Do I need to bring witnesses to the relevant departments for investigation when determining a work r

Depending on the specific situation, the investigation is a legal procedure and is decided by the work-related injury determination authority. If the social insurance department needs witness testimony in the process of determining a work-related injury, it may notify the witness to make a record in the past. If an employee is injured during working hours due to work-related reasons, it is a work-related injury, and the employer shall submit an application for work-related injury recognition to the administrative department of human resources and social security of the coordinating region within 30 days of the employee sending the work-related accident.

Legal analysisAccording to the relevant laws and regulations, an injured employee who applies for work-related injury recognition needs to submit the Application Form for Work-related Injury Determination and related materials to the local labor and social security department, such as medical records, circumstantial evidence, ID cards and other relevant materials. If the application materials submitted by the injured employee are incomplete, the labor and social security administrative department will inform the applicant in writing on the spot or within 7 working days, and the applicant needs to submit it in a timely manner, and the labor and social security department that meets the application conditions will accept it in accordance with the law. The labor and social security administrative department will make a determination within 60 days of formally accepting the application and issue a "Conclusion on the Determination of Work-related Injury".

If an employee or his or her immediate family member submits an application for determination of work-related injury, the employer has the obligation to cooperate with the investigation of the labor and social security department and truthfully provide the information and relevant evidence within the prescribed time limit. If an employee is injured at work and the employer pays social insurance in full for him/her, the employee shall enjoy work-related injury benefits. Work-related injury insurance** compensates for medical expenses, hospital meal allowances, nursing expenses, assistive devices, etc.

Legal basisRegulations on Work-related Injury Insurance Article 18 The following materials shall be submitted to submit an application for work-related injury identification: (1) an application form for work-related injury identification; (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). 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.

1. A notice of acceptance must be issued.

2. After receiving the application for work-related injury determination, the social insurance administrative department shall review the materials submitted by the applicant within 15 days, and make a decision on acceptance or non-acceptance if the materials are complete; If the materials are incomplete, the applicant shall be informed in writing of all the materials that need to be supplemented and corrected at one time. After receiving all the supplemental and corrective materials submitted by the applicant, the social insurance administrative department shall make a decision to accept or not accept the application within 15 days.

3. The social insurance administrative department shall make a decision on the determination of work-related injury within 60 days from the date of acceptance of the application for work-related injury determination, and issue a "Decision on Recognition of Work-related Injury" or "Decision on Non-recognition of Work-related Injury".

This depends on the materials you submit, if it is complete, there is no need for witnesses, and only if your evidence is complete, they will give you a notice of acceptance, if it is accepted, there will be a result in about 1 month.

The investigation is a legal procedure and is decided by the work-related injury determination authority; Generally, it is within two months from the date of acceptance.

Yes, after accepting the application for recognition of the injured employee, the social insurance administrative department needs to go to the injured employee's employer to investigate the accident injury, and the employer shall also provide assistance. If the employee or his close relatives believe that it is a work-related injury, but the employer does not consider it to be a work-related injury, the employer shall bear the burden of proof.

After accepting an application for recognition of work-related injury, the social insurance administrative department may, as necessary for review, conduct an investigation and verification of the accident injury, and the employer, employee, trade union organization, medical institution and relevant departments shall provide assistance. The diagnosis of occupational diseases and the appraisal of diagnostic disputes shall be carried out in accordance with the relevant provisions of the Law on the Prevention and Treatment of Occupational Diseases.

The employer shall publicize the relevant information on the participation in work-related injury insurance in the employer. Employers and employees shall abide by the laws and regulations on work safety and the prevention and treatment of occupational diseases, implement safety and health regulations and standards, prevent the occurrence of work-related accidents, and avoid and reduce the hazards of occupational diseases. When an employee is injured at work, the employer shall take measures to ensure that the injured employee receives timely treatment.

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 Control of Occupational Diseases, the unit to which he or she 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 social insurance 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 social insurance administrative department.

