The process of occupational disease identification, the process of occupational disease identificati

It is stipulated that patients with occupational diseases shall enjoy work-related injury insurance benefits or occupational disease benefits in accordance with the relevant provisions of the state during the rest period and when it is determined that they are disabled or invalid and die. The Law of the People's Republic of China on the Prevention and Treatment of Occupational Diseases stipulates that the diagnosis of occupational diseases shall be undertaken by medical and health institutions approved by the provincial health administrative departments.

According to the Law of the People's Republic of China on the Prevention and Treatment of Occupational Diseases

Article 50 When an employer or medical and health institution discovers a patient with an occupational disease or a suspected patient with an occupational disease, it shall promptly report to the local health administrative department. If an occupational disease is diagnosed, the employer shall also report to the local labor and social security administrative department. The department receiving the report shall handle it in accordance with law.

Article 51 The local people's health administrative departments at or above the county level shall be responsible for the management of statistical reports on occupational diseases within their respective administrative areas, and shall report them in accordance with regulations.

According to the relevant provisions of the Law on the Prevention and Treatment of Occupational Diseases, the procedures for the identification of occupational diseases are as follows:

Application. The party concerned shall submit an application for appraisal to the ** health administrative department where the medical and health institution made the diagnosis is located. The materials to be provided for the appraisal application include: the appraisal application, the medical record of occupational disease diagnosis, the diagnosis certificate, and other materials required by the appraisal committee.

Audit. After receiving the appraisal application from the parties, the occupational disease diagnosis and appraisal office shall review the materials related to the appraisal provided by the parties to see whether the relevant materials are complete and valid. The office for the diagnosis and appraisal of occupational diseases shall complete the review of the materials within 10 days from the date of receipt of the application materials, and issue a notice of acceptance to those with complete materials; Where the materials are incomplete, notify the parties to supplement them.

If necessary, a third party will conduct a physical examination of the patient or extract relevant on-site evidence. The parties shall cooperate in accordance with the requirements of the appraisal committee.

Tissue identification. The experts participating in the diagnosis and appraisal of occupational diseases shall be determined by the party applying for appraisal from the expert pool under the auspices of the occupational disease diagnosis and appraisal office, and the parties may also entrust the occupational disease diagnosis and appraisal office to select experts to form an occupational disease appraisal committee, and the appraisal committee shall make an appraisal conclusion through reviewing the appraisal materials and making a comprehensive analysis. When there are discrepancies in evaluation opinions, they shall be noted.

Testimonials. The content of the appraisal document shall include: the occupational contact history of the person being evaluated; general information such as workplace monitoring data and relevant inspection data; The main disputes between the parties over the diagnosis of occupational diseases, as well as the appraisal conclusion and appraisal time.

The appraisal must be signed by all members participating in the appraisal and affixed with the official seal of the appraisal committee.

Objection Handling. If the party concerned has objections to the diagnosis of an occupational disease, within 30 days from the date of receipt of the certificate of diagnosis of the occupational disease, he may apply to the health administrative department of the city divided into districts where the medical and health institution making the diagnosis is located.

The Occupational Disease Diagnosis and Appraisal Committee organized by the health administrative department of the city divided into districts shall be responsible for the first appraisal of occupational disease diagnosis disputes.

If the party concerned is not satisfied with the appraisal conclusion of the occupational disease diagnosis and appraisal committee at the districted city level, he or she may apply to the provincial health administrative department for the location of the original appraisal institution for re-appraisal within 15 days from the date of receipt of the occupational disease diagnosis and appraisal certificate.

Precautions. The appraisal of the Provincial Occupational Disease Diagnosis and Appraisal Committee is the final appraisal. [2]

The parties submit an application for appraisal and submit the "Application for Occupational Disease Appraisal" After receiving the "Application for Occupational Disease Appraisal", the appraisal office issues the "Notice of Submission of Occupational Disease Appraisal Materials" The parties truthfully submit the materials or written statements required for the appraisal within 10 working days Negotiate the payment of appraisal fees If the acceptance conditions are met, the "Notice of Acceptance of Occupational Disease Appraisal" will be issued The appraisal experts will be selected and the appraisal meeting will be held and the "Occupational Disease Diagnosis and Appraisal Report" will be issued The party will receive the "Occupational Disease Diagnosis and Appraisal". For more information about occupational diseases, please visit the China Occupational Disease Network.

