1. Apply to the Human Resources and Social Security Bureau for work-related injury identification within one year after being injured by an accident. The materials to be provided are: application form for work-related injury identification, labor contract, medical diagnosis certificate and other materials.
2. After the injury is stable, if the injury seriously constitutes a disability, you may apply to the Labor Ability Appraisal Committee for labor ability appraisal. Need to provide: the relevant information of work-related injury identification decision and work-related injury medical treatment. Only when the specific disability level is determined can the specific compensation amount be determined.
3. Negotiate with the employer about compensation for work-related injuries. If negotiation fails, it may apply to the Labor Dispute Arbitration Committee for labor arbitration.
Legal basis: Regulations on Industrial Injury Insurance
Article 17 If an employee is injured by an accident or is diagnosed and identified as an occupational disease according to the provisions of the Law on the Prevention and Control of Occupational Diseases, the unit to which he belongs shall, within 30 days from the date of the accident injury or the date of the diagnosis and identification as an occupational disease, apply to the social insurance administrative department in the overall planning area for work-related injury identification. Under special circumstances, with the consent of the administrative department of social insurance, the application time limit may be appropriately extended.
If the employing unit fails to apply for work-related injury identification in accordance with the provisions of the preceding paragraph, the employees with work-related injuries or their close relatives and trade unions may directly apply for work-related injury identification to the social insurance administrative department where the employing unit is located within 1 year from the date of the accident injury or the date of being diagnosed as an occupational disease.
Eighteenth applications for work-related injury identification shall submit the following materials:
(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).
Twenty-first workers with work-related injuries are disabled, and their working ability is relatively stable after treatment, so they should be appraised.
Twenty-third labor ability appraisal by the employer, workers or their close relatives to the city labor ability appraisal committee, and provide workers with work-related injury appraisal decisions and medical treatment related information.
Law on mediation and arbitration of labor disputes
Article 2 This Law shall apply to the following labor disputes between employers and employees in People's Republic of China (PRC):
(1) Disputes arising from the confirmation of labor relations;
(2) Disputes arising from the conclusion, performance, alteration, dissolution and termination of labor contracts;
(3) Disputes arising from delisting, dismissal, resignation or resignation;
(4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training and labor protection;
(five) disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation;
(six) other labor disputes as prescribed by laws and regulations.
Article 4 In the event of a labor dispute, the laborer may negotiate with the employer, or request the trade union or a third party to negotiate with the employer to reach a settlement agreement.
Article 5 In the event of a labor dispute, if the parties are unwilling to negotiate, fail to negotiate or fail to perform after reaching a settlement agreement, they may apply to a mediation organization for mediation; Unwilling to mediate, failing to mediate or failing to perform after reaching a mediation agreement, you may apply to the Labor Dispute Arbitration Committee for arbitration; Anyone who refuses to accept the arbitration award may bring a lawsuit to the people's court unless otherwise stipulated in this Law.