Step 1: Identification of Work-related Injury The social insurance agency will investigate the work-related injury (death) accident to determine whether it belongs to work-related injury, which is the first step of general work-related injury. However, if the employer recognizes the work-related injury in writing and fails to apply for work-related injury insurance, it may not be handled according to this procedure. If the unit fails to make a work-related injury identification, the injured person must make an application for work-related injury identification to the labor department within one year from the date of the accident. After investigation and identification, the social security agency shall notify the unit and the injured person in writing. Step 2: Identification of Work-related Injury Identification refers to the behavior of the labor appraisal committee at or above the county level, on the basis of identification of work-related injuries (that is, after completing the work-related injury identification procedure), to evaluate the disability level of employees who apply for work-related injury identification after the medical treatment of employees ends or expires. In a broad sense, industrial injury appraisal includes labor ability appraisal and disability grade appraisal. In a narrow sense, industrial injury appraisal refers to disability grade appraisal. Step 3: Negotiate compensation procedures. After the work-related injury appraisal, the compensation amount can be calculated according to the appraisal standard. If the unit has invested in industrial injury insurance, it shall be paid directly by the national industrial injury insurance institution according to the standard. If there is no insurance (especially in industrial injury insurance institutions), it shall be settled through consultation with the employer according to the standards. Step 4: If the labor arbitration procedure fails to be negotiated with the employer, arbitration can be initiated in accordance with the Regulations on Work-related Injury Insurance and the Regulations on Work-related Injury Insurance promulgated by various provinces and cities. Step 5: If you are dissatisfied with the labor arbitration, you can bring a lawsuit to the court for settlement. Anyone who refuses to accept the judgment of the court of first instance may appeal to the court of second instance according to law. Step 6: After the enforcement procedure arbitration or judgment comes into effect, if the employer fails to pay the compensation fee, it may apply to the executive board of the court for enforcement according to the effective legal documents, which will be enforced by the court. Step 7: If the appeal procedure is not satisfied with the effective judgment, you can apply to start the retrial procedure, but it is generally difficult.
legal ground
Article 38 of the full text of People's Republic of China (PRC) Social Insurance Law.
The following expenses incurred due to work-related injuries shall be paid by the work-related injury insurance fund in accordance with state regulations: (1) medical expenses and rehabilitation expenses for treating work-related injuries; (2) Hospitalization food subsidies; (three) transportation and accommodation expenses for medical treatment outside the overall planning area; (four) the cost of installing and configuring assistive devices for the disabled; (five) life can not take care of themselves, confirmed by the labor ability appraisal committee of life care costs; (6) One-time disability allowance and monthly disability allowance for disabled employees of Grade I to IV; (seven) the one-time medical subsidy that should be enjoyed when the labor contract is terminated or dissolved; (8) Funeral grants, dependent relatives' pensions and work-related death grants received by survivors of work-related deaths; (nine) labor ability appraisal fee.