Legal analysis: The parties submit an application for appraisal to the occupational disease appraisal agency and submit the Application for Occupational Disease Appraisal, and the appraisal office issues the Notice of Submission of Occupational Disease Appraisal Materials after receiving the Application for Occupational Disease Appraisal. The parties shall truthfully submit the materials or written statements required for the appraisal of occupational diseases within the specified time, and if they meet the acceptance conditions, they shall be issued with a Notice of Acceptance of Occupational Disease Appraisal, and then the appraisal experts shall be selected to carry out the appraisal meeting and issue the Occupational Disease Diagnosis and Appraisal

Legal basis: Administrative Measures for the Diagnosis and Appraisal of Occupational Diseases

Article 21 The following information is required for the diagnosis of occupational diseases:

1) The worker's occupational history and exposure to occupational disease hazards (including working hours, types of work, positions, names of occupational disease hazards exposed, etc.);

2) The results of the worker's occupational health examination;

3) The results of the detection of occupational disease hazards in the workplace;

4) The diagnosis of occupational radiation diseases also requires personal dose monitoring files and other materials;

5) Other information related to the diagnosis.

Article 24 When diagnosing an occupational disease, an institution for diagnosing an occupational disease shall notify the employer to which the worker belongs in writing to provide the diagnostic materials of the occupational disease specified in Article 21 of these Measures, and the employer shall truthfully provide the information within 10 days after receiving the notice.

Legal analysis: If an employee is injured in an accident or is diagnosed or identified 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 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 occupational disease. In case of special circumstances, with the consent of the social insurance administrative department for reporting the loss of the elderly, the time limit for application may be appropriately extended.

Legal basis: "Regulations of the People's Republic of China on Work-related Injury Insurance" Article 14 If an employee has any of the following circumstances, it shall be recognized as a work-related injury:

1) Injured in an accident during working hours and in the workplace due to work-related reasons (2) Injured in an accident while engaged in work-related preparatory or finishing work in the workplace before and after working hours (3) Injured by an accident such as violence during working hours and in the workplace due to the performance of work duties (4) Suffering from an occupational disease (5) Being injured or missing in an accident during a work-related absence (6) On the way to and from work, Injured in traffic accidents or urban rail transit, passenger ferries, or train accidents for which the person is not primarily responsible (7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.

Legal analysis: The identification of occupational diseases is a similar procedure to the identification of work-related injuries, and the procedures for the determination of work-related injuries can be referred to. Employers, employees, or their immediate family members, and trade unions can apply.

The worker's employer 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 regulations, 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 the 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.

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 labor and social security administrative departments shall no longer conduct investigation and verification of those who have obtained occupational disease diagnosis certificates or occupational disease diagnosis and appraisal certificates in accordance with the law.

Legal basis: Regulations of the People's Republic of China 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 Control 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.

Procedures for identifying occupational diseases: The worker shall go to the occupational disease diagnosis institution where the employer is located to make an occupational disease diagnosis, and the worker shall submit the materials required for the diagnosis of the occupational disease; Those who are not satisfied with the diagnosis report may apply to the health administrative department at the higher level of the district, that is, the Health Bureau, for an occupational disease appraisal.

[Legal basis].

Article 43 of the Law of the People's Republic of China on the Prevention and Treatment of Occupational Diseases shall be undertaken by the medical and health institutions that have obtained the "First Practice License for Medical Institutions". The administrative department of health shall strengthen the standardized management of the diagnosis of occupational diseases, and the specific management measures shall be formulated by the administrative department of health. Medical and health institutions undertaking the diagnosis of occupational diseases shall also meet the following conditions:

1) Have medical and health technicians who are suitable for carrying out the diagnosis of occupational diseases; (2) Have instruments and equipment suitable for the diagnosis of occupational diseases; (3) Have a sound quality management system for the diagnosis of occupational diseases. Medical and health institutions undertaking the diagnosis of occupational diseases shall not refuse the request of workers to have their occupational diseases diagnosed.

1. Declaration: The enterprise shall report to the competent department in a timely manner from the date of the occurrence of the work-related accident or the date of diagnosis of the occupational disease, and submit the work-related injury report to the Labor and Social Security Bureau of Shenghui within 15 days. 2. Investigation:

After receiving the work-related injury report of Bilun Enterprise or the application for work-related injury insurance benefits of employees, the Social Insurance Department of the Municipal Labor and Social Security Bureau organizes the Municipal Social Labor Insurance Management Office to investigate and collect evidence.