The employee asks for leave for back pain and says how to determine the work related injury unit

During working hours, only those who are injured in the workplace due to work-related reasons are considered work-related injuries, and those who do not meet the criteria for the recognition of work-related injuries are not work-related injuries.

Generally speaking, an injury is an injury that occurs while engaging in activities related to the content of the work during working hours and at the workplace. If your work is a laborer that uses a lot of waist, such as a porter, you can apply for it as an occupational disease and fill in the work-related injury application form as a work-related injury.

The crux of your question is whether the back pain is a work injury or a pre-existing condition. This is not something that ordinary people can do for identification, but only a doctor who goes to a specialized hospital for work-related injury or occupational disease evaluation.

If it is caused by work, it is a work-related injury. If it is a pre-existing condition, it can only be covered by medical insurance.

to deal with it. The doctor's determination is the key to whether or not you are injured at work.

If it is determined that it is caused by work, you can get medical records and employment contracts.

The ID card shall be applied to the labor bureau for recognition of work-related injury. If the employer does not apply, you can go to the labor bureau to apply yourself. After the labor bureau determines the work-related injury, you can enjoy the work-related injury insurance benefits in accordance with the law.

If it cannot be identified as caused by work, it can only be regarded as an illness and medical insurance for medical treatment**.

In any of the following circumstances, it shall be found to be a work-related injury:

1) During working hours and in the workplace, Yuan Zhaofeng was injured in an accident due to work;

2) Being injured in an accident while engaging in work-related preparatory or finishing work in the workplace before or after working hours;

3) Injured by violence or other accidents during working hours and in the workplace due to the performance of work duties;

4) Suffering from occupational diseases;

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) Laws and administrative regulations.

Other circumstances that shall be recognized as work-related injuries are stipulated.

I don't think work-related back pain can be counted as a work-related injury, and not a very obvious illness can be counted as a work-related injury.

I'll have to go to the hospital to ask about this.

During the period of illness or non-work-related injury**, the enterprise shall pay the employee sick leave pay or sickness relief expenses in accordance with the relevant regulations within the prescribed medical treatment period, and the sick leave pay or sickness relief expenses may be paid lower than the local minimum wage standard, but shall not be lower than 80% of the minimum wage standard.

2. Except for the case stipulated in Article 25 of the Labor Law, the employer shall not terminate the labor contract when the term of the labor contract expires during the period of medical treatment, pregnancy, childbirth and breastfeeding. The term of the employment contract shall automatically extend until the expiration of the period of medical treatment, pregnancy, maternity and lactation.

3. Employees who take long sick leave can continue to perform labor or physical contracts if they can engage in their original work after the expiration of the medical treatment period; If the employee is still unable to engage in the original job or work arranged by the unit after the expiration of the medical treatment period, the labor appraisal committee shall conduct an appraisal of the working ability with reference to the appraisal standards for the degree of disability caused by work-related injuries and occupational diseases. Those who have been identified as level 1 to 4 shall withdraw from their labor positions, terminate their labor relations, go through the formalities for retirement due to illness or non-work-related injuries, and enjoy corresponding retirement benefits; If the employee is assessed as a grade 5 to 10, the employer may terminate the labor contract and pay severance and medical subsidies in accordance with regulations.

4. The "minimum wage" in Article 48 of the Labor Law refers to the minimum labor remuneration paid by the employer on the premise that the worker has fulfilled his normal labor obligations within the statutory working hours. The minimum wage does not include wages and remuneration for extended working hours, housing and food subsidies paid by employers in monetary terms, allowances for special working environments and working conditions such as medium shifts, night shifts, high temperatures, low temperatures, underground, toxic and harmful, and social insurance benefits stipulated by national laws, regulations and rules.

