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Q1: How to write circumstantial evidence of work-related injury?
The format of the general testimony is sufficient.
Clearly state the witness's name, gender, age, ethnicity, and place of household registration.
Basic information such as current residence, place of work, contact**.
Then explain the content to be proved in the testimony, that is, the relationship between the witness and the injured worker (e.g., co-workers, etc.), when the injured worker entered the employer, and whether the employment contract was signed.
Other information such as the time, place, people present, and cause of the work-related accident, as well as the handling of the work-related injured worker by the employer afterwards.
Finally, it is sufficient to sign and indicate the date, month and date of the testimony.
There is no word count requirement, just explain the problem.
The format pays attention to four parts: a name, a header, a body, and an end.
Circumstantial witness certificate of work-related injury.
Information to be submitted for the determination of work-related injury:
1. I personally describe the accident.
Circumstantial evidence materials of 2 persons, after the circumstantial evidence materials are written, the reporting enterprise shall indicate the identity of the circumstantial witness and affix the official seal.
3. Original medical records.
and a copy of the medical certificate (the original will be returned after verification).
4. Attendance information of the month (stamped).
5. Occupational diseases.
For the determination of work-related injuries, the patient's occupational disease prevention and control institute (CDC) must be provided.
Center) and personnel files.
Where a person is injured by violence or other accidents during working hours and in the workplace where work is injured due to the performance of work duties, it shall be submitted to the people's court for a judgment or to the public security department.
or other proof;
If you are injured in a motor vehicle accident on the way to and from work, you shall submit a certificate from the public security traffic management department;
If you are injured due to work reasons while you are away from work, you shall submit a certificate from the public security department or other certificates; Where an application for work-related death is submitted due to an accident where the whereabouts are unknown, the people's court shall submit supporting materials for the declaration of death;
During working hours and at work, sudden illness or death within 48 hours.
If the rescue fails, the rescue and death certificate of the medical institution shall be submitted.
Where harm is suffered in emergency rescue and disaster relief or other activities to preserve national interests or public interests, follow laws and regulations to submit proof from the civil affairs department or other relevant departments.
Q2: How to write circumstantial evidence of work-related injury?
The format of the general testimony is sufficient.
First write down the basic information such as the witness's name, gender, age, ethnicity, place of household registration, current residence, work unit, and contact information.
Then explain the content to be proved in the testimony, that is, the relationship between the witness and the injured worker (e.g., co-workers, etc.), when the injured worker entered the employer, whether the labor contract was signed, the time, place, who was present and the reason for the work-related accident, and other information such as the handling of the injured worker by the employer afterwards.
Finally, it is sufficient to sign and indicate the date, month and date of the testimony.
There is no word count requirement, just explain the problem.
The format pays attention to four parts: a name, a header, a body, and an end.
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Hello friend, the proof of this certifier is very simple, you can write down what happened, or just write that the situation is true, thank you.
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The main thing about this matter is to reflect the situation realistically, and the main thing is to implement your name and sign the date, so as to prove that there is such a thing.
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If it is also a businessman, the certifier only needs to write that the person who has seen the fact that he has suffered a work-related injury is good.
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Legal analysis: Describe the whole process of work-related injury, the Ministry of Labor shall determine the work-related injury according to the work-related injury report and other information provided by the unit and the employee, and only after the work-related injury is identified, the employee can participate in the work-related injury appraisal, and the appraisal level is the basis for the work-related injury treatment given by the unit to the employee.
The law is based on the "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; Hungry God.
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; If an employee has any of the circumstances in item (3) of the preceding paragraph, he or she shall enjoy work-related injury insurance benefits other than a one-time disability subsidy in accordance with the relevant provisions of this article.
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Answering witness testimony is only a kind of evidence, and if there is no witness testimony, there is a seal of the unit, or there is other evidence to prove it, it can still be found to be a work-related injury. If the employer fails to issue an accident report and apply for work-related injury recognition in accordance with the regulations, the injured employee or his relatives may apply for work-related injury recognition to the labor and social security bureau of the place where the local insurance or the enterprise's business license is registered.
3) Medical diagnosis certificate or occupational disease diagnosis certificate (or occupational disease diagnosis and appraisal certificate).
