What should I do if I have a work related injury certificate but do not have a work related injury c

When an employee applies for a labor ability appraisal, he or she must provide a work-related injury certificate, that is, he or she has obtained the labor ability appraisal, then it must be a work-related injury. In addition, it has applied for a work-related injury determination and issued a work-related injury certificate. The work-related injury certificate is issued by the labor department to the unit and the party, and both parties have one copy.

Employees can go to the employer and make a copy of the work-related injury certificate. If the employer is unwilling to make a copy of the employee, he or she can go to the labor department where the employee applies for work-related injury recognition to inquire about the file, and give a work-related injury certificate again, and the work-related injury file will be archived by the labor department for 50 years.

According to Article 20 of the Regulations on Work-related Injury Insurance, "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 notify the employee or his close relatives and the employee's employer in writing of the application for work-related injury determination."

Routine materials and requirements required for declaration of labor ability appraisal.

1) Fill in the "Application Form for Labor Ability Appraisal", paste my recent one-inch bareheaded ** on the form, and if the unit is responsible, press ** and stamp the official seal of the unit; For individual applications, the name of the organization, the detailed address of the organization, the name of the contact person of the organization and ** shall be provided, and the contact person of the organization shall be notified on the spot.

2) The original and copy of the work-related injury determination decision.

3) Bring a copy of the original ID card of the person being appraised.

4) Provide complete and continuous medical record materials, among them, the original inpatient medical record needs to be provided for hospitalization (take the patient's ID card to the hospital medical record room to copy the medical record, and at the same time stamp the special seal of the hospital medical record management, that is, the original medical record), the original is retained by the appraisal center, and then used can go to the medical record room to mention again. If you are not hospitalized, you need to provide the original and copy of the emergency or outpatient medical record, the original and copy of the diagnosis certificate and auxiliary examination report, and the original copy shall be retained for review.

Find a unit or ask for the Social Security Bureau.

No, the identification of work-related injuries and the identification of disability are actually the same thing, and without the identification of work-related injuries, the identification of disability cannot be done. The accurate statement of the appraisal conclusion after the determination of work-related injury should be the appraisal level of labor ability, which is made by the labor ability appraisal committee under the administrative department of human resources and social security, which is divided into ten levels, the heaviest level and the lightest level ten.

The identification procedure is:

1. After the public security organ accepts the case, the party submits an appraisal request to the public security letter-calling organ. The public security organ will issue a power of attorney for the injured person.

2. After receiving the power of attorney, the injured person went to the local forensic clinic in person and submitted an appraisal request to the forensic doctor with the power of attorney. The pre-legal medical doctor accepted the commission, took pictures of the injured, examined them, and gave the appraisal results.

3. After the diagnosis is confirmed in the forensic outpatient clinic, the injured person needs to wait for the forensic appraisal agency to issue an appraisal document.

4. The public security organ will collect the injury appraisal certificate issued by the forensic doctor of the public security bureau at the forensic medical department on its own, and the public security organ will inform the injured of the appraisal results after receiving it.

5. Generally speaking, after receiving the notification of the injury, the injured person can submit a reconsideration of the injury appraisal to the public security organ.

6. The reconsideration of the injury appraisal is carried out by the forensic doctor of the public security organ at the next higher level, and under normal circumstances, the injury appraisal can only be reconsidered once. In special circumstances, if the injured person still does not agree after reconsideration, the public security organs may organize a meeting of relevant experts, and the outcome of the consultation is the final result.

[Legal basis].

Regulations on Work-related Injury Insurance

Article 21 Where 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, an appraisal of his or her ability to work shall be conducted.

Article 23 The employer, the injured employee or his close relatives shall submit an application to the labor ability appraisal committee at the districted city level for the appraisal of labor ability, and provide relevant materials on the determination of work-related injury and the medical treatment of the work-related injury.

Measures for the Administration of Labor Ability Appraisal of Employees Injured at Work".

