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1. To apply for work-related injury recognition, the employer needs to apply within one month of the accident; If the employer does not apply, the injured employee or his or her immediate family members may apply for recognition within one year. Keep an eye on the time and don't miss the deadline.
2. If there is a disability that affects the ability to work after the injury is relatively stable, the applicant shall apply for the appraisal of the working ability and submit an application to the labor ability appraisal committee of the city divided into districts.
3. If there is no labor contract or other evidence to prove the existence of an employment relationship, and it is impossible to apply for a determination of work-related injury, it may first apply for labor arbitration to confirm the existence of an employment relationship with the employer. After the existence of an employment relationship is confirmed by labor arbitration, an application for work-related injury determination is made.
Article 17 of 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 labor and social security 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 labor and social security 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 labor and social security administrative department in accordance with the provisions of the first paragraph of this Article shall be handled by the labor and social security 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.
Article 18 The following materials shall be submitted to submit an application for recognition 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).
Article 21 If an employee suffers a work-related injury and has a disability that affects his or her ability to work after the injury is relatively stable, he or she shall conduct an appraisal of his or her ability to work.
Article 23 The employer, the injured worker or his or her immediate family members shall submit an application to the labor ability appraisal committee at the districted city level, and provide relevant materials on the determination of the work-related injury and the medical treatment of the work-related injury.
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Can the sequelae of a sudden illness at work be recognized as a work-related injury?
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Go to the Work Injury Section of the Labor Bureau to apply for a work-related injury determination.
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Hello I am happy to answer for you, it is considered a work-related injury, as long as it meets the conditions for accident injury caused by work during working hours and in the workplace, it can be recognized as a work-related injury. However, because you only discovered your illness after a period of time in between, it may be that you did not report the injury to your superiors at the time, resulting in a denial of the accident by Shan Jian, which affects the determination of the work-related injury.
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According to the "Macro Regulations of the People's Republic of China on Work-related Injury Insurance", injuries or illnesses caused by work-related reasons during working hours and in the workplace can be recognized as work-related injuries. If you were injured during working hours and at the workplace, and the fracture was caused by work, it should be considered a work-related injury. When reporting a work-related injury, the employer should report the work-related injury to the employer as soon as possible, seek medical attention in a timely manner, and report the work-related injury to the social insurance agency immediately after the diagnosis is confirmed.
Therefore, even if the fracture is discovered late, it should be reported to the employer and social insurance agency as soon as possible and relevant supporting materials should be provided.
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Summary. Hello dear <>
We're happy to answer your <>
If you are injured at work and have a fracture, then this can be considered a work-related injury. However, whether or not it is determined to be a work-related injury needs to be assessed and determined on a case-by-case basis. First of all, you need to report the work-related injury to your employer in a timely manner, and the employer will arrange for you to go to the hospital for diagnosis and**.
As a general rule, if you notice an injury while working, you should seek medical attention immediately to confirm the presence of a serious injury, such as a broken bone. Secondly, if you are diagnosed with a fracture in the hospital, the hospital will issue you with relevant medical records and supporting documents, which can be used for subsequent work-related injury determination.
Is it considered a work-related injury if the fracture is discovered for a week?
Hello dear <>
We're happy to answer your <>
If you are injured at work and have a fracture, then this can be considered a work-related injury. However, whether or not it is determined to be a work-related injury needs to be assessed and determined on a case-by-case basis. First of all, you need to report the work-related injury to your employer in time, and the employer will arrange for you to go to the hospital for diagnosis and**.
As a general rule, if you notice an injury while working, you should seek medical attention immediately to confirm the presence of a serious injury, such as a broken bone. Secondly, if you are diagnosed with a fracture in the hospital, the hospital will issue you with relevant medical records and supporting documents, which can be used for the determination of work-related injuries in the later stages.
Then, according to the relevant laws and regulations of the country, it is necessary to determine the work-related injury. Generally speaking, you need to apply for a work-related injury determination through the labor department or insurance company, provide relevant supporting materials, and the relevant departments will investigate and confirm. If it is recognized as a work-related injury, you can enjoy the corresponding work-related injury insurance compensation and benefits.
It should be noted that the determination of work-related injuries is a complex and time-consuming process, which requires you to provide sufficient supporting materials, apply for and be investigated. Therefore, special attention should be paid to safety at work, and timely reporting and handling of industrial accidents involving slag should be carried out to avoid unnecessary losses and disputes.
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Summary. Hello! We're glad to answer your questions! ~<
Hello, half a month after being injured at work, it was found that it was a fracture and it was considered a work-related injury, but it was only due to a work-related injury and was injured during work, which is a work-related injury, and you can also apply for work-related injury compensation after half a month.
Is it considered a work-related injury if it is a fracture after half a month of work?
Hello! We're glad to answer your questions! ~<
Hello, half a month after being injured at work, it was found that it was a fracture and it was considered a work-related injury, but it was only due to a work-related injury and was injured during work, which is a work-related injury, and you can also apply for work-related injury compensation after half a month.
The main thing is that I don't feel it now, I feel pain, only I know it, and anyone who touches the hanger hasn't said it.
Work-related injury is the abbreviation of work-related injury, also known as occupational injury, refers to the sudden accidental injury of body tissues caused by the direct action of external factors in the process of production and labor, such as the definition of "work-related injury" in the convention adopted by the International Labour Conference due to occupational accidents. The 48th session of the International Labour Conference in 1964 also stipulated that compensation for workers' injuries should include occupational bing and traffic accidents commuting to and from work.
Therefore, the current international definition of "work-related injury" includes two aspects, namely, an accident injury caused by work and occurring in the course of work, and an occupational injury. Occupational bing refers to the diseases caused by exposure to dust, radioactive substances and other harmful substances in the occupational activities of workers in enterprises, institutions and individual economic organizations.
Now check for a bone crack.
Hello. As long as it is injured during work, it is a work-related injury.
But only I know, it's okay to talk to the leader now.
They don't admit it.
1. According to the relevant provisions of China's regulations on work-related injury insurance, if an employee has a work-related accident, the employee may urge the employer to submit an application for work-related injury recognition to the social security department within 30 days from the occurrence of the accident; If the company does not submit an application for work-related injury recognition, the injured employee or his close relatives or trade union organization may directly apply to the social security department where the company is located for work-related injury recognition within one year from the occurrence of the accident. In reality, even if the employer does not admit that it is a work-related injury and is unwilling to apply to the Social Security Bureau for work-related injury recognition, the injured employee or his or her family can apply for work-related injury recognition in accordance with the regulations, but it is better not to apply for work-related injury recognition beyond the prescribed time limit.
Hello. 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 the trade union organization may 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 within one year from the date of occurrence of the accident injury or the date of diagnosis or appraisal of occupational injury.
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If the worker falls and fractures while at work, if it is caused by work-related reasons in the workplace; or where there are circumstances such as being injured by violence or other accidents due to the performance of work duties, it may be found to be a work-related injury. If it is not related to work-related reasons, it can generally not be recognized as a work-related injury.
Article 7 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases is to be determined on the basis of the victim's lost time and income. The lost time is determined on the basis of a certificate issued by the medical institution to which the victim received. Where the victim continues to miss work due to disability due to injury, the time of missing work may be calculated to the day before the date of disability.
If the victim has a fixed income base, the compensation for lost work shall be calculated on the basis of the actual reduction in income. If the victim has no regular income, it is calculated on the basis of his average income in the last three years; Where the victim cannot provide evidence to prove his or her average income in the last three years, it may be calculated by referring to the average wages of employees in the same or similar industry in the previous year at the location of the court where the lawsuit is filed.
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