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Disability benefits and medical expenses were already taken care of at that time, right? If you resign after five years, there is also a subsidy.
If the labor or employment contract is terminated upon expiration, or the employee himself or herself proposes to terminate the labor or employment contract, the work-related injury insurance** shall pay a one-time medical subsidy for work-related injuries, and the employer shall pay a one-time disability employment subsidy. The specific standards for one-time medical subsidies for work-related injuries and one-time employment subsidies for disability shall be prescribed by the people of provinces, autonomous regions and municipalities directly under the Central Government.
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Hello, the reimbursement time limit has been exceeded and can no longer enjoy medical insurance benefits!
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This depends on whether you are still insured and what expenses you are reimbursed.
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The labor relationship has not been terminated, and the old injury ** enjoys the treatment of work-related injury medical treatment and the period of suspension of work.
According to Article 38 of the Regulations on Work-related Injury Insurance and Article 7 of the Opinions of the Ministry of Labor and Social Security on Several Issues Concerning the Implementation of the Regulations on Work-related Injury Insurance (No. 256 2004 of the Ministry of Labor and Social Security), if the work-related injury was made five years ago, the labor relationship has been continued, and the old injury shall be subject to the opinions of the work-related injury medical institution and the review of the social insurance agency, and the work-related injury medical treatment and the suspension of work with pay shall be enjoyed.
1. Medical treatment for work-related injuries.
**The cost of the work-related injury that meets the prescribed standards and the cost of the medical device confirmed by the Labor Ability Appraisal Committee shall be paid by the work-related injury insurance**.
The work-related injury insurance** shall pay the hospital meal subsidy according to the standard stipulated by the province or city.
2. Benefits for the period of suspension of work with pay.
During the period of suspension of work** work-related injury, the original salary and benefits remain unchanged and are paid by the employer. For those who are unable to take care of themselves, their unit is responsible for nursing.
The period of suspension with pay shall be confirmed by the written certificate of the designated medical institution.
If you have been injured five years ago, the labor relationship with the original unit has been dissolved or terminated, and you have received a one-time medical subsidy for work-related injury and employment subsidy, the medical subsidy for work-related injury is the compensation for the old injury, and the cost of the old injury is borne by yourself.
Regulations on Work-related Injury Insurance
Article 38 Employees injured at work who are injured at work and whose need is confirmed to be in need of them shall enjoy the work-related injury benefits provided for in Articles 30, 32 and 33 of these Regulations. Ministry of Labour and Social Security.
Opinions on several issues concerning the implementation of the Regulations on Work-related Injury Insurance.
Ministry of Labor and Social Affairs Letter No. 2004 No. 256.
7. Whether the old injuries of the injured employees specified in Article 36 of the Regulations need to be submitted by the agreed medical institutions of the injured employees, and if there is a dispute, the labor ability appraisal committee shall confirm it.
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After 5 years of work-related injury, compensation can still be claimed, and the application time limit is also different according to different application subjects
1. Employees who are injured in an accident or are diagnosed or identified as occupational diseases in accordance with the provisions of the Law on the Prevention and Control of Occupational Diseases:
1) The unit shall submit an application for work-related injury recognition to the social insurance administration department of the coordinating region within 30 days from the date of occurrence of the accident injury or the date of diagnosis or appraisal of the occupational disease;
2) In case of special circumstances, the time limit for application may be appropriately extended with the consent of the social insurance administrative department;
2. 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 the Gonglun Association may claim compensation within one year from the date of occurrence of the accident injury or the date of diagnosis or appraisal of the occupational disease, and may claim compensation and submit an application for recognition of work-related injury to the social insurance administrative department of the co-ordinating area where the employer is located.
Legal basisArticle 7 of the Measures for the Determination of Work-related Injuries.
Where the application materials submitted by the applicant for work-related injury determination meet the requirements, are within the jurisdiction of the social insurance administrative department, and are within the time limit for acceptance, the social insurance administrative department shall accept it.
Article 8 After receiving an application for determination of work-related injury, the social insurance administrative department shall, within 15 days, review the materials submitted by the applicant, and make a decision to accept or not accept the application if the materials are complete; If the materials are incomplete, the applicant shall be informed in writing of all the materials that need to be supplemented and corrected at one time. After receiving all the supplemental and corrective materials submitted by the applicant, the social insurance administrative department shall make a decision to accept or not accept the application within 15 days.
If the social insurance administrative department decides to accept the application, it shall issue a "Decision on the Acceptance of the Application for Work-related Injury Determination"; Where a decision is made not to accept the application, a "Decision on the Inadmissibility of the Application for Determination of Work-related Injury" shall be issued.
