-
Specifically, it shall be based on the determination results of the certification agency, and the following are the procedures for determining work-related injuries:
1. To apply to the Human Resources and Social Security Bureau (formerly the Labor Bureau) for work-related injury identification, the company needs to report within one month of the accident, if the company does not apply, the injured employee or his close relatives shall apply for recognition within one year. Materials to be submitted: application form for work-related injury determination (**generally ** from the Labor Bureau), proof of labor relationship with the employer, medical diagnosis certificate, etc.;
2. If there is a disability that affects the ability to work after the injury is relatively stable, the applicant shall apply for labor ability appraisal and submit an application to the labor ability appraisal committee of the city divided into districts (generally established in the human resources and social security bureau at the same level);
3. According to different disability levels, the compensation obtained is different. The main compensation is: medical expenses, one-time disability allowance, one-time employment allowance, one-time medical allowance, salary during the period of leave of absence, food allowance, nursing expenses, etc.
4. If you do not have a labor contract or other evidence to prove the existence of an employment relationship, and cannot apply for a work-related injury determination, you can first apply for labor arbitration to confirm the existence of an employment relationship between you and the employer. After the existence of an employment relationship is confirmed by labor arbitration, an application for work-related injury determination is made.
-
Whether it counts or not, you can't jump off the building.
-
Article 14 In any of the following circumstances, an employee shall be deemed to have suffered a work-related injury: (1) He or she is injured in an accident during working hours and in the workplace due to work-related reasons; (2) Being injured in an accident while engaging in work-related preparatory or finishing work in the workplace before or after working hours; (3) Suffering violence or other accidental injuries during working hours and in the workplace as a result of performing work duties; (4) Suffering from an occupational disease; (5) Missing an elderly person who is out for work, is injured due to work reasons, or has an accident and does not return to the bright future; (6) Injured in a traffic accident for which they are not primarily responsible, or by an accident involving urban rail transit, Kechang ferry, or train while commuting to or from work; (7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.
-
If the injury on the construction site is a work-related injury, the original salary and benefits shall remain unchanged and shall be paid by the unit on a monthly basis. After the disability level is assessed, the salary will be suspended, and the work-related injury and disability treatment will be enjoyed. If it is infringed by others, there is no salary, but the infringer needs to pay for lost work.
Lost time pay is determined based on the victim's lost time and income. If the work-related injury is caused by the infringement of others, the employee may claim the wages for the suspension period and the compensation for lost work at the same time.
-
In accordance with Article 14 of the Regulations on Work-related Injury Insurance, work-related injuries mainly include the following types: 1 1 Injured in an accident due to work-related reasons during working hours and in the workplace; Here, it is necessary to understand and grasp the essence of "accidents" as "accidental losses or disasters", which are gradual (such as chronic poisoning, schistosomiasis infection, etc.) and sudden (such as the collapse of the work frame pants, injuries caused by falling objects, etc.), and should not be confined to a sudden situation. 1 2 Injured in an accident while engaged in work-related preparatory or finishing work in the work site before and after working hours; 1 3 During working hours and in the workplace, the person is injured by violence or other accidents due to the performance of work duties; 1 4 Suffering from occupational diseases; 1 5 During the period of going out for work, the person is injured due to work reasons or the whereabouts of the accident are unknown; 1 6 Injured in a motor vehicle accident while commuting to or from work; 1 7 Other circumstances that shall be recognized as work-related injuries as provided by laws and administrative regulations.
1. Apply for work-related injury recognition first. The employer shall, within 30 days from the date of occurrence of the accident injury, and the injured employee within one year from the date of the accident injury, directly submit an application for work-related injury determination. The application for work-related injury determination shall fill in the Application Form for Work-related Injury Determination and submit:
1) A copy of the labor contract or other valid proof of the establishment of labor relations; (If it is a de facto employment relationship and the employer does not recognize it, it shall apply to the labor dispute arbitration commission for confirmation of the de facto employment relationship).
