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Anonymous users2024-02-07Apply for work-related injury recognition first, and then apply for labor ability appraisal.
The determination of work-related injury is an administrative confirmation by the social insurance administrative department in accordance with the authorization of the law whether an employee's injury (or occupational disease) due to an accident is a work-related injury or is regarded as a work-related injury, and is a prerequisite for an employee to enjoy work-related injury insurance benefits after suffering an accident injury and to obtain relief through legal means in the event of a dispute.
Labor ability appraisal is the basis and prerequisite for the labor appraisal agency to comprehensively assess the degree of disability and loss of working ability of the injured employee according to the national appraisal standards and the methods and means of relevant policies and medical science and technology after the worker is injured due to work.
If a worker is injured in a work-related accident, he or she shall first apply to the human resources and social security bureau of the work-related injury insurance co-ordination area of the employer, and the employer shall apply within 30 days of the accident, and the labor union, the injured employee and his close relatives may submit an application for recognition within one year. The following materials shall be submitted to apply for a determination of work-related injury:
1. Application Form for Identification of Work-related Injury;
2. Proof of the existence of labor relationship with the employer;
3. Medical diagnosis certificate, etc.
If there is a disability that affects the ability to work after the work-related injury is determined and the injury is relatively stable, an application shall be submitted 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). To apply for labor ability appraisal, you should fill in the "Application Form for Labor Ability Appraisal" and submit:
1. The original and photocopy of the Decision on Determination of Work-related Injury;
2. Valid diagnosis certificates, examination and inspection reports and other complete medical record materials copied or reproduced in accordance with the relevant regulations of medical record management of medical institutions;
3. The original and photocopy of the worker's resident ID card or social security card and other valid identity certificates;
4. Other materials specified by the Labor Ability Appraisal Committee.
According to the appraisal conclusion, the work-related injury insurance benefits were asserted. Depending on the level of disability, the compensation received 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, hospital meal allowance, nursing expenses, disability allowance, etc.
In the event of a dispute with the employer over work-related injury insurance benefits, it is a labor dispute, and the employer shall apply to the labor dispute arbitration commission at the place where the employer is located or where the labor contract is performed for labor dispute arbitration. After the arbitral award, the award takes legal effect, and the employer fails to perform its obligations under the award and applies to the people's court for enforcement.
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Anonymous users2024-02-06According to your complaint, if you leave the factory before the identification of the work-related injury ability, and go to work in another place will affect your work-related injury compensation, please be cautious!
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Anonymous users2024-02-05According to the Regulations on Work-related Injury Insurance, the employer shall apply for work-related injury appraisal within one month from the date of the accident, and if the employer fails to submit an application for work-related injury recognition in accordance with the provisions of the preceding paragraph, the injured employee or his immediate family members or trade union organization may directly submit an application for work-related injury recognition to the labor and social security administrative department of the co-ordinating 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 the occupational disease.
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Anonymous users2024-02-04If you quit your job, it won't affect your ability to look for another job.
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Anonymous users2024-02-03If the injury is not serious, but only a skin injury, there is no need to do a labor ability level evaluation, because basically there is no disability level. If a fracture or nerve injury is reached, it is necessary to conduct an appraisal of the working ability level, and after the appraisal, a claim can be made based on the appraisal conclusion.
Now if you want to go to work in other factories, if there are two factories under the same company, and there is no case of termination of labor relations and insurance transfer, then you can go at any time; However, if you do not belong to the same company and belong to two independent legal persons, then it involves the issue of termination of the labor contract and the transfer of insurance, and it is recommended that you should negotiate the compensation before leaving.
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Anonymous users2024-02-02Summary. 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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Anonymous users2024-02-01If the employee's work-related injury is stable and basically healed, the disability appraisal can be carried out, and there is no provision that the work-related injury disability appraisal cannot be done within 2 months. According to the "Regulations on Work-related Injury Insurance": 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 be assessed for his or her ability to work.
Article 22 The appraisal of labor ability refers to the grade appraisal of the degree of labor dysfunction and the degree of self-care disorder. There are 10 levels of disability for labor dysfunction, with the most severe being level 1 and the least being level 10. There are three levels of self-care disorders:
Unable to take care of oneself at all, unable to take care of oneself for most of one's life, and unable to take care of oneself in part of one's life. The labor ability appraisal standard shall be formulated by the social insurance administrative department in conjunction with the health administrative department of the Guofan Rock Affairs Institute and other departments. Article 23 The employer, the injured worker, or his close relatives shall submit an application to the labor ability appraisal committee at the districted city level, and shall provide the relevant information on the determination of the work-related injury and the medical treatment of the worker's work-related injury.
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Anonymous users2024-01-31The time limit for applying for recognition of work-related injuries is as follows: According to Article 17 of the "Regulations on Work-related Injury Insurance", if an employee is injured in an accident or is diagnosed or appraised as an occupational disease in accordance with the laws and regulations 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 overall area within 30 days from the date of occurrence of the accident 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 determination 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 the work-related injury as a work-related illness, directly submit an application for work-related injury determination to the labor and social security administrative department of the area where the employer is located.
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Anonymous users2024-01-30Legal analysis: work-related injury appraisal can be done for two months due to work-related fractures. If the employee's work-related injury is stable and basically healed, the disability appraisal can be carried out, and there is no provision that the work-related injury and disability appraisal cannot be done for two months.
China's relevant laws do not stipulate that two months can not do work-related injury identification, and there is no unified time for work-related injury identification, this depends on the specific condition of the fracture, if two months later in the hospital ** can not apply for work-related injury identification, work-related injury identification must wait until their fracture status has been relatively stable.
Legal basis: Article 21 of the Regulations on Work-related Injury Insurance 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 be evaluated for his or her ability to work.
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Anonymous users2024-01-29A work-related injury appraisal can be done for two months due to work-related fractures. If the employee's work-related injury is stable and basically healed, the disability appraisal can be carried out, and there is no provision that the work-related injury disability appraisal cannot be done for two months, and the need for appraisal is determined according to the situation. China's relevant laws do not stipulate that two months can not do work-related injury identification, and there is no unified provision for the specific time of work-related injury identification, this depends on the specific condition of the fracture, if two months later in the hospital ** can not apply for work-related injury identification, Gongyuanchun hunger injury identification must wait until their fracture status has been relatively stable.
Laws and Regulations: Regulations on Work-related Injury Insurance 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 be evaluated for his or her ability to work.
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