After a work related injury, when you are discharged from the hospital, the boss takes all the disch

Employees can use their ID cards and the hospital's medical card to make copies of medical information at the hospital. At the same time, they can apply for work-related injury determination on their own, and if there is a dispute during the period, they can apply for labor arbitration to protect their rights.

In accordance with the 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 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 region. 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 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 labor and social security administrative department of the coordinating area where the employer is located.

Matters that shall be determined by the provincial-level social insurance administrative department in accordance with the provisions of the first paragraph of this Article shall be handled by the social insurance administrative department at the districted-city level where the employer is located in accordance with the principle of territoriality.

If an employer fails to submit an application for determination of work-related injury within the time limit specified in the first paragraph of this Article, the employer shall bear the relevant expenses such as work-related injury benefits incurred during this period that comply with the provisions of these Regulations.

Labor Dispute Mediation and Arbitration Law

Article 2 This Law shall apply to the following labor disputes between employers and workers within the territory of the People's Republic of China:

1) Disputes arising from the confirmation of labor relations;

2) Disputes arising from the conclusion, performance, modification, rescission and termination of labor contracts;

3) Disputes arising from removal, dismissal, resignation, or resignation;

4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training, and labor protection;

5) Disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, etc.;

6) Other labor disputes as stipulated by laws and regulations.

There are also stubs in general hospitals.

You provide your ID card, and present a copy of the medical record, the diagnosis certificate.

In accordance with the provisions of the Regulations on Work-related Injury Insurance, apply to the Human Resources and Social Security Bureau for work-related injury recognition.

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 social insurance administrative department shall accept it.

Article 19 After accepting an application for recognition of work-related injury, the social insurance administrative department may, according to the needs of the examination, conduct an investigation and verification of the accident injury, and the employer, employees, trade union organizations, medical institutions and relevant departments shall provide assistance. The diagnosis of occupational diseases and the appraisal of diagnostic disputes shall be carried out in accordance with the relevant provisions of the Law on the Prevention and Treatment of Occupational Diseases. The social insurance administrative department will no longer conduct investigation and verification of those who have obtained a certificate of diagnosis of an occupational disease or an appraisal of an occupational disease in accordance with the law.

If the employee or his close relatives believe that it is a work-related injury, but the employer does not consider it to be a work-related injury, the employer shall bear the burden of proof.

Article 20 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.

Go to the labor inspection department to file a complaint and apply for labor arbitration.

If the employer is hospitalized due to work-related injuries, the employer shall report the determination of work-related injury within the prescribed time. After the boss is discharged from the hospital, if the employer takes the discharge procedures and does not apply for the work-related injury recognition for the employee, the employee can go to the hospital to make a copy of the medical record with the resident ID card. Then take the medical records to the labor bureau where the employer is located to file a complaint and apply for labor arbitration, and if the labor arbitration department is concerned, you can file a lawsuit in the people's court.

After the work-related injury is over and the injury is stable and discharged, if the work-related injury has been determined in the early stage, if necessary, the labor ability appraisal shall be considered, and the work-related injury benefits shall be received after the results of the labor ability appraisal are released; If there is no work-related injury recognition in the early stage, or if the work-related injury insurance is not participated, the employer shall bear the work-related injury benefits.

Social Insurance Law of the People's Republic of China

Article 38 The following expenses incurred as a result of work-related injuries shall be paid from work-related injury insurance in accordance with the provisions of the state:

1) Medical expenses and expenses for work-related injuries;

2) Hospitalization meal subsidy;

3) Transportation and accommodation 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 allowance and a monthly disability allowance for employees with disabilities of grades 1 to 4;

7) A one-time medical subsidy to be enjoyed when the labor contract is terminated or dissolved;

8) In the event of a work-related death, the funeral allowance, the pension for dependent relatives and the work-related death allowance received by the surviving family members;

9) Labor ability appraisal fee.