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After obtaining the work-related injury certificate, you can enjoy the work-related injury treatment, and those who have not reached the disability level can enjoy the full report of medical expenses and the salary and treatment of the work-related injury ** period remain unchanged from before, and there is no provision to explain how many time limits must be reimbursed after the work-related injury certificate is issued, but it should not be delayed for reimbursement for too long, and it should be dealt with in a timely manner. Refer to the Regulations on Work-related Injury Insurance
Article 30 Employees who are injured in accidents or suffer from occupational diseases due to their 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 work-related injury of the employee Qiaoque's hospitalization, as well as the transportation and accommodation expenses required for the injured 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 work-related injury medical treatment for non-work-related injuries and are handled 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**.
Extended reading: [Insurance] How to buy, which one is good, teach you how to avoid the gap or open insurance"pits"
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Legal Analysis: In the event of a dispute arising from arrears of labor remuneration during the existence of the labor relationship, the application for arbitration by the employee shall not be subject to the limitation period for arbitration as stipulated in the first paragraph of this Article; However, if the labor relationship is terminated, the complaint shall be filed within one year from the date of termination of the labor relationship.
Legal basis: Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes Article 27 The limitation period for applying for arbitration of labor disputes is one year. The limitation period for arbitration shall be calculated from the date on which the parties knew or should have known that their rights had been infringed.
The statute of limitations for arbitration provided for in the preceding paragraph shall be interrupted when one of the parties claims rights against the other party, or requests rights and remedies from the relevant authorities, or the other party agrees to perform its obligations. From the time of interruption, the arbitration limitation period is recalculated. Where the parties are unable to apply for arbitration within the limitation period provided for in paragraph 1 of this Article due to force majeure or other legitimate reasons, the limitation period for arbitration shall be suspended.
The limitation period for arbitration shall continue to run from the date on which the reasons for the suspension are eliminated. If a dispute arises due to arrears of labor remuneration during the existence of the labor relationship, the employee's application for arbitration shall not be subject to the limitation period for arbitration as provided for in the first paragraph of this Article; However, if the labor relationship is terminated, it shall be filed within one year from the date of termination of the labor relationship.
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Summary. According to different application subjects, different provisions have been made on the application time limit: 1. Employees are injured in an accident or are diagnosed and identified as occupational diseases in accordance with the provisions of the Occupational Disease Prevention and Control Law
1) The unit 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; 2) In case of special circumstances, the time limit for application may be appropriately extended with the consent of the social insurance administrative department; 2. 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 occupational disease, claim compensation and submit an application for recognition of work-related injury to the social insurance administrative department of the coordinating area where the employer is located.
According to the different years of the application subject, the application time limit is also different: 1. The employee is injured in an accident or is diagnosed and identified as an occupational disease in accordance with the provisions of the Occupational Disease Prevention and Control Law: (1) The unit shall 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 the occurrence of the accident injury or the date of diagnosis and identification of the occupational disease; 2) In case of special circumstances, the time limit for application may be appropriately extended with the consent of the social insurance administrative department; 2. 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, his close relatives or the trade union organization may, within one year from the date of occurrence of the accident injury or the date of diagnosis or appraisal of the occupational disease, claim compensation and submit an application for recognition of work-related injury to the social insurance administrative department of the co-ordinating area where the employer is located.
Legal basis: Article 7 of the Measures for the Determination of Work-related Injuries provides that if the application materials submitted by the applicant for work-related injury determination meet the requirements, are within the jurisdiction of the Ministry of Social Insurance Administration and are within the time limit for acceptance, the social insurance administrative department shall accept it.
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Summary. Hello, you can still claim compensation after 5 years of work-related injury, and the application time limit is also different according to different application subjects. <>
Hello, you can still claim compensation after 5 years of work-related injury, and the application time limit is also different according to different application subjects. <>
Hello, after 5 years of work-related injury, you can still claim compensation, which is mainly reflected in the following aspects: 1. The employee is injured in an accident or is diagnosed or identified as an occupational disease in accordance with the provisions of the Occupational Disease Prevention and Control Law: (1) The unit shall submit an application for work-related injury recognition to the social insurance administrative department of Tongchen He Hand Chip within 30 days from the date of the accident injury or the date of diagnosis and appraisal of occupational disease; 2) In case of special circumstances, the time limit for application may be appropriately extended with the consent of the social insurance administrative department; 2. 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 the close relatives of the employee or the trade union organization may, within one year from the date of occurrence of the accident injury or the date of diagnosis or appraisal of the occupational disease, claim compensation and submit an application for recognition of work-related injury to the social insurance administrative department of the co-ordinating area where the employer is located.
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Legal Basis Analysis]: Units that have been identified as work-related injuries can claim compensation; If there is no determination of work-related injury, the right cannot be claimed through fines. 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, his close relatives or the 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 administrative department of Qihong Insurance in the overall area where the employer is located.
Legal basis]: "Regulations on Work-related Injury Insurance" Article 17 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 unit to which he belongs shall, within 30 days from the date 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.
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