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1.According to Article 25 of the Regulations on Work-related Injury Insurance, the Labor Ability Appraisal Committee shall make a labor ability appraisal conclusion within 60 days from the date of receipt of the labor ability appraisal application, and if necessary, the time limit for making a labor ability appraisal conclusion may be extended by 30 days. The conclusion of the labor ability appraisal shall be promptly sent to the units and individuals applying for the appraisal.
2.Generally speaking, the applicant will go to the Labor Ability Appraisal Committee to collect the appraisal, and if the applicant is to collect it, the Labor Ability Appraisal Committee will send it to the unit and the individual by mail.
3.Because there are some differences in the specific operation of each region, it is recommended to call 12333 directly to consult the local social security bureau!
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According to the regulations, it was delivered to you by the local labor bureau (human resources and social security bureau), and it is difficult to say whether it will be delivered to you now, because these civil servants are overworked. The notice is definitely there, and you must sign and write a return receipt when you receive it.
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It's best to go to the appraisal office of the Human Resources and Social Security Bureau to ask, and I should inform you when I apply for appraisal. Some are delivered to you by mail, and some are delivered to the company, and the company will deliver it to you. If the appraisal department does not deliver, you can sue it for inaction!
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1. The work-related injury appraisal (work-related injury determination decision) is an administrative act of the labor administrative department to determine whether the employee's injury is a work-related injury.
2. The work-related injury appraisal (work-related injury determination decision) will generally indicate the information of the employer, the information of the injured worker, the process of injury, the first process, etc., and then make a decision on whether to identify it as a work-related injury.
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You ask the company that the appraisal conclusion is directly notified to the unit, not the individual.
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No.
Labor ability appraisal is a disability level appraisal applied for by workers in order to enjoy work-related injury insurance benefits. The work-related injury and disability certificate is an appraisal of the permanent loss of working ability of employees who are injured at work and suffer from occupational diseases. The notice of the conclusion of the labor ability appraisal is only a part of the disability appraisal.
Therefore, the notice of the conclusion of the labor ability appraisal is not a work-related injury and disability certificate.
Work-related injury appraisal is an appraisal of the work-related injury level of the employee by the social security administrative department and other authorities after the occurrence of the work-related injury; The appraisal of working ability is the appraisal of the employee's disability and obstacle to the ability to work after it is recognized as a work-related injury, and the appraisal authority is the working ability appraisal committee.
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Identification of work-related injuries and occupational diseases The identification of work-related injuries and occupational diseases is as follows: 1. National standards In 2021, the state issued the "Standards for the Appraisal of the Degree of Disability Caused by Work-related Injuries and Occupational Diseases of Employees" (GBT 16180-2021), which is a new national standard for the identification of work-related injuries, and the standards are divided into 10 levels. Appraisal Standard for the Degree of Disability Caused by Work-related Injuries and Occupational Diseases of Employees (GB T 16180-2021) 2. The latest standard In order to adapt the labor ability appraisal to the requirements of China's current social and economic development, and to ensure that workers who are injured by accidents or suffer from occupational diseases due to work receive medical treatment and economic compensation, and to make a more objective and scientific technical appraisal of the degree of disability of workers injured by work-related injuries or occupational diseases, on the basis of summarizing and analyzing more than 10 years of practical experience in work-related injury disability assessment, GB T 16180 — In 1996, it was revised and improved, and matched with China's labor ability appraisal laws and regulations, the original standard was renamed, and the following technical principles were adjusted:
4 1.3. Grading of medical dependence; - Abolition of the provisions on the certificate of work-related injury and occupational disease in the General Provisions; - the provisions on re-appraisal in the General Provisions have been abolished; - the disability category increases the damage to the duodenum and eliminates the single column of auricular defects; - Mental impairment was changed to intelligent impairment, and the memory quotient (MQ) determination index was added; - the elimination of the expression of the handy and the non-hand; - increased the criteria for determining hypoxemia; - increased the diagnosis of active tuberculosis; — added the definition of large blood vessels; - added the definition of scar diagnosis; - Diagnostic criteria and grading of anemia have been added; — Revised 6
4.1. Determination and grading of liver damage; — Revised 6 5.
4. Toxic nephropathy and 6 5.5. Indicators of renal insufficiency; - the abolition of the reference to assistive devices, such as prostheses; - Revised the benchmark indicators for the determination of personality change; —the minimum limit for generalized scarring was revised from 30% to 5%, but 1%; A. Supplement to Appendix A
1. The content of the intelligent damage statement has been adjusted; - A. of the supplementary judgment criteria has been removed3. The expression of personality disorders and personality changes, and the expression "identification of mental disorders related to work-related injuries and occupational diseases" has been added; - Disability entries have been adjusted from 470 to 572; - In accordance with the spirit of the National Regulations on Work-related Injuries and relevant documents, the "After the expiration of the medical treatment period stipulated in the National Social Insurance Law? " is changed to "at the expiration of the period of suspension with pay as stipulated in the national work-related injury insurance regulations?
Achieve convergence with relevant laws and regulations for easy judgment and implementation.
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There is a time limit for the application for recognition of occupational disease and work-related injury, which is 30 days if the employer applies for the application, and 1 year later if the application is made by the injured employee or his close relatives or trade union organization. So, is there a time limit for applying for recognition of occupational disease and work-related injury? Let's find out together with the legal open.