Article 8 stipulates that the application form for labor ability appraisal shall be filled in and the following materials shall be submitted:

1) The original and photocopy of the "Decision on the Determination of Work-related Injury";

2) Complete medical record materials such as valid diagnosis certificates, examination and inspection reports copied or reproduced in accordance with the relevant provisions of medical institution medical record management;

3) The original and photocopy of the worker's resident ID card or social security card and other valid identification documents;

4) Other materials specified by the Labor Ability Appraisal Committee.

1. Can I do a disability appraisal without a work-related injury certificate?

1. Disability appraisal cannot be done without a work-related injury certificate. According to the relevant regulations, the work-related injury determination decision must be provided to apply for the labor ability appraisal, so the work-related injury labor ability appraisal cannot be carried out without the work-related injury determination decision.

2. Legal basis: Article 23 of the Regulations on Work-related Injury Insurance.

The employer, the injured employee or his or her close relatives shall submit an application to the labor ability appraisal committee of the city divided into districts, and provide the work-related injury determination decision and the employee's work-related injury medical treatment.

2. How to make a disability appraisal for work-related injuries.

1. 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;

2. Labor ability appraisal 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 3 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;

3. The employer, the injured employee or his or her immediate family members shall submit an application to the labor ability appraisal committee of the city divided into districts, and provide relevant information on the work-related injury determination decision and the employee's work-related injury medical treatment;

4. The labor ability appraisal committee at the districted city level shall make a labor ability appraisal conclusion within 60 days from the date of receipt of the application for labor ability appraisal, and if necessary, the time limit for making a labor ability appraisal conclusion may be extended by 30 days. Labor ability refers to the vigorous appraisal conclusions, which shall be promptly delivered to the units and individuals applying for appraisal;

5. If the unit or individual applying for appraisal is not satisfied with the appraisal conclusion made by the labor ability appraisal committee of the city divided into districts, it may submit an application for re-appraisal to the labor ability appraisal committee of the province, autonomous region or municipality directly under the Central Government within 15 days from the date of receipt of the appraisal conclusion;

6. One year from the date of the conclusion of the labor ability appraisal, if the injured employee or his immediate family members, his or her unit or handling agency believes that the disability has changed, he or she may apply for the review and appraisal of his or her working ability.

It is necessary to see what the identification is done when this simple basis. If it is based on work-related injury compensation, the work-related injury appraisal should be carried out before the work-related injury disability appraisal can be processed; If you are cautious about compensation for injuries, you can directly go to the judicial appraisal office to handle the disability appraisal without going through the work-related injury determination. Therefore, in the case of failure to declare the determination of work-related injury, the injured worker should make an appraisal, mainly to see what kind of appraisal needs to be made.

Legal analysis drawbacks: Without a work-related injury certificate, you cannot do a disability appraisal.

Legal basis: Article 23 of the Regulations on Work-related Injury Insurance stipulates that the employer, the injured employee or his close relatives shall submit an application to the labor ability appraisal committee of the city divided into districts, and provide relevant information on the determination of work-related injury and the medical treatment of the employee's work-related injury.

As long as the existing materials are provided, it can be reissued, if the employer does not apply for a work-related injury appraisal for the party after the work-related injury, the party can also conduct the work-related injury appraisal with the national work-related injury appraisal agency by himself, and if the employer is unwilling to compensate the party, the party can also file a lawsuit with the court, and the work-related injury appraisal results can also be submitted to the court as evidence.

If the work-related injury certificate is lost, it can be reissued. Bring your ID card and medical records to the relevant department of labor and social security (it should be the work-related injury insurance department, etc.), obtain the original, make a copy, and then ask the department to stamp a seal on the copy of the "Work-related Injury Certificate", which is as valid as the original.

1. The content of the work-related injury certificate.

1. The full name of the employer.

2. The name, gender, age, occupation and ID number of the employee.

3. The location of the injury, the time of the accident and the name of the occupational disease during diagnosis and treatment, the process and verification of the injury, the basic situation of medical treatment and the diagnosis conclusion.

4. The basis for determining that it is a work-related injury, a work-related injury, or a work-related injury that is not a work-related injury or is not regarded as a work-related injury.

