How To Resolve Disputes Over Unit Injury Insurance?

In view of their own interests, employers and employees are very likely to have differences in the identification of industrial accidents, the results of labor capacity appraisal and the level of treatment.

Because the content of the dispute is different, the way of handling is different.

In order to prevent similar incidents, workers should understand their legitimate rights and interests and not sign contracts or agreements with employers. If employers are found to force employees to sign such agreements, workers can refuse and sign labor contracts with their employers.

First of all, disputes arise when declaring industrial injuries and dealing with industrial injury insurance benefits, and shall be handled in accordance with the relevant provisions of labor dispute handling.

For ordinary workers, it is very difficult to collect all relevant proof of industrial injury insurance.

Bear the burden of proof not only seriously violates the legitimate rights and interests of workers, but also makes a large number of labor disputes can not be resolved in time, and industrial injury compensation is also tardy.

Therefore, the regulations on work-related injury insurance stipulate that workers or their immediate family members believe that they are work-related injuries and that employers do not consider them to be work-related injuries. The employer shall bear the burden of proof.

That is to say, all kinds of related certificates can be run by the unit, and the injured workers will not be allowed to run on the way of appealing.

Employers often do not want to identify accidents.

Once identified as work-related injury, it will have a negative impact on the employer. The next year's industrial injury insurance premium rate will also be raised accordingly, thereby increasing the cost of the enterprise.

When dealing with work-related injury insurance benefits, the employer tends to minimize the accident losses. This will inevitably damage the rights and interests of workers injured by industrial injury and reduce the insurance benefits they should have received, thus resulting in disputes with work-related injury workers.

Secondly, the work injury identification and industrial injury made by the labor administration department

If the decision of the treatment and payment of the agency is dissatisfied, it shall be handled in accordance with the relevant laws and regulations of administrative reconsideration and administrative litigation.

Once again, the workers who are injured by industrial injury are not satisfied with the conclusion of the disability assessment of the labor appraisal committee, they may apply for reexamination to the office of the local labor appraisal committee, and if they refuse to accept the conclusion of the reappraisal, they may apply to the higher level labor appraisal committee for re appraisal.

The final conclusion of the review and appraisal shall be made by the provincial labor appraisal institution, and the reexamination and appraisal procedures shall be stipulated by the labor appraisal committee of all provinces, autonomous regions and municipalities directly under the central government.

Huang, 22, worked as a temporary worker in a privately contracted construction company in Dongguan in May 2004 and signed an employment agreement.

In the agreement, the employer is not responsible for any industrial injury.

Six months later, Huang accidentally fell from the height of 3 meters, resulting in comminuted fracture of the left tibia and fibula, and the company sent a car to the hospital for treatment.

During the treatment, the contractor left 2000 yuan to Huang and he was no longer responsible.

Huang seeks help from the labor and Social Security Department of Dongguan.

Huang's situation is not unique at the moment.

In some private enterprises, many bosses require employees to sign "life and death contracts" when recruiting people, and they are not responsible for work-related injuries or accidents.

As a matter of fact, workers may still be entitled to work-related injury insurance when they encounter industrial accidents.

Because the agreement on the terms "employer is not responsible for the work-related injuries of migrant workers" is illegal, the contract is invalid from the date of signing.

Workers who are injured by accidents during their work can still be identified according to the "industrial injury insurance Ordinance" and receive compensation for work-related injuries.