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Let me tell you what you need to do first:
First, save the emergency, so that the unit can pay enough medical expenses to tide over the critical period. If the unit provides full medical expenses, we should consider the settlement of claims later. If you don't have enough medical expenses, you have to consider the medical expenses first, and you can directly complain to the relevant government departments to solve the emergency.
second, after medical assistance, we will consider the issue of compensation afterwards. The most important thing is to collect or save the evidence first. The evidence is in hand, and it can be settled privately or through legal procedures. The initiative is in your hands. Without evidence, it will be passive. There are mainly two aspects of evidence in industrial injury cases: one is evidence of labor relations, such as labor contract, work permit, salary card, salary slip and so on; The second is the evidence of the work-related injury, the testimony of more than two first-site witnesses (including a copy of the witness's ID card) or other evidence that can prove the work-related injury, such as the certificate issued by the unit. In addition, investigate the industrial and commercial information of the unit as soon as possible, find out whether it has handled work-related injury insurance for the injured, understand the subcontracting relationship and employment relationship, etc. If the unit has handled work-related injury insurance, it should declare it within 31 days.
Third, if there is no evidence, it is necessary to create conditions to form evidence. You can form investigation materials by complaining to the safety supervision bureau, the safety supervision department of the street office and the labor department, or form evidence for backup by other means, such as asking lawyers to collect evidence. Lawyers are generally experienced. With the evidence that can go through legal procedures, it means that you have the weight of negotiation, and you can negotiate and solve it or go through legal procedures.
fourth, find a lawyer to consult face to face, and have an understanding of the whole legal procedure and the amount of compensation. In this way, it is easy to make decisions in subsequent negotiations and legal procedures. You can also check the Regulations on Work-related Injury Insurance, the Measures for Determining Work-related Injury and the local work-related injury laws and regulations in the place where the work-related injury occurred.
remember one thing: the time limit for you to apply for work-related injury identification is only one year, counting from the date of the accident. Therefore, if reconciliation is to be made as soon as possible, the one-year deadline cannot be missed. Some units will fool you into missing a year, and then your application for work-related injury identification will not be accepted, and it will be difficult to defend your rights.
6. The following are the materials to be prepared in general legal procedures. You can refer to them and collect them in advance.
Work-related injury identification (summarized by lawyer Yu Weian)
According to the regulations of the Labor and Social Security Bureau of Xi 'an City, Shaanxi Province, the following materials should be provided when applying for work-related injury identification:
1. List of application materials for work-related injury identification, with the number of pages of the application materials provided marked (in duplicate).
2. All units participating in work-related injury insurance shall provide the original and photocopy of the Accident Declaration Registration Form of the Work-related Injury Insurance Fund Center (the time when the handling personnel fill in the application materials on the Accident Declaration Registration Form)
3. Work-related injury identification application report (indicating the detailed process of injury). Including time, place, on-site witnesses and how the employer handled the injury-to-injury accident, and whether it was submitted to the safety production supervision and management department and the accident closure).
4. Work-related injury identification application form in triplicate (when the employer declares, the employer's comments column and cover in the form shall be stamped with the official seal).
5. Personal application (stating the accident and the injuries).
6. Testimonies of two or more witnesses (what they saw and heard at the first scene of the incident) and identification certificates of the witnesses.
7. A copy of the identity certificate of the party concerned.
8. Whether the parties and the employing unit have proof of labor relations (including factual labor relations).
9. Copies of relevant medical materials such as first-visit medical records, hospitalization medical records, inspection reports and diagnosis certificates.
11. A copy of the employer's registration form (not provided by the insured unit).
An individual application should provide information about the employer: (1) Full name, detailed address, postal code and contact information of the employer. (2), the name of the industrial and commercial registration authorities. (3) Name and contact information of the legal representative.
11. When entrusting others to identify work-related injuries, a power of attorney shall be issued. Indicate the name, contact information and authorized scope of the specific undertaker.
12. Other materials that need to be provided: (1) Traffic accidents must be certified by the traffic management department. (2) The traffic accident responsibility confirmation issued by the vehicle management department of the enterprise shall be issued for the traffic accident of the enterprise. (3) Those who are beaten and disabled in the performance of their duties must issue a judgment from the public security department certifying the court.