1980, Xu is a company employee. In July 2005, her right hand in the work when the machine jammed, the hospital diagnosed as right index finger paratelum, damage. Because there is no labor contract signed with the company, the company refused to recognize the labor relationship between the two sides, which can only be labor arbitration.
due to the lack of self-protection awareness and rights, some workers because of injury claims to spend a lot of time and energy, and even can not get compensation. So after injury, how rights?
– signed a contract to retain evidence
"labor contract law" on the signing of the contract has been more clearly defined, and provides the corresponding punishment measures, more conducive to the protection of the rights and interests of workers. When the employee is required to sign a contract with the employer, and to keep the relevant evidence of employment, the employment contract and the certificate of induction may prove the labor relationship between the employer and the employer. Workers should pay attention to keep the relevant evidence in their daily work.
– timely injury identification
worker is injured in an accident or diagnosis, in accordance with the provisions of occupation disease prevention law for identification of occupation disease, the unit shall notify the overall area of the administrative departments of labor security and the insured within 24 hours of the social insurance agency, and since the accident occurred or were diagnosed and identified within 30 days of the occupation disease. The application for ascertainment of the written to the administrative department of labor security industrial area.
the employer according to the provisions of the preceding paragraph proposed injury to apply, the employees or their immediate family members, trade unions are in diagnosis, the accidental injury or identification within 1 years of occupation disease, can be directly to the unit where the administrative department of labor security of the application for ascertainment of a work-related injury.
proposed reasonable compensation
an employee shall lodge a claim for compensation in accordance with the law. According to the relevant provisions, when the workers were identified as work-related injuries, the enterprise should pay for medical expenses, meals and other expenses. If the end of the treatment of medical treatment (relatively stable) after the presence of disability, affecting the ability to work, should be able to accept the ability to work.
– first apply for labor arbitration
after the injury as a result of compensation disputes, workers should first apply to the labour dispute arbitration committee for arbitration, the period for applying for arbitration within 60 days from the date when the labor dispute arises, refused to accept the arbitration award, then to the people’s court.