How to identify the recurrence of old injuries at work, and how to identify the recurrence of old di

Take the case to apply for identification.

1. Provide relevant materials for work-related injuries at that time. Work-related injury certificate, work-related injury appraisal form, registration form for approval of work-related injury retirement issued by the labor department, etc.

2. Retirees who have not been identified by the labor appraisal committee shall fill in the "Appraisal and Approval Form for the Degree of Disability and Old Injuries Caused by Work", and the employees themselves shall fill in the injury time, injury process and situation in duplicate.

3. The enterprise insurance department organizes hospital experts to determine whether the old injury is ** and whether it is ** according to the historical injury location.

1. If an employee dies on the job, his close relatives shall receive funeral subsidies, pensions for dependent relatives and one-time work-related death subsidies from work-related injury insurance** in accordance with the following provisions:

1. Funeral subsidy: 6 months of the average monthly salary of employees in the overall area in the previous year.

40 per cent per month for spouses, 30 per cent per month for other relatives, and 10 per cent per month for each elderly or orphan who is alone or orphaned. The sum of the approved pensions for dependent relatives shall not be higher than the wages of the employee who died in the course of work. The specific scope of support for relatives shall be prescribed by the social insurance administrative department.

3. One-time work-related death subsidy: the standard is 20 times the per capita disposable income of urban residents in the previous year. (In 2010, the per capita disposable income of urban residents was 19,109 yuan, and in 2009, the per capita disposable income of urban residents was 17,175 yuan).

2. In any of the following circumstances, it shall be deemed to be a work-related injury:

1. Being injured in an accident during working hours and in the workplace due to work 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. During working hours and in the workplace, due to violence and other accidental injuries due to the performance of work duties;

4. Suffering from occupational diseases;

5. During the period of going out for work, due to work reasons, the company is injured by the middle chain or the whereabouts of the accident are unknown;

6. Being injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train that is not the person's primary responsibility while commuting to or from work;

3. If an employee has any of the following circumstances, it shall be regarded as a work-related injury:

1) Died of a sudden illness during working hours and at work, or died within 48 hours after rescue efforts failed;

2) Suffering harm in emergency rescue and disaster relief and other activities to safeguard the national interests and public interests;

3) Employees who previously served in the army, were disabled due to war or duty injuries, and have obtained the certificate of revolutionary disabled soldiers, and were injured after arriving at the employer.

Legal basis

Regulations on Work-related Injury Insurance

Article 15 stipulates that if an employee who previously served in the army and was disabled due to war or duty injuries, and has obtained a revolutionary disabled veteran certificate, and is injured after arriving at the employer, it shall be regarded as a work-related injury.

For work-related injuries, the injured employee, his or her close relatives, the employee's unit or handling agency may apply for a review and appraisal of the labor ability of the employee. The validity period of the application for appraisal is one year from the date of the conclusion of the labor ability appraisal.

Legal basis

Article 26 of the Regulations on Work-related Injury Insurance.

If the unit or individual applying for appraisal is not satisfied with the appraisal conclusion made by the labor ability appraisal committee at the districted city level, it may submit an application for re-appraisal to the labor ability appraisal committee of the province, autonomous region or municipality directly under the Central Government within 15 days from the date of receipt of the appraisal conclusion. The labor ability appraisal conclusions made by the labor ability appraisal committees of provinces, autonomous regions and municipalities directly under the Central Government are the final conclusions.

Article 28.

One year after the date of the conclusion of the labor ability appraisal, if the injured employee or his close relatives, the unit to which he or she belongs, or the handling agency believes that the disability has changed, he or she may apply for a review and appraisal of the work ability to be suspended.

Article 29.

The time limit for re-appraisal and re-examination and appraisal by the Labor Ability Appraisal Committee in accordance with the provisions of Articles 26 and 28 of these Regulations shall be implemented in accordance with the provisions of the second paragraph of Article 25 of these Regulations.