5. If a worker is sick or injured not due to work, and the labor appraisal committee confirms that he is unable to perform his original job or perform the work arranged by the employer and terminates the labor contract, the employer shall pay him an economic compensation equivalent to one month's salary for each full year of his or her service in the employer, and shall also pay a medical subsidy of not less than six months' salary. In the case of serious illness and terminal illness, the medical subsidy shall also be increased, and the increase in the amount of serious illness shall not be less than 50 percent of the medical subsidy fee, and the increase in the amount of terminal illness shall not be less than 100 percent of the medical subsidy fee.

Legal basis. Article 3 When an employee of an enterprise needs to stop working for medical treatment due to illness or non-work-related injury, he or she shall be given a medical treatment period of three months to 24 months according to his actual working years and working years in the unit

1) Where the actual working experience is less than 10 years, three months for those who have worked in the unit for less than 5 years; Six months for more than five years.

2) Where the actual working experience is more than 10 years, the working experience in the unit is less than 5 years, and the group is 6 months; 9 months for those between five and ten years; 12 months for between 10 and 15 years; 18 months for between 15 and 20 years; 24 months for more than 20 years.

1.Work-related injuries to the psoas muscles are considered work-related injuries, but they must first apply for work-related injury recognition. 2.

Article 14 of the Regulations on Work-related Injury Insurance shall be deemed to be a work-related injury if an employee has any of the following circumstances: (1) he or she is injured in an accident during working hours and in the workplace due to work-related reasons; (2) Engaging in work-related preparatory or finishing work in the workplace before or after working hours and being injured in an accident; 3) Injured by violence or other accidents during working hours and in the workplace due to the performance of work duties; 4) Suffering from occupational diseases; (5) During the period of going out for work, they are injured due to work reasons or have an accident and their whereabouts are unknown; 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 15 In any of the following circumstances, an employee shall be deemed to have suffered a work-related injury:

1) Died of a sudden illness during working hours and at work, or died within 48 hours after rescue efforts failed; (2) Suffering harm in emergency rescue and disaster relief or other activities to preserve the national interest or the public interest; (3) The employee was previously serving in the army, but was disabled due to injuries sustained in war or in the line of duty, and has obtained a disabled military certificate, and was injured after arriving at the employer. Where employees have any of the circumstances in items (1) or (2) of the preceding paragraph, they shall enjoy work-related injury insurance benefits in accordance with the relevant provisions of these Regulations; Employees who have the circumstances in item (3) of the preceding paragraph shall enjoy work-related injury insurance benefits other than a one-time disability subsidy in accordance with the relevant provisions of these Regulations. Article 16 Employees who meet the requirements of Articles 14 and 15 of these Regulations, but in any of the following circumstances, shall not be deemed to have suffered a work-related injury or be treated as a work-related injury

1) Intentionally committing a crime; (2) Drunk or taking drugs; (3) Self-harm or suicide.

Pain is only a subjective feeling, not an injury, and it is not possible to identify a work-related injury. A work-related injury must have a definite injury.

You can see if you look at the Regulations on Work-related Injury Insurance. The determination of work-related injury shall be made by the competent functional department of the company, and they shall submit an application for work-related injury determination to the labor insurance administrative department of the Labor and Social Security Bureau. A herniated lumbar disc is not considered a work-related injury, and as long as you pay medical insurance, the medical expenses can also be reimbursed.

As long as you meet the conditions for work-related injury recognition and the supporting materials are complete, you can report it within 30 days.

Lumbar disc herniation is traumatic in nature and degenerative in nature.

Traumatic injuries can be declared as work-related injuries, and degenerative injuries are not counted as work-related injuries.

A herniated lumbar disc doesn't form in a day. You can get the idea, right?

It is a work-related injury, but the disability assessment is not up to the level.

Your situation is difficult to identify as a work-related injury. If the work-related injury cannot be determined, the company shall not be liable for the work-related injury.

Sick leave shall be paid wages, and the amount of sick leave pay shall be paid according to the standard of length of continuous service.

You can collect evidence of overtime and ask the employer to pay overtime wages.

If the overtime hours stipulated by the company have violated the mandatory provisions of national laws and regulations, you can immediately terminate the labor shed return contract and ask for economic compensation.