I am not hospitalized, but I am injured at work, can I apply for a work related injury?

Updated on society 2024-02-25
9 answers
  1. Anonymous users2024-02-06

    First, the application for work-related injury depends on the determination of the relevant social insurance center, and does not necessarily require hospitalization.

    Second, you can contact the unit, let the unit and you go to the social insurance center for identification, third, you can consult the local social insurance center **12333, fourth, there are all kinds of online, only the local answers are the most authoritative, the most accurate, and the fifth At the same time, it is recommended that you usually buy more commercial insurance as a supplement and improvement, so as to effectively improve your quality of life.

    Sixth, I wish you success in your work, a prosperous career, a healthy life, and a happy family.

  2. Anonymous users2024-02-05

    Work-related injuries are not based on hospitalization.

  3. Anonymous users2024-02-04

    Legal analysis: According to the provisions of China's law, if the determination of work-related injury does not necessarily require hospitalization to be recognized, the following conditions can be applied for: 1. The application materials are complete; 2. It is under the jurisdiction of the administrative department of labor and social security; 3. The statute of limitations for acceptance has not yet passed; 4. The applicant is eligible.

    Legal basis: Regulations of the People's Republic of China on Work-related Injury Insurance Article 20 The social insurance administrative department shall, within 60 days from the date of accepting the application for work-related injury determination, make a decision on the determination of work-related injury repentance and injury, and notify the employee or his close relatives who apply for work-related injury determination and the unit where the employee is employed. The social insurance administrative department shall make a decision on the determination of work-related injury within 15 days of accepting an application for work-related injury determination where the facts are clear and the rights and obligations are clear.

    Where it is necessary to base a decision on the determination of work-related injuries on the basis of the conclusion of the judicial organ or the relevant administrative department, the time limit for making a determination of work-related injury is suspended during the period that the judicial organ or the relevant administrative department has not yet made a conclusion. Where the staff of the social insurance administrative department has an interest in the applicant for work-related injury determination, they shall recuse themselves.

  4. Anonymous users2024-02-03

    If you are not hospitalized for a work-related injury, you can still apply for a work-related injury. The unit or the employee himself may apply to the social insurance administrative department for a determination of work-related injury in accordance with the law, and submit a written labor contract, medical diagnosis certificate and other materials. However, if the employee deliberately refuses, he or she cannot enjoy the benefits of work-related injury insurance.

    [Legal basis].Article 18 of the Regulations on Work-related Injury Insurance.

    The following materials shall be submitted to submit an application for the identification of work-related injuries:

    1) Application form for determination of work-related injury;

    2) Proof of the existence of an employment relationship (including a de facto employment relationship) with the employer;

    3) Medical diagnosis certificate or occupational disease diagnosis certificate (or occupational disease diagnosis and appraisal certificate).

    The application form for determination of work-related injury shall include basic information such as the time, place, and cause of the accident, as well as the degree of injury of the employee.

    Where the materials provided by the applicant for work-related injury determination are incomplete, the social insurance administrative department shall inform the applicant in writing of all the materials that need to be supplemented and corrected at one time. After the applicant requests to supplement and correct the materials in accordance with the written notice, the labor and social security administrative department shall accept the application.

    Article 42.

    If an injured employee has any of the following circumstances, he or she shall cease to enjoy work-related injury insurance benefits:

    1) Loss of conditions for enjoying benefits.

    2) Refusal to accept the appraisal of labor ability.

    c) Refusal.

  5. Anonymous users2024-02-02

    Legal Analysis: Yes, as long as you meet the criteria for determining work-related injuries, you can report work-related injuries. If you are not hospitalized, you can only claim medical expenses for medical expenses, but you can claim from the company for wages, food subsidies, wages, and if you have someone to take care of you, you can also claim for your nursing expenses, as well as a one-time disability subsidy, a one-time medical subsidy for work-related injuries, a one-time employment subsidy for work-related injuries, and so on.

    Legal basis: Article 14 of the Regulations on Work-related Injury Insurance Article 14 An employee shall be deemed to have suffered a work-related injury under any of the following circumstances: (1) he or she is injured in an accident due to work-related reasons during working hours and in the workplace; (2) Being injured in an accident while engaging in work-related preparatory or finishing work in the workplace before or after working hours; (3) Suffering violence or other accidental injuries during working hours and in the workplace as a result of performing work duties; (4) Suffering from an occupational disease; (5) During the period when they are away for work, they are injured due to work reasons or their whereabouts are unknown in an accident; (6) Being injured in a traffic accident or an urban rail transit, passenger ferry, or train accident for which they are not primarily responsible while commuting to or from work; (7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.

