I bought accident insurance when I was injured and didn't buy social security. What if the work-related injury is not recognized?

Industrial injury insurance and other commercial insurance are different social security systems. The treatment of work-related injury insurance is relatively high, and the rights and interests of workers with work-related injuries are fully guaranteed. The disability level of your judicial appraisal is not applicable to work-related injury insurance.

The Regulations on Work-related Injury Insurance requires employers to declare work-related injuries within 30 days, otherwise, workers with work-related injuries can apply for recognition within one year. Once identified, all work-related injury benefits will be borne by the employer, and there will be no other relief for more than one year.

Workers with work-related injuries are entitled by law to declare work-related injuries. In fact, it is considered a normal reaction for the employer to obstruct the appraisal through legal means. As for the injury level, the local labor ability appraisal Committee will make it according to the situation.

The following steps are recommended:

First of all, you must apply for work-related injury identification. The time limit of the employer is within 30 days after the injury occurs. If the employer fails to declare the work-related injury identification on time, the laborer or his close relatives and trade unions may directly apply for the work-related injury identification to the social insurance administrative department of the co-ordination area where the employer is located within 1 year from the date of the accident injury or the date of being diagnosed as an occupational disease. Once it is determined that the employer will bear all the work-related injury benefits.

The information submitted is as follows:

1. Go to the local labor insurance administrative department to fill in the application form for work-related injury identification.

2. Laborers and their families can provide the text of the labor contract to prove the existence of labor relations with the employer, which is a complicated link. Sometimes the employer has not signed a written contract with the employee, and the employee can collect some other evidence according to the Notice of the Ministry of Labor and Social Security on Establishing Labor Relations (No.[2005] 12 issued by the Ministry of Labor and Social Security): payroll, salary card, factory entry certificate and certificate of award. If there is no evidence, the existence of labor relations can be determined through the labor arbitration institution, which is the premise. Without labor relations, it is impossible to identify work-related injuries.

3. Medical diagnosis certificate.

If the employing unit refuses to accept the appraisal conclusion, it may bring an administrative reconsideration or administrative lawsuit to the higher authorities where the appraisal institution is located.

2. After the work-related injury is confirmed, the injured employee's injury is stable before the disability level appraisal. This needs to be made by the local labor ability appraisal committee according to the provisions of Classification of Workers' Occupational Injury and Occupational Disease Disability (GBT 16 180-2006). You can refer to it At the same time, it should also make a conclusion about the period of shutdown with pay and the ability to take care of themselves.

If you are dissatisfied with the appraisal conclusion made by the municipal labor ability appraisal committee with districts, you can apply to the labor ability appraisal committee of the province, autonomous region or municipality directly under the Central Government for re-appraisal within/0/5 days from the date of receiving the appraisal conclusion (this appraisal is the final result).

After the conclusion of labor ability appraisal is made 1 year, if the injured workers or their close relatives, their units or agencies think that the disability situation has changed, they may apply for re-examination and appraisal of labor ability. The Regulations on Industrial Injury Insurance gives workers a series of relief rights.

3. After the conclusion of disability grade appraisal (appraisal conclusion of downtime and self-care ability) is reached, if the injured workers have no objection (objection to the appraisal conclusion), they can apply to the provincial labor ability appraisal institution for re-appraisal within 15 days, which is the final conclusion. At the same time, one year after the appraisal conclusion is made, in order to speed up the compensation time, the local labor arbitration department may file an arbitration application based on the work-related injury certificate, the disability appraisal grade conclusion, the shutdown period and the self-care ability appraisal conclusion, and ask the employer to pay the work-related injury treatment. Before the arbitration award, the employer can ask for mediation, and you can refuse mediation (provided that you know the composition of work-related injury treatment and the amount of total treatment, you can also make appropriate concessions to settle the case through mediation, and it is best not to agree to mediation if you don't know). The employer shall perform the legally effective award within the prescribed time limit. If the employer fails to perform within the time limit, it may apply to the people's court for execution in accordance with the relevant provisions of the Civil Procedure Law.

The key here is the identification of work-related injuries. Once the identity of injured workers is identified, they will be more active.

As for the amount of treatment, it is not difficult to calculate the total amount of work-related injury treatment after the appraisal level comes out and the appraisal conclusion of downtime and self-care ability is combined. Let's help you calculate. The key is that there are some uncertainties in the handling of labor relations of employees with work-related injuries. It is necessary to comprehensively consider the attitude and bearing capacity of the employer to avoid other losses caused by "recurrence of old diseases" and "aggravation of illness".

I wonder if I made myself clear.

Good luck!