What is included in the work related accident handling file

1. Employees of departments, institutions and state-owned enterprises will be recorded in their personal files if they are injured during work; In private enterprises, because they do not have the authority to keep personnel files, even if they are recorded, they are only recorded in the internal employee files of the enterprise;

2. The work-related injury record will not affect the future job search, once the work-related injury occurs, it is necessary to apply for work-related injury identification in time, and apply for labor ability appraisal when necessary, and the work-related injury insurance will be basically buried and the employer will pay compensation according to the project;

3. Legal basis: Article 17 of the Regulations on Work-related Injury Insurance stipulates that 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 he 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 injury or the date of diagnosis or appraisal of the occupational disease. 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.

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 38 of the Social Insurance Law stipulates that the following expenses incurred due to work-related injuries shall be paid from the work-related injury insurance** in accordance with national regulations:

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 that shall be enjoyed when the contract is terminated or rescinded;

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.

Work-related accident handling process:1. Report and application: From the date of the occurrence of the work-related accident or the date of the diagnosis of the occupational disease, the enterprise shall report within 15 days, and the injured employee or his relatives shall apply within 15 to 30 days.

Within this time, the report and application should be as soon as possible, which is conducive to timely investigation and evidence collection, and is conducive to the timely enjoyment of relevant benefits by injured employees.

2. Investigation and collection of evidence and determination of work-related injury: After receiving the work-related injury report and application, the labor administrative department shall pay close attention to the investigation and return it, which shall generally be within 7 days, and under special circumstances, it shall be extended to 30 days, and make a conclusion on whether to determine the work-related injury, and notify the work-related injury in writing. Investigation and evidence collection materials should include:

Employees apply and verify relevant issues; Diagnosis of work-related injuries and occupational diseases and related information from hospitals or medical institutions; Injury reports and on-site investigations of the enterprise.

3. Handling of work-related injury disputes: Different procedures should be applied to the two types of disputes. First, if the enterprise does not agree to the request of the injured employee, the employee or his relatives shall apply to the local labor dispute arbitration commission for arbitration.

If the parties are not satisfied with the arbitration conclusion, they shall appeal to the court. Second, if the enterprise or employee is dissatisfied with the decision of the local labor administrative department and the social insurance agency to determine the work-related injury or confirm the payment of benefits, it shall apply to the labor administrative department at the next higher level for administrative reconsideration; Those who are not satisfied with the conclusion of the administrative reconsideration shall file an administrative lawsuit with the court.