Article 39 The following expenses incurred as a result of work-related injuries shall be paid by the employer in accordance with the provisions of the state:

1) Wages and benefits during the work-related injury;

2) The monthly disability allowance received by the disabled employees of the fifth and sixth grades;

3) A one-time disability employment subsidy that shall be enjoyed when the labor contract is terminated or dissolved.

Article 41 Where an employee's employer fails to pay work-related injury insurance premiums in accordance with the law, and a work-related injury accident occurs, the employer shall pay the work-related injury insurance benefits. If the employer does not pay, it shall be paid in advance from the work-related injury insurance**.

The work-related injury insurance benefits paid in advance from the work-related injury insurance** shall be reimbursed by the employer. If the employer fails to repay, the social insurance agency may recover compensation in accordance with the provisions of Article 63 of this Law.

Legal analysis: After being discharged from the hospital, you should generally apply for recognition of work-related injury, apply for labor ability appraisal and handle compensation matters, etc. The specific scheme is as follows:

1. To apply for recognition of work-related injury, the unit to which the employer belongs shall, within 30 days from the date of occurrence of the accident injury, submit an application for recognition of work-related injury to the labor and social security administrative department of the coordinating area. If the employer fails to submit an application for work-related injury determination within the prescribed time limit, the injured employee or his or her immediate family members may directly apply for work-related injury determination within one year from the date of occurrence of the accident injury. When applying for work-related injury determination, the following materials shall be submitted:

The application form for determination of work-related injury shall be in triplicate, and the format can be obtained directly from the labor and social security bureau of each district**; The original and 1 copy of the certificate of initial diagnosis issued by the medical institution at the time of the employee's injury; The employment contract or other proof of the establishment of an employment relationship with the employer when the employee is injured or diagnosed with an occupational disease (e.g., pay slips, work badges, and colleague testimonies); The original and one copy of the employee's resident ID card or household registration book; Other corresponding evidence, such as if the employer has not participated in work-related injury insurance, submit the employer's business license or the inquiry certificate issued by the administrative department for industry and commerce, and you can directly go to the industrial and commercial bureau to inquire and mark the honor; If you are injured in an accident during working hours and in the workplace due to work-related reasons, or if you are injured in an accident while engaged in work-related preparatory or finishing work during working hours and in the workplace, submit relevant evidence materials for the accident, such as the testimony issued by the colleague at the scene of the accident, and attach a copy of the ID card of the colleague who provided the testimony; After receiving the application for work-related injury determination, the administrative department for labor and social security shall conduct a review within 15 days, and shall accept it if it meets the requirements. If the applicant supplements all the materials within 30 days, it shall be accepted, and a decision on whether to determine whether it is a work-related injury shall be made within 60 days from the date of acceptance of the application for determination of work-related injury, and the employer and the employee or his or her immediate family members shall be notified in writing. 2. Apply for labor ability appraisal to determine the level of disability. The employer, the injured employee or his or her immediate family members shall submit an application to the municipal labor ability appraisal committee, and provide relevant materials on the work-related injury determination decision and the employee's work-related injury medical treatment.

Labor ability appraisal refers to the grading appraisal of the degree of labor dysfunction and the degree of self-care impairment. There are 10 levels of disability for labor dysfunction, with the most severe being level 1 and the least being level 10. There are three levels of self-care disorders:

Unable to take care of oneself at all, unable to take care of oneself for most of one's life, and unable to take care of oneself partially. Once the level of disability has been determined, the workers' compensation costs can be calculated in accordance with the law.

Legal basis: Measures for the Identification of Work-related Injuries Article 1 These measures are formulated in accordance with the relevant provisions of the Regulations on Work-related Injury Insurance in order to standardize the procedures for determining work-related injuries, identify work-related injuries in accordance with the law, and safeguard the legitimate rights and interests of the parties.

Summary. Hello, the boss does not support the determination of work-related injuries, and employees with work-related injuries can apply for work-related injury recognition by themselves. Within 30 days from the date of occurrence of the accident injury, an application may be made to the local social insurance administrative department for a determination of work-related injury, and if the social insurance administrative department makes a decision on the determination of work-related injury, it shall be implemented in accordance with the decision.

