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Anonymous users2024-02-06The details are as follows:
1. Power of attorney for applying for work-related injury determination.
How can an individual employee apply for a work-related injury determination?
If the employer fails to issue an accident report and apply for work-related injury recognition after an injury (death) accident occurs, the injured employee or his relatives may apply to the labor and social security bureau of the place where the local insurance or the business license of the enterprise is registered may apply. At the same time, individuals applying for work-related injury recognition must bring the following materials:
1. A valid written labor contract or de facto labor relationship certificate between the employee and the employer;
2. Application for Identification of Work-related Injuries of Employees;
3. Employee's ID card and work permit (or work card);
4. Materials on the injury (death) of the employee or the employer (truthfully describing the accident);
5. Relevant circumstantial evidence materials (such as on-site records of written evidence materials of eyewitnesses, **, confession records, etc.);
6. Road traffic accident liability certificate, permanent residence address certification materials, etc. (if it is a traffic accident);
7. Other materials required for the determination of work-related injuries;
8. Certificate of entrustment and kinship of the injured employee (if the application for work-related injury recognition is made by a relative).
Power of attorney for work-related injury determination1
Directorate of Labor and Social Security:
The employees of our unit are hereby entrusted (ID number: contact**: place of delivery: go to your bureau to deal with relevant matters.
Entrusted matters: Application for work-related injury recognition;
Sign and receive relevant documents for the determination of work-related injuries;
Other Mandates:
Signature of the principal: Company.
Signature of the delegate:
YYYYYYYYYYYYYYYYY
Power of attorney for work-related injury determination 2
Human Resources and Social Security Administration:
The ID number of the employee of my unit: I was injured in an accident at work on the date of YYYY, X,
Signature of the legal person of the unit:
Signature of the delegate:
YYYYYYYYYYYYYYYYY
Power of Attorney for Work-related Injury Determination 3
Delegator:
The above-listed entrusted person is hereby entrusted to act as our client in the case of a dispute between me (the unit) and the cause (work-related injury identification and labor ability appraisal).
The authority of **person is: (to apply for work-related injury recognition on behalf of the person; Applying for labor ability appraisal on behalf of the applicant; Recognition, waiver, change, addition of work-related injury applications, labor ability appraisal requests, reconciliation, mediation, collection of legal documents, etc.
The authority of **person is: (to apply for work-related injury recognition on behalf of the person; Applying for labor ability appraisal on behalf of the applicant; Recognition, waiver, change, addition of work-related injury applications, labor ability appraisal requests, reconciliation, mediation, collection of legal documents, etc.
Client: Signature).
Signature of the delegate:
YYYYYYYYYYYYYYYYY
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Anonymous users2024-02-05Legal analysis: China's law does not prohibit the determination of work-related injuries from entrusting a lawyer. Since the process of work-related injury determination is relatively simple and usually handled by the employer, there are few examples of entrusting a lawyer to apply for work-related injury recognition in practice.
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.
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Anonymous users2024-02-04Legal analysis You Qiaopai: The determination of work-related injuries does not need to be handled by a lawyer, but it can be entrusted. The employer shall apply within 30 days from the date of occurrence of the accident injury or the date of diagnosis or appraisal of the occupational disease; If the employer fails to apply, the injured employee or his close relatives or trade union organization shall apply within one year from the date of the accident injury or the date of diagnosis or appraisal of the occupational disease.
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.
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 an occupational disease, directly submit an application for recognition of work-related injury to the social insurance 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 the 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 that meet the requirements of these Regulations during this period.
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Anonymous users2024-02-03Legal analysis: In general, the process of determining work-related injuries is relatively simple and does not need to be handled by a lawyer. However, the law does not prohibit the determination of work-related injuries from being handled by a lawyer, so a lawyer can be appointed. However, the disability appraisal still needs to be identified in the past.
Legal basis: Article 18 of the Regulations on Work-related Injury Insurance The following materials shall be submitted to apply for work-related injury identification: (1) Application form for work-related injury identification; (2) Proof of the existence of an employment relationship with the employer; (3) Medical diagnosis certificate or occupational and/or section disease diagnosis certificate.
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Anonymous users2024-02-02A lawyer can be appointed for the determination of work-related injury, because according to the regulations of the Regulations on Work-related Injury Insurance, an employee needs to submit relevant materials for work-related injury determination, and the party can entrust a lawyer to collect it, but in this case, it can generally be collected by himself.
[Legal basis].
Article 18 of the Regulations on Work-related Injury Insurance shall submit the following materials to apply for work-related injury identification: (1) the application form for work-related injury identification; (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 caused by the employee's injury.
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.
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Anonymous users2024-02-01Legal analysis: China's law does not prohibit the determination of work-related injuries from being able to retain a lawyer. Since the process of work-related injury determination is relatively simple and usually handled by the employer, there are few examples of entrusting a lawyer to apply for work-related injury recognition in practice.
However, if the employee is unable to protect his or her legitimate rights and interests when applying for a work-related injury determination, he or she can obtain more rights and interests by entrusting a lawyer to handle it. Legal basis: Article 36 of the Social Insurance Law of the People's Republic of China If 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: Where an employee is at work due to any of the following circumstances, it is not to be found to be a work-related injury: (1) Intentional crime; (2) Drunkenness or drug use; 3) self-harm or suicide; 4) Other circumstances provided for by laws and administrative regulations.
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