Legal Information

27 2026-10

What should I do if my employer refuses to pay my work-related injury compensation?

If the unit refuses to pay the workers' compensation benefits, you can file a complaint, initiate arbitration, or file a lawsuit, and apply for compulsory enforcement. If you have purchased insurance and meet the relevant conditions, you can apply for advance payment from the workers' compensation insurance fund in accordance with Article 41 of the Social Insurance Law to protect your rights.

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27 2026-10

Can I receive both workers' compensation benefits and my salary at the same time?

During the period of suspension of work with pay, the original salary and benefits remain unchanged and can coexist with work-related injury benefits; one-time disability allowances and other benefits can also be received at the same time. However, disability allowances and wages are generally not compatible. If you receive the allowance, you will not be assigned to work.

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27 2026-10

What should injured workers do if they are dismissed by their employers?

Workers who have suffered work-related injuries are subject to dismissal restrictions during the period of suspension of work and salary and the statutory protection period. If the employer illegally dismisses them, the workers can claim to continue to perform the contract or receive compensation (twice the amount of economic compensation), and first seek arbitration to confirm the illegal dismiss...

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27 2026-10

Can workers with level 5 or level 6 work-related injuries stop working and receive compensation instead?

For workers with level 5 or level 6 work-related injuries who are difficult to arrange work for by their units, their labor relations can be maintained and they do not need to go to work. The unit shall pay them a disability allowance (70% for level 5 and 60% for level 6) on a monthly basis and continue to pay social insurance for them. If the worker requests it, the labor relationship can be term...

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27 2026-10

Who pays the one-time work-related injury medical subsidy?

The one-time work-related injury medical subsidy is paid by the work-related injury insurance fund, provided that the injury is identified, the degree of disability is determined to be between level 5 and level 10, and the labor relationship is terminated or dissolved; the specific standards are set by the provincial government.

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27 2026-10

How to file a complaint against a judge's passive inaction in enforcement proceedings?

If the enforcement judge refuses to take action, you can apply for enforcement supervision to the disciplinary inspection and supervision department of the enforcement court, the enforcement bureau of the higher court, and the procuratorial organ. You can also report the matter through channels such as 12368, and be sure to keep evidence of the delay in enforcement.

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27 2026-10

What should I do if the person subject to enforcement has no assets under their name?

The person subject to enforcement has no property to apply for terminating the current enforcement and continuing the investigation. If new property is found, the enforcement can be resumed. If the shareholders have not paid the capital in full, they can request them to bear the supplementary compensation liability within the scope of their subscribed capital.

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27 2026-10

Do I need to pay an enforcement fee when applying for enforcement of a judgment?

Applicants do not need to pay the enforcement fee in advance when applying for enforcement. The enforcement application fee shall be borne by the respondent and deducted after the enforcement is completed. The enforcement fee shall be accumulated in stages according to the amount of the subject matter, and the attorney's fee shall be calculated separately.

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27 2026-10

How long after the judgment takes effect can I apply for enforcement?

The period for applying for enforcement of the judgment is two years, which starts from the expiration of the performance period or the effectiveness of the document, and the statute of limitations is suspended or interrupted during this period. The applicant does not need to pay the enforcement fee in advance, which shall be borne by the respondent. It is recommended to apply for enforcement in a...

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27 2026-10

After reaching a settlement, what should you do if the other party breaches the contract again?

After the settlement, if the other party breaches the contract again, those who have a court mediation agreement can directly apply for enforcement; for private settlements, they can sue according to the agreement and claim breach of contract liability. It is recommended to include a breach of contract clause in the agreement.

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27 2026-10

What will happen if I don't attend the pre-litigation mediation in court?

Pre-litigation mediation follows the principle of voluntariness. If you don't attend, you won't be forced to do so or suffer a direct loss, but you may miss the opportunity to resolve the dispute at low cost. After the case is officially filed, you still need to respond to the lawsuit.

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27 2026-10

Are the mediation agreement and the judgment document equally effective?

The effective mediation agreement and the effective judgment have the same legal effect, and both can be applied for enforcement; the mediation agreement takes effect upon its receipt and is generally not subject to appeal, while the judgment can be appealed.

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27 2026-10

Is there a high probability of a change in the verdict in the second instance of a debt case?

Whether the second-instance judgment of the debt changes depends on whether there are factual or legal errors in the first-instance judgment. According to Article 177 of the Civil Procedure Law, if the original judgment is correct, it will be upheld; if there are indeed errors, the judgment will be changed or remanded for retrial.

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27 2026-10

What should you do if you receive a notice requiring you to demolish the building within a specified time limit before the forced demolition takes place?

Receiving a notice of demolition within a specified time limit does not necessarily mean that the demolition will be carried out by force. According to Article 44 of the Administrative Enforcement Law, the authorities should first issue a public notice and set a time limit for self-demolition. If the party concerned seeks relief through administrative reconsideration within 60 days or litigation w...

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27 2026-10

Are the fees charged by lawyers for land expropriation and demolition very high?

There is no unified government pricing for the fees charged by lawyers handling land expropriation and demolition cases. The fees are calculated on a per-case basis, as a percentage of the case value, or on an hourly basis. Administrative litigation prohibits contingency fees, while other cases are subject to a fee cap and require clear provisions in a written contract.

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