Legal basis: Article 19 of the Regulations on Work-related Injury Insurance After the social insurance administrative department accepts the application for recognition of the work-related injury department, it may investigate and verify the accident injury according to the needs of the review, and the employer, the employee, the trade union organization, the medical institution and the relevant departments shall provide assistance. The diagnosis of occupational diseases and the appraisal of diagnostic disputes shall be carried out in accordance with the relevant provisions of the Law on the Prevention and Treatment of Occupational Diseases.

The social insurance administrative department will no longer conduct investigation and verification of those who have obtained a certificate of diagnosis of an occupational disease or an appraisal of an occupational disease in accordance with the law.

Legal analysis: If the worker applies for work-related injury determination by himself, but he cannot produce evidence to prove the labor relationship, the worker goes to the labor bureau to apply for arbitration, and the labor bureau will not send someone to investigate, and the worker applying for labor arbitration needs to provide evidence to prove the factual claim he requested, and if the worker does not have evidence to prove his claim, it may lead to the claim being not supported.

Legal basis: Social Insurance Law of the People's Republic of China

Article 36 Where an employee is injured in an accident or suffers from an occupational disease due to work-related reasons, and the work-related injury is recognized, he or she shall enjoy work-related injury insurance benefits; Among them, those who lose their ability to work after the appraisal of their ability to work enjoy disability benefits.

The determination of work-related injuries and the evaluation of labor ability shall be simple and convenient.

Article 37 If an employee is at work due to any of the following circumstances, it shall not be deemed to be a work-related injury:

1) Intentional auspicious divination crimes;

2) Drunkenness or drug use;

3) self-harm or suicide;

4) Other circumstances provided for by laws and administrative regulations.

Yes, after accepting the application for recognition of the injured employee, the administrative department of the social shirt insurance department needs to go to the employer of the injured employee to investigate the accident injury, and the employer shall also provide assistance. Article 19 of the Regulations on Work-related Injury Insurance After accepting an application for recognition of work-related injury, the social insurance administrative department may, according to the needs of the review, conduct an investigation and verification of the accident injury, and the employer, employee, trade union organization, medical institution and relevant departments shall provide assistance.

Legal analysis: It is not necessary to provide witnesses to apply for work-related injury determination, if there are several other materials that can prove that the facts stated in the application are consistent, whether there are witnesses with the first certificate.

Legal basis: Social Insurance Law of the People's Republic of China

Article 36 Where an employee is injured in an accident or suffers from an occupational disease due to work-related reasons, and the work-related injury is recognized, he or she shall enjoy work-related injury insurance benefits, and if he loses his or her ability to work after the appraisal of his or her ability to work, he shall enjoy disability benefits.

The determination of work-related injuries and the evaluation of labor ability shall be simple, convenient and simple.

Article 37 If an employee is at work due to any of the following circumstances, it shall not be deemed to be a work-related injury:

1) Intentional crimes, (2) drunkenness or drug abuse, (3) self-harm or suicide, and (4) other circumstances provided for by laws and administrative regulations.

The answer to the question of whether the applicant company needs witnesses for work-related injury determination is as follows: Does the work-related injury determination need witnesses During the work-related injury determination process, it is not necessary to submit witness testimony, and there is no legal basis for requiring witness testimony. Article 18 of the Regulations on Work-related Injury Insurance stipulates that:

The following materials shall be submitted to submit an application for work-related injury determination: (1) an application form for work-related injury determination; (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 5 of the Measures for the Determination of Work-related Injuries stipulates that:

To submit an application for work-related injury determination, the forelimb shall fill in the Application Form for Work-related Injury Determination and submit the following materials: (1) a copy of the labor contract or other valid proof of the establishment of labor relations; (2) A certificate of post-injury diagnosis or an occupational disease diagnosis certificate (or an occupational disease diagnosis and appraisal certificate) issued by an institution for lack of medical treatment.