration commission or an arbitrator shall challenge in any of the following circumstances, and the parties have the right to apply for challenge orally or in writing:

(1) is a party to a work-related injury dispute or a close relative of the party;

(2) Having an interest in the industrial injury dispute;

(3) Having other relations with the parties to the industrial injury dispute, which may affect fair arbitration.

How to apply for industrial injury grade appraisal

The work-related injury appraisal shall apply to the municipal labor ability appraisal committee with districts, and provide relevant information on the work-related injury appraisal decision and the medical treatment of employees.

Work-related injury identification refers to the behavior that the workers who apply for work-related injury identification are identified as work-related injuries, and after the medical treatment is terminated or the medical treatment expires, the labor ability appraisal Committee at or above the municipal level will identify the work-related injuries.

The scope of industrial injury appraisal includes: labor ability appraisal, paid shutdown appraisal confirmation, nursing grade appraisal, disability assistive devices appraisal, etc.

To sum up, it is Bian Xiao's relevant answer about how to arbitrate the work-related injury, hoping to help you.

Legal basis: Article 27 of the Labor Dispute Mediation and Arbitration Law.

The limitation period for applying for labor dispute arbitration is one year. The limitation period for arbitration shall be counted from the date when the parties know or should know that their rights have been infringed.

The limitation of arbitration prescribed in the preceding paragraph shall be interrupted because one party claims the rights of the other party, or requests the relevant departments to provide rights relief, or the other party agrees to perform its obligations. The limitation of arbitration shall be recalculated from the time of interruption.

If the parties fail to apply for arbitration within the time limit stipulated in the first paragraph of this article due to force majeure or other legitimate reasons, the arbitration period shall be suspended. The limitation period of arbitration shall continue to be counted from the date when the reasons for suspension of limitation are eliminated.

If there is a dispute over the arrears of labor remuneration during the existence of labor relations, the employee's application for arbitration is not limited by the limitation period of arbitration stipulated in the first paragraph of this article; However, if the labor relationship is terminated, it shall be proposed within one year from the date of termination of the labor relationship.