    Social Insurance Law of the People's Republic of China Article 38 The following expenses incurred due to work-related injuries shall be paid from work-related injury insurance** in accordance with national regulations: (1) medical expenses and expenses for work-related injuries; (2) Hospitalization meal subsidy and tremor fee; (3) Transportation and lodging expenses for medical treatment outside the overall planning area; (4) The cost of installing and configuring assistive devices for the disabled; (5) For those who are unable to take care of themselves, the living care expenses confirmed by the Labor Ability Appraisal Committee; (6) A one-time disability subsidy and a monthly disability allowance for disabled employees of grades 1 to 4; (7) A one-time medical subsidy to be enjoyed when the labor contract is terminated or dissolved; (8) Funeral allowances, pensions for dependent relatives and work-related death subsidies received by the surviving family members of the survivors who died on the job; (9) Labor ability appraisal fee.

  6. Anonymous users2024-02-01

    Legal Analysis: Yes.

    According to the provisions of Chinese law, if a work-related injury determination does not necessarily require hospitalization to be recognized, a work-related injury determination can be applied for if the following conditions are met:

    1. The application materials are complete;

    2. It is under the jurisdiction of the administrative department of labor and social security;

    3. The statute of limitations for acceptance has not yet passed;

    4. The applicant is eligible.

    The above four conditions must be met at the same time, otherwise, the application will not be accepted.

    Legal basis: Article 14 of the Regulations on Work-related Injury Insurance An employee shall be deemed to have suffered a work-related injury if he or she has any of the following circumstances:

    1) Being injured in an accident during working hours and in the workplace due to work-related reasons;

    (2) Being injured in an accident while engaging in work-related preparatory or finishing work in the workplace before or after working hours;

    (3) Suffering violence or other accidental injuries during working hours and in the workplace as a result of performing work duties;

    (4) Suffering from an occupational disease;

    (5) During the period when they are away for work, they are injured due to work reasons or their whereabouts are unknown in an accident;

    (6) Being injured in a traffic accident or an urban rail transit, passenger ferry, or train accident for which they are not primarily responsible while commuting to or from work;

    7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.

  7. Anonymous users2024-01-31

    Even if the employee is not hospitalized, as long as the employee meets the requirements that should be recognized as a work-related injury or treated as a work-related injury, he or she can still apply for work-related injury recognition, but the employer or the employee must submit an application form and written labor contract in accordance with the law.

    Legal basis] Article 17 of the Regulations on Work-related Injury Insurance.

    If an employee is injured in an accident or is diagnosed or appraised as an occupational disease in accordance with the provisions of the Law on the Prevention and Treatment of Occupational Diseases, the employer to which he or she belongs shall submit an application for recognition of work-related injury to the social insurance administrative department of the coordinating area within 30 days from the date of occurrence of the accident injury or the date of diagnosis or appraisal of the occupational disease. In case of special circumstances, the time limit for application may be appropriately extended with the consent of the social insurance administrative department.

    If the employer fails to submit an application for recognition of work-related injury in accordance with the provisions of the preceding paragraph, the injured employee or his immediate family members or the labor union organization may directly submit an application for determination of work-related injury to the labor and social security administrative department of the co-ordinating area where the employer is located within one year from the date of occurrence of the accident injury or the date of diagnosis or appraisal of the occupational disease.

    Article 18. The following materials shall be submitted to submit an application for determination of work-related injury:

    1) Application form for determination of work-related injury;

    2) Proof of the existence of an employment relationship (including a de facto employment relationship) with the employer;

    3. Medical diagnosis certificate or occupational disease diagnosis certificate (or occupational disease diagnosis and appraisal certificate).

  8. Anonymous users2024-01-30

    Hello, according to the provisions of the law of Wang Fengguo, if the work-related injury identification does not necessarily require hospitalization to be recognized, the following conditions can be applied for work-related injury identification: 1. The application materials are complete; 2. It is under the jurisdiction of the administrative department of labor and social security; 3. The statute of limitations for acceptance has not yet passed; 4. The applicant is eligible. The above four conditions must be met at the same time, otherwise, the application will not be accepted.

    Questions. How long does it take?

    The administrative department for labor and social security shall, within 60 days from the date of accepting the application for determination of work-related injury, make an administrative decision on whether it is a work-related injury.

  9. Anonymous users2024-01-29

    As long as the conditions for work-related injury recognition are met, you can apply for work-related injury recognition with you.

    According to Article 14 of the Regulations on Work-related Injury Insurance, an employee shall be deemed to have suffered a work-related injury if he or she has any of the following circumstances:

    1) Being injured in an accident during working hours and in the workplace due to work-related reasons;

    (2) Being injured in an accident while engaging in work-related preparatory or finishing work in the workplace before or after working hours;

    (3) Suffering violence or other accidental injuries during working hours and in the workplace as a result of performing work duties;

    (4) Suffering from an occupational disease;

    5) During the period when they are out for work, they are injured due to work reasons or their whereabouts are unknown in the event of an accident;

    (6) Being injured in a traffic accident or an urban rail transit, passenger ferry, or train accident for which they are not primarily responsible while commuting to or from work;

    Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.

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