Whether a person who is injured while waiting for a work related injury to be recognized may look fo

If the employee does not terminate the employment relationship with the employer during the period of applying for work-related injury determination, he or she is not allowed to look for a job again.

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 the employee does not have a labor contract and other evidence to prove the existence of an employment relationship, and cannot apply for a work-related injury determination, he or she 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.

5. Regulations on Work-related Injury Insurance

Article 14 An employee shall be deemed to have suffered a work-related injury under any of the following circumstances:

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) 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) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.

Article 15 An employee shall be deemed to have suffered a work-related injury under any of the following circumstances:

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 national or public interests;

3) Employees who previously served in the army, were disabled due to war or duty injuries, and have obtained the certificate of revolutionary disabled soldiers, and were 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: Where an employee meets the requirements of Articles 14 and 15 of these Regulations, but in any of the following circumstances, it shall not be recognized as a work-related injury or treated as a work-related injury:

1) Intentionally committing a crime;

2) Drunk or drug addiction;

3) Self-harm or suicide.

Yes, it has nothing to do with workers' compensation.

Legal Analysis: There will be an impact. Part of the labor force will be lost due to work-related injuries in grade 10, which will have a certain impact on future employment. When the employment relationship is terminated or terminated, the one-time employment subsidy paid by the employer is compensation for this.

Legal basis: "Regulations on Work-related Injury Insurance" Article 37 The treatment of employees who are identified as having a disability of grade 7 to 10 due to work-related disability: a one-time disability subsidy shall be paid according to the level of disability from the work-related injury number rental insurance, and the standard is:

Grade 7 disability is 13 months' salary, Grade 8 disability is 11 months' salary, Grade 9 disability is 9 months' salary, and Grade 10 disability is 7 months' salary. If the labor or employment contract is terminated upon expiration, or the employee himself or herself proposes to terminate the labor or employment contract, the work-related injury insurance** shall pay a one-time medical subsidy for work-related injuries, and the employer shall pay a one-time disability employment subsidy. The specific standards for one-time medical subsidies for work-related injuries and one-time employment subsidies for disability shall be prescribed by the people of provinces, autonomous regions and municipalities directly under the Central Government.

After the employee terminates the labor relationship with the employer, he or she can find a new job again, and it has nothing to do with the work-related injury determination. However, the employee needs to keep the evidence of the existence of an employment relationship with the employer to avoid difficulties in protecting his rights in the future. If an employee applies for a work-related injury determination, as long as it is finally recognized as a work-related injury, the employee can enjoy work-related injury benefits.

The resignation of an employee after an injury does not affect the recognition of work-related injuries and the enjoyment of work-related injury benefits. According to Article 14 of the Regulations on Work-related Injury Insurance, 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) 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) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries. Article 38 The following expenses incurred as a result of work-related injuries shall be paid from work-related injury insurance in accordance with the provisions of the state:

1) Medical expenses and expenses for work-related injuries;

2) Hospitalization meal subsidy;

3) Transportation and accommodation expenses for medical treatment outside the overall planning area;

4) The cost of installing and configuring assistive devices for the disabled;

5) For those who are unable to take care of themselves, the living care expenses confirmed by the Labor Ability Appraisal Committee;

6) A one-time disability allowance and a monthly disability allowance for employees with disabilities of grades 1 to 4;

7) A one-time medical subsidy to be enjoyed when the labor contract is terminated or dissolved;

8) In the case of work-related death, the bereavement subsidy, the pension for dependent relatives and the work-related death subsidy received by the surviving family members;

9) Labor ability appraisal fee. Article 39 The following expenses incurred as a result of work-related injuries shall be paid by the employer in accordance with the provisions of the state:

1) Wages and benefits during the work-related injury;

2) The monthly disability allowance received by the disabled employees of the fifth and sixth grades;

3) A one-time disability employment subsidy that shall be enjoyed when the contract is terminated or terminated.

During the work-related injury recognition period, the employee can go to work in the unit. The employer shall pay the wages and remuneration to the workers as usual. However, if the worker wants to accept **, he can also apply for suspension of work and salary, and the wages and benefits of the worker during this period remain unchanged and are still paid by the unit on a monthly basis.

Legal basis] Article 33 of the Regulations on Work-related Injury Insurance.

If an employee is injured in an accident or suffers from an occupational disease due to work and needs to suspend work to receive medical treatment for work-related injuries, the original salary and benefits shall remain unchanged during the period of suspension with pay, and shall be paid by the employer on a monthly basis.

The period of leave without pay is generally not more than 12 months. If the injury is serious or the circumstances are special, it may be appropriately extended upon confirmation by the labor ability appraisal committee at the level of a city divided into districts, but the extension shall not exceed 12 months. After the work-related injury is assessed, the original benefits shall be suspended and the disability benefits shall be enjoyed in accordance with the relevant provisions of this Chapter.

If the injured employee still needs to be ** after the expiration of the period of suspension of work with pay, he or she shall continue to enjoy the medical treatment of work-related injury.

1. Do you want to go to work on the National Day with an ID card?

The agency that handles the ID card is the police station, and the police station is not working during the National Day, so you can't go to the police station to reapply for an ID card. According to the regulations, the police station implements a unified working time across the country (i.e., the working hours of local civil servants and public institutions). On Saturdays and Sundays, except for the staff on duty (the police station has personnel on duty 24 hours a day), and on weekends there is no business such as ID card reissuance, which must be handled during working hours from Monday to Friday (8 a.m. to 12 a.m., 2 p.m. to 6 p.m.).

