How to do work related injury appraisal if the unit does not issue a work related injury certificate

The landlord, the unit does not issue a work-related injury certificate, and the injured workers can do it themselves! Take a look:

The Regulations on Work-related Injury Insurance stipulate that if an employee is injured in an accident, the employer shall submit an application for work-related injury recognition to the labor and social security department within 30 days from the date of the accident. And you're going to collect evidence in your favor!

If the employer does not submit an application for recognition of work-related injury, the injured employee, his or her immediate family members, or the trade union organization may directly apply to the labor and social security department where the employer is located for recognition of work-related injury within one year from the date of occurrence of the accident injury.

If the injured employee does not file a work-related injury determination within one year after the occurrence of the work-related injury, it is equivalent to giving up the rights and interests... Remember!!!

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

1) Application form for work-related injury recognition (collected by the local labor department);

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

3) Medical diagnosis certificate (including copies of outpatient medical records, emergency medical records, and inpatient medical records);

Within 60 days from the date of receipt of the application for work-related injury determination, the labor and social security department shall issue a "Work-related Injury Determination" and notify the unit, the employee or his or her relatives. Employees can apply for work-related injury disability appraisal and enjoy work-related injury benefits with the "Work-related Injury Certificate".

Good luck, hope (the landlord is my greatest thanks).

The company is like this, it can be delayed.

The handling method of the work-related injury unit not giving the work-related injury certificate is as follows:

1. Go directly to the arbitration committee of the local labor bureau to apply for confirmation of the de facto labor relationship, and you need to provide the labor arbitration application, the name and registration of the unit, and the proof that the employee works in the unit, and the labor arbitration does not charge a fee;

2. Go to the work-related injury identification department of the labor bureau to identify the work-related injury, and the unit can not stamp it, as long as there is a labor relations award from the labor arbitration committee;

3. After the work-related injury is identified, the labor ability appraisal shall be done, and the specific compensation standard shall be calculated according to the appraisal situation and individual wages and the average social wage.

Regulations on Work-related Injury Insurance

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).

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 of all the materials that need to be supplemented and corrected in writing 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.

Legal analysis: If the employer refuses to apply for work-related injury determination, the injured employee can apply for work-related injury recognition by himself, and then determine the disability level and obtain work-related injury compensation according to the disability level. Since the work-related injury appraisal is only an appraisal of the employee's injuries, even if the work-related injury appraisal company does not issue a certificate, it will not affect the appraisal result of the appraiser.

After receiving the appraisal documents, if the worker is not satisfied with the appraisal grade, or finds that his injury is not fully presented, he or she can request an appraisal again.

Legal basis: Social Insurance Law of the People's Republic of China

Article 36 Where an employee is injured in an accident or suffers from an occupational disease due to work-related reasons, and the work-related injury is recognized, he or she shall enjoy work-related injury insurance benefits; Among them, those who lose their ability to work after the appraisal of their ability to work enjoy disability benefits.

The determination of work-related injuries and the evaluation of labor ability shall be simple and convenient.

Article 37 If an employee is at work due to any of the following circumstances, it shall not be deemed to be a work-related injury:

1) Intentional crime;

2) Drunkenness or drug abuse;

3) self-harm or suicide;

4) Other circumstances provided for by laws and administrative regulations.

Legal analysis: 1. If the work-related injury unit does not issue a wage certificate, the employee may choose to apply to the local labor arbitration commission for labor arbitration, request confirmation of the existence of labor relations, and apply for work-related injury recognition with the labor relationship award confirmed by the arbitration commission. 2. Issue other labor relationship certificates, for example, if there is a labor contract, but there is no labor contract, it is also possible to prove the existence of a de facto labor relationship, such as salary slips or cards, brand plates, work permits, work clothes, recruitment registration forms, attendance records, worker certificates, and recordings of finding a unit to be compensated.

Legal basis: Article 21 of the Law of the People's Republic of China on Labor Dispute Mediation and Arbitration Article 21 The Labor Dispute Arbitration Commission shall be responsible for the jurisdiction of labor disputes occurring in the region.

Labor disputes shall be under the jurisdiction of the labor dispute arbitration commission at the place where the labor contract is performed or where the employer is located. If both parties apply for arbitration to the labor dispute arbitration commission at the place where the labor contract is performed and the place where the employer is located, the labor dispute arbitration commission at the place where the labor contract is performed shall have jurisdiction.