Can I apply for a work related injury appraisal if I resign?

After resignation, you can get a work-related injury appraisal. An injured employee or his close relatives or a trade union organization may, if the employer has not applied for it, apply for a work-related injury recognition within one year from the date of occurrence of the accident injury or the date of diagnosis or appraisal of an occupational disease; Apply for labor ability appraisal after the injury is relatively stable.

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 Control of Occupational Diseases, the unit to which he or she belongs shall, within 30 days from the date of occurrence of the accident injury or the date of diagnosis or appraisal of an occupational disease, submit an application for recognition of work-related injury to the social insurance administrative department of the coordinating area. 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 close relatives or trade union organization may, within one year from the date of occurrence of the accident injury or the date of diagnosis or appraisal of an occupational disease, directly submit an application for recognition of work-related injury to the social insurance administrative department of the coordinating area where the employer is located.

1. It is recommended that the worker urge the employer to submit an application for work-related injury recognition to the social insurance administrative department of the coordinating area within 30 days from the date of occurrence of the accident injury, and if the employer fails to submit an application for work-related injury recognition in accordance with the regulations, the employee himself can also directly submit an application for work-related injury recognition to the social insurance administrative department of the co-ordinating area where the employer is located within one year from the date of occurrence of the accident injury;

2. The social insurance administrative department shall make a decision on the determination of work-related injury within 60 days from the date of acceptance of the application for work-related injury determination, and notify the employee or his close relatives and the employee's unit in writing of the application for work-related injury determination.

3. After the identification, the employer, the injured employee or his close relatives shall submit an application for labor ability appraisal to the labor ability appraisal committee of the city divided into districts, and provide the relevant information of the work-related injury determination decision and the employee's work-related injury medical treatment;

4. After the work-related injury is identified, the employee can apply for the labor ability appraisal at the end of the work-related injury appraisal, and then enjoy the work-related injury treatment stipulated in the "Work-related Injury Insurance Regulations" according to the appraisal conclusion;

5. Resignation does not affect the identification and appraisal of work-related injuries, and it is difficult to protect rights and interests if the work-related injury identification time is missed.

It is also possible to resign, but you must first apply for a work-related injury determination and then do a work-related injury appraisal.

Legal Analysis: Leaving a job can determine the level of work-related injury. After the injured employee is relatively stable, the employer, the injured employee or his close relatives shall submit an application for labor ability appraisal to the labor ability appraisal committee of the city divided into districts.

The labor ability appraisal committee at the districted city level shall make a labor ability appraisal conclusion within 60 days from the date of receipt of the labor ability appraisal application, and may extend it by 30 days if necessary.

Legal basis: "Regulations of the People's Republic of China on Work-related Injury Insurance" Article 21 If an employee suffers a work-related injury and has a disability that affects his or her ability to work after the injury is relatively stable, he or she shall be evaluated for his or her ability to work.

Legal analysis: If you apply for a work-related injury appraisal, you can leave your job, but you cannot enjoy work-related injury medical treatment. The lump sum disability benefit is available at the time of employment, while the lump sum medical benefit for work-related injuries and the lump sum disability employment benefit are available at the time of separation.

Legal basis: 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) 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) Injured by violence or other accidents during working hours and in the workplace due to the performance of work duties;

4) Suffering from occupational diseases;

5) Injured or unaccounted for in an accident while away for work;

6) Injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train for which they are not primarily responsible;

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

Article 30 Employees who are injured in accidents or suffer from occupational diseases due to work shall enjoy medical treatment for work-related injuries.

Employees who are injured at work shall seek medical treatment in a medical institution that has signed a service agreement, and in case of emergency, they can first go to the nearest medical institution for first aid.

**If the expenses required for work-related injuries meet the requirements of work-related injury insurance diagnosis and treatment items, work-related injury insurance drug lists, and work-related injury insurance hospitalization service standards, they shall be paid from work-related injury insurance**. The catalogue of work-related injury insurance diagnosis and treatment items, the catalogue of work-related injury insurance drugs, and the hospitalization service standards of work-related injury insurance shall be prescribed by the social insurance administrative department in conjunction with the health administrative department, the food and drug supervision and administration department and other departments.

The food subsidy for the hospitalization of the employee for the work-related injury, as well as the transportation, accommodation and accommodation expenses required for the work-related injury employee to seek medical treatment outside the co-ordination area shall be paid from the work-related injury insurance, and the specific standard of payment shall be stipulated by the people of the co-ordination area.

Injured employees are not entitled to medical treatment for work-related injuries and shall be dealt with in accordance with the basic medical insurance measures.

If the work-related injury employee goes to the medical institution that has signed the service agreement to carry out the work-related injury**, if it meets the requirements, it shall be paid from the work-related injury insurance**.

OK. The validity period of the work-related injury determination is one year after the accident, and the employee can apply for the work-related injury recognition within one year, and after receiving the work-related injury certificate, he can apply for the labor ability appraisal when the condition is stable or discharged.

Article 17 of the Regulations on Work-related Injury Insurance stipulates that 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 Control of Occupational Diseases, the unit to which he 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 the accident injury or the date of diagnosis or appraisal of the occupational disease type. 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 close relatives or trade union organization may, within one year from the date of occurrence of the accident injury or the date of diagnosis or appraisal of an occupational disease, directly submit an application for recognition of work-related injury to the social insurance administrative department of the coordinating area where the employer is located.

Summary. Hello, you can leave your job, but it is not recommended that you leave in such a hurry, and wait for the end of the leave period and the results of the labor ability appraisal before leaving the job.

Hello, you can leave your job, but it is not recommended that you leave in such a hurry, and wait for the end of the leave period and the results of the labor ability appraisal before leaving the job.

Premature resignation may affect the enjoyment of work-related injury insurance benefits.

Work can be suspended during the suspension period, but the company needs to pay wages, and cannot pay less or no wages.

Legal basis: Article 33 of the Regulations on Work-related Injury Insurance If an employee is injured in an accident or suffers from an occupational disease due to work and needs to suspend work to receive medical treatment for work-related injury, the original salary and benefits shall remain unchanged during the period of suspension of work and salary, and shall be paid by the employer on a monthly basis. The period of leave without pay is generally not more than 12 months.

If the injury is serious or the circumstances are special, it may be appropriately extended upon confirmation by the Qiye Appraisal Committee for Labor Ability at the districted city level, but the extension must not exceed 12 months. After the work-related injury is assessed, the original benefits shall be suspended and the disability benefits shall be enjoyed in accordance with the relevant provisions of this Chapter. If the former employee of the work-related injury fluid still needs to be ** after the expiration of the period of suspension of work and salary, he or she shall continue to enjoy the medical treatment of the work-related injury.

If an injured employee who is unable to take care of himself needs nursing care during the period of suspension of work with pay, the unit to which he or she belongs shall be responsible.