2. Sudden illness during work is not considered a work-related injury.

Work-related injury determination of sudden illness during work: In the determination of work-related injury, the sudden illness during work can only be regarded as work-related injury if the person dies or dies within 48 hours after rescue fails, and the sudden illness occurs during working hours and at work. There is controversy in the theoretical community about the determination of 48 hours:

Whether to extend the salvage time is still being discussed.

3. What is the compensation standard for work-related injuries and fractures at construction sites?

If a worker suffers an accident fracture due to work-related reasons while working on the construction site, the employer may submit an application for work-related injury recognition to the local social insurance administrative department within 30 days after the work-related injury occurs. After the work-related injury is recognized, you can enjoy the medical treatment of work-related injury, and the medical expenses, food subsidies and transportation expenses within the scope of reimbursement are paid by work-related injury insurance**. If it is necessary to suspend work due to **, the wages during the suspension period shall be paid according to the original treatment.

If there is a disability that affects the ability to work after the first time, the labor ability can also be appraised, and then the corresponding one-time disability allowance and disability allowance can be received according to the level of disability.

Article 18 of the Regulations on Work-related Injury Insurance shall submit the following materials to apply for work-related injury determination:

1) Application form for determination of work-related injury;

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 the work-related injury determination 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 labor and social security administrative department shall accept the application.

Employees can also apply for work-related injuries if they are injured due to their carelessness at work. However, it does not necessarily mean that it is a work-related injury. The employer shall apply for a work-related injury determination within 30 days from the date of occurrence of the accident injury or the date of diagnosis or appraisal of the occupational disease; If the employer does not apply, the injured employee or his close relatives or trade union organization shall apply within one year.

1. What should I do if the company applying for work-related injury does not cooperate?

If the work-related injury company does not cooperate, the employee may apply for work-related injury recognition at the social insurance administrative department of the region where the employer is located.

Article 17 of the Regulations on Work-related Injury Insurance.

Paragraphs 1 and 2 stipulate that 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 social insurance administrative department of the coordinating region. 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.

2. How long is the time limit for determining work-related injuries?

If an employee is injured or suffers from an occupational disease due to work, 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 the occupational disease; If the employer does not submit an application, the injured employee or his close relatives or trade union organizations may file a complaint within one year from the date of occurrence of the accident injury or the date of diagnosis or appraisal of the occupational disease.

3. How to deal with the work-related injury recognition unit's failure to recognize the employee.

If the employer does not apply for a work-related injury determination, the injured employee or his close relatives or trade union organizations shall apply for a work-related injury determination within one year from the date of occurrence of the accident injury or the date of diagnosis or appraisal of the occupational disease. The employer shall apply for a work-related injury determination within 30 days from the date of occurrence of the accident injury or the date of diagnosis or appraisal of the occupational disease;

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 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.

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 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 labor and social security administrative department of the co-ordinating area where the employer is located.

Is it possible to go to work elsewhere during the work-related injury determination period?

During the period of work-related injury determination, employees are not allowed to work in other companies. Because the labor relationship has not been terminated, it is necessary to obtain the consent of the company where the labor relationship is located to work in another company. Article 39 of the Labor Contract Law stipulates that an employer may terminate a labor contract if an employee falls under any of the following circumstances:

1) During the probationary period, it is proved that they do not meet the employment requirements; (2) Seriously violating the rules and regulations of the employer; (3) Serious dereliction of duty, malpractice for personal gain, causing major harm to the employer; (4) The worker establishes labor relations with other employers at the same time, causing a serious impact on the completion of the work tasks of the unit, or refuses to make corrections after being proposed by the employer; (5) The labor contract is invalid due to the circumstances provided for in Item 1, Paragraph 1 of Article 26 of this Law; (6) Those who have been pursued for criminal responsibility in accordance with law. In addition, the work-related injury certificate has not been completed, and the company can be required to pay the employee's wages and benefits during the rest period. Therefore, if an employee goes to work elsewhere during the period of work-related injury determination, it is a violation of the labor contract and brotherhood law treaty.

What are the implications of working for another company while on work-related injury leave?

If the employee goes to work for another company during the work-related injury determination period, the employer can stop paying wages and benefits. Because if you do other work during the work-related injury, the original company can terminate the labor contract, stop the work-related injury allowance, and refuse to pay the disability allowance. Workers are not allowed to work at their posts due to work-related injuries, however, employees are still part of the company.

During this period, the labor relationship with the company still exists, and you can enjoy work-related injury allowance and disability compensation. If the injured employee goes to work in another employer, the employer may stop paying wages and benefits, and may give advice, and if the employee refuses to listen to the advice, the contract may be terminated in accordance with Article 39 (4) of the Labor Contract Law.

The identification of work-related injuries requires a process, and the injured employee can use this time to recuperate physically and mentally, and if the employee insists on going to work in another company during this period, it is a manifestation of irresponsibility to himself. In their work, lawyers often encounter decisions that are unfavorable to them due to the lack of legal awareness of employees, which is not good for employees who are in a vulnerable group.