2) A certificate of post-injury diagnosis issued by a medical institution, etc.
2. Appraisal of working ability (appraisal of disability level). If the injured employee has expired the period of suspension of work and retention with pay or the injury is in a relatively stable state during the period, he or she may submit an application for labor ability appraisal, fill in the "Labor Ability Appraisal (Confirmation) Form for Work-injured Employees", and submit:
1) One copy of the work-related injury determination decision or the work-related injury certificate;
2) 1 copy of the ID card of the person being appraised, 2 copies of one inch**;
3) The medical records, diagnosis certificates, and physical and chemical test reports of the person to be appraised
Copies of CT, X-ray and other diagnosis and treatment materials;
4) Miscellaneous. 3. Work-related injury benefits. Disability includes:
Medical expenses, hospitalization meal subsidy, nursing expenses, one-time disability subsidy: the number of statutory months of the worker's monthly salary (the number of months varies from different disability levels), one-time medical subsidy: the number of statutory months of the average monthly wage standard of Chongqing employees (different disability levels correspond to different months), one-time disability employment subsidy or disability allowance, and wages during the period of suspension of work:
**Time (different injuries are different): the average salary of the worker in the 12 months before the injury, follow-up ** expenses, disability assistive device expenses, transportation expenses, etc.
-
It is a work-related injury. According to the Regulations on Work-related Injury Insurance, if you are injured in an accident during working hours and in the workplace due to work-related reasons, it is a work-related injury, and you must provide information and apply to the Human Resources and Social Security Bureau for work-related injury recognition. The injured employee or his/her relatives should apply within one year.
The employer shall file the complaint within 30 days from the date of injury, and if the application is made within the time limit, the employer shall bear the relevant expenses such as work-related injury benefits that comply with the provisions of the regulations during this period. Article 14 of the Regulations on Work-related Injury Insurance stipulates that if an employee has any of the following circumstances, it shall be deemed to be a work-related injury:
1) Being injured in an accident during working hours and in the workplace due to work-related reasons;
(2) Being injured in an accident while engaging in work-related preparatory or finishing work in the workplace before or after working hours;
(3) Suffering violence or other accidental injuries during working hours and in the workplace as a result of performing work duties;
(4) Suffering from an occupational disease;
5) Injured or unaccounted for in an accident while away for work;
6) Injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train for which they are not primarily responsible;
(7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries. 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 administrative department of social insurance in 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 provisions of these Regulations during this period.
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 with the employer (including a de facto branch of the employment relationship);
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. 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.
The Regulations on Work-related Injury Insurance set strict limits on the circumstances under which work-related injuries can be determined. According to Article 14, Paragraph 3 of the Regulations of the People's Republic of China on Work-related Injury Insurance, if an employee is injured by violence or other accidents during working hours and in the workplace due to the performance of work duties, and if he or she is injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train that is not his or her primary responsibility while commuting to and from work, these two circumstances shall be recognized as work-related injuries. In other words, only if you are injured in a motor vehicle accident while commuting to or from work and you are not primarily responsible for it can be recognized as a work-related injury. >>>More
There is a possibility that being hit in a factory will be recognized as a work-related injury. >>>More
According to different levels of disability, the items of compensation are different, mainly including: medical expenses, one-time disability allowance, one-time employment allowance, one-time medical allowance, salary during the period of leave of absence, food allowance, nursing expenses, etc. Who should compensate for the above-mentioned items should be handled differently according to the following circumstances: >>>More
In this case, there should be no conflict, because in many cases. I think that working in the factory, some wages are higher than working in the company, thirty-six lines of the line out of the champion, everyone has their own advantages, and as long as two people like each other, I think this profession, is not a big problem, because in many cases, I feel that the two are happy, so the difficulties can be overcome together, as long as you like enough, you can be together! I think love should not be bound by the word "career", if you like it, chase it, don't let yourself regret it in the future, there is no regret medicine in the world! >>>More
If it is not a work-related injury, the animal keeper or manager shall bear tort liability. >>>More