5. Conclusions.

6. The department and time limit for applying for administrative reconsideration if you are not satisfied with the determination decision.

7. The time when the determination decision was made.

The decision on the determination of work-related injuries shall be stamped with the special seal of the administrative department for labor and social security for the determination of work-related injuries.

2. The validity of the work-related injury certificate.

First of all, from the perspective of evidence law, the determination of work-related injury decision is also a kind of evidence in civil litigation, and Judge Mala should review and judge it in combination with other evidence, and enjoy the discretion of whether to admit it. The work-related injury insurance group loss law is within the scope of social law, but for workers who have not participated in work-related injury insurance, work-related injury insurance benefits still need to be remedied through civil litigation.

Although the determination of work-related injury decision is not included in the scope of evidence with pre-determination effect, the parties believe that the determination of work-related injury decision is a kind of public document made in accordance with strict legal procedures, which has strong probative force in civil litigation, and also has pre-determination force for the existence of an employment relationship between the employee and the employer, and the parties are generally not allowed to argue, but it is not absolutely irreversible.

Second, from the perspective of remedies, if the party concerned is dissatisfied with the decision on the determination of work-related injury that has not yet taken effect, he may apply for administrative reconsideration or file an administrative lawsuit in accordance with the law. If the parties do not apply for administrative reconsideration or file an administrative lawsuit within the statutory time limit, even if there is a mistake in determining the work-related injury, the Regulations on Work-related Injury Insurance and the Measures for the Determination of Work-related Injuries do not provide a remedy, and the parties can only request the people's court not to accept it in the civil lawsuit, and this last and only remedy should not be completely closed. In civil litigation, although the decision to determine a work-related injury cannot be declared invalid, a decision may be made not to accept it.

If there is no accident certificate for reporting a work-related injury, the social insurance administrative department will inform the applicant for work-related injury determination in writing to submit a supplementary certificate of traffic accident identification, and wait until the traffic accident is obtained, and then handle the work-related injury determination for the party concerned in accordance with the law. The accident certificate is a material that needs to be buried only for work-related injuries caused by traffic accidents.

[Legal basis].

Article 18 of the Regulations on Work-related Injury Insurance The following materials shall be submitted to apply for work-related injury identification: (1) the 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 person applying for a work-related injury determination are incomplete, the social insurance administrative department shall inform the applicant in writing of all the materials that need to be supplemented and corrected at one time. After the applicant requests to supplement and correct the materials in accordance with the written notice, the labor and social security administrative department shall accept the application.

What should I do if I don't have a work-related injury certificate? The employer shall submit an application for recognition of work-related injury within 30 days from the date of occurrence of the accident injury or the date of diagnosis or appraisal of an occupational disease. (If the employer fails to submit an application for work-related injury determination within the prescribed time limit, the employer shall bear the relevant expenses such as work-related injury benefits that meet the requirements of the Regulations on Work-related Injury Insurance during this period.)

Injured employee or his/her immediate family members or trade union organization – If the employer fails to submit an application for work-related injury recognition within the prescribed time limit, the injured employee or his/her immediate family member or trade union organization may submit an application for work-related injury determination within one year from the date of occurrence of the accident. Materials required for the application for work-related injury identification: Article 18 of the Regulations on Work-related Injury Insurance The following materials shall be submitted to apply for work-related injury identification:

1) Application for work-related injury recognition is only a fierce friend form; (2) Proof of the existence of an employment relationship (including a de facto employment relationship) with the employer; (3) A certificate of diagnosis of medical treatment or a certificate of diagnosis of an occupational disease (or a certificate of diagnosis and appraisal of an occupational disease). 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. If 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. Article 19 After accepting an application for recognition of work-related injury, the social insurance administrative department may, according to the needs of the examination, conduct an investigation and verification of the accident injury, and the employer, employees, trade union organizations, medical institutions 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 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. 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. If the company is unwilling to do this, you can also apply for it yourself or ask your relatives to help apply, but it should be noted that it must be timely, because there is a time limit for the application for work-related injury identification, and overdue may lead to inability to handle it and affect subsequent compensation.