1. Is there a time limit for the application for recognition of occupational disease and work-related injury There is a time limit for the application for recognition of occupational disease and work-related injury, and 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 Treatment of Occupational Diseases, the unit to which the employee belongs shall submit an application for recognition of work-related injury to the local social insurance administrative department within 30 days from the date on which the employee is identified as an occupational disease. 2. What is the process for the identification of occupational disease and work-related injuries The process of applying for recognition of occupational disease and work-related injuries: 1
First, apply to the social security administrative department for work-related injury recognition and submit relevant materials; 2.The social security administrative department shall review the materials submitted by the parties; 3.If the review is completed, it will be accepted if it meets the acceptance requirements; 4.
Make a determination decision in accordance with law, and send the results to the applicant. 3. How to determine the medical treatment of occupational diseases and work-related injuries The conditions for determining the medical treatment of occupational diseases and work-related injuries are: 1
During the period of suspension and recuperation, the employer shall pay according to the normal salary; 2.Eligible medical expenses, transportation, and lodging expenses are covered by the Baggage Injury Insurance**; 3.If the disability is caused, the disability allowance and other expenses can also be obtained.
The above is the relevant content about whether there is a time limit for the application for the recognition of occupational diseases and work-related injuries that are detailed to you. Hope it helps. If you have any legal questions, it is recommended to consult a professional lawyer.
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 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 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 co-ordinating area where the employer is located.
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When applying for work-related injury identification, the injury process needs to be filled in according to the facts, and generally when applying for work-related injury identification, the work-related injury identification application form should be filled in, which includes the time, place, reason and other relevant content of the accident, so the employee can fill in the relevant information truthfully according to the prompts on the work-related injury identification application form.
1. How to write the process of applying for work-related injury recognition?
1. Who is the injured person, ID number, and time of injury, generally write the year, month, and day.
2. The place of injury, i.e., where the injury was made.
3. The cause of the injury, that is, what was the cause of the injury.
4. Injured parts. (Refer to the hospital diagnosis certificate).
5 in which hospital **.
2. What materials do I need to prepare to apply for work-related injury determination?
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.
3. What are the basic contents of the work-related injury certificate?
1) The full name of the employer;
2) The name, gender, age, occupation, and ID number of the employee;
3) The location of the injury, the time of the accident and the time of diagnosis, or the name of the occupational disease, the history and verification of the injury, the basic situation of medical treatment and the conclusion of the diagnosis;
4) The basis for determining a work-related injury or treating it as a work-related injury;
5) The department and time limit for applying for administrative reconsideration or initiating an administrative lawsuit against a determination decision;
6) The time at which a decision was made to identify a work-related injury or treat it as a work-related injury.
The "Decision on Non-Recognition of Work-related Injury" shall indicate the following matters:
1) The full name of the employer;
2) The name, gender, age, occupation, and ID number of the employee;
3) The basis for not recognizing a work-related injury or not treating it as a work-related injury;
4) The department and time limit for applying for administrative reconsideration or initiating an administrative lawsuit against a determination decision;
5) The time at which a decision was made not to recognize a work-related injury or not to treat it as a work-related injury.
4. What are the work-related injury compensation programs?
1. Compensation for general injury caused (disability not reached).
Medical expenses, food allowance for the injured during hospitalization, living care expenses, wages during the work-related injury, transportation and accommodation expenses.
2. Compensation for disability.
Medical expenses, food allowance during hospitalization, living care expenses, wages during work-related injuries, transportation and lodging expenses, assistive device expenses, one-time disability allowance, disability allowance, one-time medical subsidy for work-related injuries, and one-time employment allowance for returning to land for disability.
3. Compensation for death.
Funeral grants, one-time ** grants, pensions for dependent relatives.
To sum up, when applying for work-related injury determination, the employee is not required to handwrite the entire injury process, and the injury process is filled in the work-related injury determination application form, and the work-related injury determination application form is obtained from the social insurance administrative department. In addition to filling in the application form for work-related injury determination, the application for work-related injury recognition must also submit the labor contract, or other evidence that can prove the labor relationship, as well as the diagnosis certificate from the hospital.
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The application form should contain the following information:1Applicant's name, employer, ID number; 2.Reasons and matters for application; 3.Application materials for the appraisal of work-related injury and disability grades.
1. Notice of work-related injury determination issued by the administrative department of human resources. (One original copy is non-returnable);
2. Appraisal form of employee's work-related disability level (in triplicate), ** column needs to be pasted with his recent barehead**, and a separate ** is attached;
3. The original materials of the injury and illness (the copy needs to be confirmed by the official seal of the hospital), including: admission emergency medical records, inpatient medical records, written examination reports, discharge summary, discharge certificate, medical records, and disease diagnosis certificate (issued within two months before the declaration);
4. Three copies of the person's ID card;
5. Pay a fee of 300 yuan for each appraisal.
Legal basis: Article 18 of the Regulations on Work-related Injury Insurance Materials to be provided for work-related injury determination: application form for work-related injury determination; Proof of the existence of an employment relationship with the employer; Medical diagnosis certificate or occupational disease diagnosis certificate (or appraisal certificate).
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