Legal basis. After a work-related injury, when you are discharged from the hospital, the boss takes all the discharge procedures, that is, does not apply for the work-related injury determination, what should I do?

Hello, the boss does not support the identification of work-related injuries, and employees with work-related injuries can apply for the recognition of work-related injuries by themselves. Within 30 days from the date of occurrence of the accident, the applicant shall apply to the local social insurance administrative department for a determination of work-related injury, and if the social insurance administrative department makes a decision on the determination of work-related injury, it shall be implemented in accordance with the decision. Legal basis.

Article 20 of the Regulations on Work-related Injury Insurance 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. The social insurance administrative department shall make a decision on the determination of work-related injury within 15 days of the omission of an application for work-related injury determination where the facts are clear and the rights and obligations are clear. Where a decision to determine a work-related injury needs to be based on 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 when the judicial organ or the relevant administrative department has not yet made a conclusion on the determination of work-related injuries.

Where the staff of the social insurance administrative department has an interest in the applicant for work-related injury determination, they shall recuse themselves.

Legal analysis: No, if the work-related injury is determined, enjoy the work-related injury insurance benefits, and the employee shall seek medical treatment in the medical institution that has signed the service agreement, and in case of emergency, he can go to the nearest medical institution to stop and rescue him. 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**.

Legal basis: Article 30 of the Regulations on Work-related Injury Insurance 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 standards for hospitalization services for 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 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**.

Discharge from the hospital for work-related injuries requires discharge procedures and reimbursement of medical expenses.

If an injured employee needs follow-up after being discharged from the hospital**, he or she can enjoy reimbursement of medical expenses for work-related injury. As for the second surgery 45 days after discharge, it is necessary to be hospitalized for work-related injuries at the time of admission to the hospital, and the settlement can be made on the spot.

Because the discharge from the hospital for work-related injuries involves the issue of compensation from the company, when Daxin is discharged from the hospital with a work-related injury, the certificate issued by the hospital must be recorded.

1. Regarding lost work pay: ask the doctor to write down how long you need to take a full break, instead of paying attention to rest;

2. Regarding nursing expenses: the hospital is required to issue the number of days that need to be nursed by several people during hospitalization;

3. Regarding nutrition expenses: ask whether you need to strengthen nutritional supplements after discharge, and if so, write down the types of nutritional supplements and nutrients that need to be strengthened;

4. About the follow-up fee: whether the follow-up and the time and cost are required; Ask your doctor to write it down if needed;

5. About the cost of assistive devices: whether assistive devices are needed and the type of assistive devices, **; Ask your doctor to write it down if needed;

1. Time limit for work-related injury appraisal:

1) The time limit for disability evaluation provided by the state is 60 days after acceptance to make a disability conclusion, which may be extended by 30 days in special circumstances.

2) Work-related injury insurance is compulsory insurance of the state, which is paid by the unit, and the individual does not have to pay money, and if the unit does not participate in the work-related injury insurance, all expenses and compensation shall be borne by the unit and will not affect you.

1. The unit bears the first cost.

2. Responsible for the wages of the injured personnel, the wages during the ** period are the original wages before the injury, and the unit will pay them on a monthly basis.

3. The inpatient meal subsidy during the hospitalization period shall be paid at 70% of the standard of the business traveler of the unit.

3) After the conclusion of the disability appraisal is obtained, a one-time disability subsidy shall be obtained according to the compensation standard corresponding to the disability level, and if the labor relationship with the employer is terminated, the employer shall also pay a one-time medical subsidy for work-related injuries and a work-related injury re-employment subsidy, which shall be paid according to the standards prescribed by the locality.

Legal basis: Regulations on Work-related Injury Insurance

Article 14 In any of the following circumstances, an employee shall be deemed to have suffered a work-related injury:

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. More than 4 bureaus) suffering from occupational diseases;

5) During the period of going out for work, the whereabouts of the falling and rolling wheels are unknown due to work reasons or accidents;

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.