It is recommended that you apply for a work-related injury determination first, and the employer shall report to the labor and social security administrative department of the district within 30 days from the date of occurrence of the accident injury or the date of diagnosis of occupational disease. If the employer fails to make the declaration in accordance with the regulations, the injured employee, his relatives or the trade union organization may also directly apply to the labor department for recognition of the work-related injury within one year. Employees or their relatives who apply for work-related injury recognition need to fill in the Application Form for Work-related Injury Determination.
You can go to the local labor department to apply for a work-related injury determination, and after applying for a determination, you can go to the police station to apply for a certificate, and if the police station still does not issue a complaint.
Article 25, Paragraph 2 of the Regulations on Work-related Injury Insurance The labor ability appraisal committee at the level of a city divided into districts shall make a labor ability appraisal conclusion within 60 days from the date of receipt of the labor ability appraisal application, and if necessary, the time limit for making a labor ability appraisal conclusion may be extended by 30 days. The conclusion of the labor ability appraisal shall be promptly sent to the units and individuals applying for the appraisal.
The work-related injury certificate includes the date, time and place of the accident or the position; Witness; Discharge summary, surgical records, examination reports, etc. of the hospital that was treated on the same day and transferred to the designated hospital. It should be noted that the hospitalization situation, that is, the medical records can only be copied once in the hospital, and cannot be copied a second time, so all medical records, discharge summaries, examination records and surgical records must be copied by themselves.
3. The original medical records and medical diagnosis certificates should be photocopied (the originals will be returned after verification).
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Probably the injury has passed, and it is enough to sign and handprint.
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Legal analysis: There is no prescribed format for the certificate of a colleague's injury at work, which can be issued by the unit, which indicates the name and identity of the injured person, and writes clearly when and for what reason the injury is true, and it is hereby proved that it is enough to affix the official seal. For the application of work-related injury subsidy, the injury certificate issued by the employer is actually useless, after all, for work-related injuries, it is necessary to go to the relevant institutions for work-related injury recognition before applying for work-related injury subsidy.
Legal basis: 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 30 Employees who are injured in accidents or suffer from occupational diseases due to work shall enjoy medical treatment for work-related injuries. Silver.
Employees who are injured at work shall seek medical treatment in the medical institution that has signed the service agreement, and in case of emergency, they can first go to the nearest medical escort institution for first aid.
**If the expenses required for work-related injuries meet the requirements of work-related injury insurance diagnosis and treatment items, work-related injury insurance drug lists, and work-related injury insurance hospitalization service standards, they shall be paid from work-related injury insurance**. The catalogue of work-related injury insurance diagnosis and treatment items, the catalogue of work-related injury insurance drugs, and the hospitalization service standards of work-related injury insurance shall be prescribed by the social insurance administrative department in conjunction with the health administrative department, the food and drug supervision and administration department and other departments.
The food subsidy for the hospitalization of the employee for the work-related injury, as well as the transportation, accommodation and accommodation expenses required for the work-related injury employee to seek medical treatment outside the co-ordination area shall be paid from the work-related injury insurance, and the specific standard of payment shall be stipulated by the people of the co-ordination area.
Injured employees are not entitled to medical treatment for work-related injuries and shall be dealt with in accordance with the basic medical insurance measures.
The cost of work-related injury by the injured employee to the medical machine that has signed the service agreement shall be paid from the work-related injury insurance** if it meets the requirements.
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There is no prescribed format for the certificate of the worker's injury at work, which indicates the name and identity of the injured person, and He Min writes down when and for what reason the injured person was injured in the canopy, and the situation is true, and it is hereby proved that it is sufficient to sign.
For the application for work-related injury subsidy, the injury certificate issued by the employer is actually useless, after all, for work-related injuries, it is necessary to go to the relevant institutions to identify the work-related injury before applying for work-related injury subsidies.
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The certificate of a colleague's injury at work does not have the prescribed format, but can be issued by the unit, which indicates the name and identity of the injured ruler, and writes down when and for what reason the injury occurred, and the situation is true, and it is hereby proved that it is sufficient to affix the official seal. For the application of work-related injury subsidy, the injury certificate of the unit and the sleepy family is actually useless, after all, for work-related injuries, it is necessary to go to the relevant institutions for work-related injury identification before applying for work-related injury subsidies, it is recommended to go to the work-related injury department of the local social security agency in time to clearly understand the required information. Article 75 of the Civil Procedure Law of the People's Republic of China All units and individuals who know the circumstances of the case have the obligation to appear in court to testify.
The responsible person of the relevant unit shall support the witnesses in testifying.
A person who cannot express his meaning correctly cannot testify.
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