1. The old injury of the work-related injury does not need to be identified, and it should be identified after the end of the work-related injury, and then the corresponding appraisal results are obtained. Judging from the empirical judgment of the appraisal agency, the head injury generally takes six months later, and the injury to other parts can generally be carried out after three months.

2. It is recommended that the parties choose an appraisal agency with appraisal qualifications that has been filed with the local people's court for appraisal. In this way, the results of the appraisal can be recognized by the judicial authorities.

3. The general appraisal agency does not accept personal entrustment, so the parties can apply for the appraisal to be entrusted by the traffic management department of the public security organ or the law firm, or they can sue to the court and jointly apply for the appraisal entrusted by the court. In judicial practice, it is not uncommon for Xinye to encounter a situation where one party does not recognize the appraisal results after unilaterally entrusting the appraisal, so it is more appropriate to apply to the court for the appraisal after suing the court.

1. How to make a disability assessment after a car accident.

The procedures for handling the assessment of personal disability in traffic accidents are generally as follows:

1. The assessee shall bring the application for disability assessment stamped with the official seal of the case-handling unit and signed by the case-handling person;

2. Bring the diagnosis certificate of the hospital at or above the county level, the examination results, and the CT, film and diagnostic report at the beginning and end of the injury;

3. Borrow and copy relevant surgical records and examination records from ** hospital;

4. When assessing the working ability of the dependents, the ID card and household registration certificate of the assessor should also be brought and the explanation of the relevant departments;

5. The assessment shall be based on the injury directly caused by the accident or the determination of the complications, and if the compensation basis is not yet concluded and the mediation needs to be provided, it shall be stated in the application;

6. The assessor needs to be inspected in person and pay the prescribed assessment fee.

Prior to October 1, 2005, the evaluation of road traffic accident disability was mainly made by the forensic medical center under the traffic management department of the public security organ, and the parties involved in the accident conducted mediation or filed a lawsuit on this basis. Article 7 of the Decision of the Standing Committee of the National People's Congress on Issues Concerning the Administration of Judicial Appraisal, which came into effect on October 1, 2005, clearly stipulates that: "An appraisal institution established by an investigative organ in accordance with the needs of the investigative work shall not accept entrustment from the public to engage in forensic appraisal business.

People's courts and judicial administrative departments must not establish evaluation bodies. ”

Disability appraisal of traffic accidents began to be marketized, and was conducted by institutions with appraisal qualifications. Due to the competition between appraisal institutions, there are cases where the same medical record is identified by different appraisal institutions. This has virtually exacerbated the contradiction between the parties involved in the traffic accident compensation.

For traffic accident victims, if they feel that the difference in the appraisal results is too great, they can apply for a new appraisal.

There are two ways to apply for a re-appraisal: one is in court proceedings, where the appraisal conclusion is used as evidence, and the court can be applied to entrust a re-appraisal; Second, if a party finds that there is a problem after receiving the appraisal conclusion before litigation, it may file an application for re-appraisal.

Old injuries due to work reasons are considered work-related injuries, and the company needs to pay work-related injury benefits in accordance with the law. Work-related injury is a situation in which the law stipulates that the employee can enjoy work-related injury benefits in accordance with the law, so the employee can pay the wages during the period of suspension of work and salary by the employer during the period.

Legal basis

Article 38 of the Regulations on Work-related Injury Insurance.

Employees who are injured at work and whose needs are confirmed to be in need of work-related injuries shall enjoy the work-related injury benefits provided for in Articles 30 and 32 and Article 3 and 13 of these Regulations.

Article 33.

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 injuries, the original salary and benefits shall remain unchanged during the period of suspension with pay, 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 extended for an appropriate period of 12 months upon confirmation by the Labor Ability Appraisal Committee at the districted city level, but the extension shall 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 injured employee still needs to be ** after the expiration of the period of suspension of work with pay, he or she shall continue to enjoy the medical treatment of 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.