Urgent! ! ! ! How long does it take from the prosecution of work-related death to the end of acceptance? Can you tell me the specific process?

How long does it take to file an industrial injury compensation lawsuit? The general summary procedure is three months, and the general procedure is six months. Under special circumstances, the longest time can reach fifteen months. If the case has been filed in the court, the court will first seek mediation between the two parties. If mediation fails, the court will make a fair judgment according to the actual situation. If the other party does not appeal or compensate after receiving the judgment, it may apply to the court for enforcement.

Legal analysis

Legal procedures for work-related death accidents: 1. Immediately fill in the Report on Work-related Death and go to the local work-related injury insurance management institution for work-related injury identification. In the event of a fatal accident, labor supervision, safety management and public security supervision will be involved in the investigation to determine the responsibility, and the follow-up business process will be carried out after the work-related injury is identified. 2, the employer must buy work-related injury insurance for employees, the labor department will accept the work-related injury identification, in line with the conditions, the work-related injury insurance fund to pay a one-time fee. If industrial injury insurance is not purchased, all expenses shall be borne by the employer. 3. If the employer fails to purchase work-related injury insurance for employees, the employer may negotiate with the family members of the deceased and handle it with reference to the provisions on compensation for personal injury. Under normal circumstances, personal injury compensation is higher than one-time work-related death subsidy.

The basic process of bringing a lawsuit to the court: submit a complaint to the court with jurisdiction to apply for filing, and the parties prepare evidence; The court will serve the announcement of the court session and notify both parties of the court session time within seven working days; On the day of the trial, bring all the materials to the court to give evidence and debate and express opinions; The court conducts mediation; if mediation fails, the collegial panel makes a judgment; Waiting for the judgment and execution of the court.

legal ground

People's Republic of China (PRC) Civil Procedure Law

Article 120 A complaint shall be submitted to the people's court, and copies shall be submitted according to the number of defendants. If it is really difficult to write a complaint, it can be made orally, which will be recorded by the people's court and the other party will be informed.

Article 123 The people's court shall guarantee the right of prosecution enjoyed by the parties according to law. A lawsuit that conforms to Article 119 of this Law must be accepted. Those who meet the conditions for prosecution shall file a case within seven days and notify the parties concerned; If it does not meet the conditions for prosecution, it shall make a ruling within seven days and refuse to accept it; If the plaintiff refuses to accept the ruling, he can appeal.

Article 126 The people's court shall inform the parties concerned of their litigation rights and obligations in the notice of accepting the case and the notice of responding to the lawsuit, or orally.

Article 132 If a party who must join a joint lawsuit fails to participate in the lawsuit, the people's court shall notify him to participate in the lawsuit.

Article 149 A case tried by the people's court through ordinary procedures shall be concluded within six months from the date of filing the case. If there are special circumstances that need to be extended, it can be extended for six months with the approval of the president of our hospital; If an extension is needed, it shall be reported to the people's court at a higher level for approval.

Article 161 When a people's court tries a case by summary procedure, it shall conclude the case within three months from the date of filing the case.