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Work-related injuries are the responsibility of the local human resources and social security bureau.
Work-related injuries, also known as industrial injuries, occupational injuries, industrial injuries, and work-related injuries, refer to injuries caused by adverse factors and occupational diseases suffered by workers when engaging in occupational activities or activities related to occupational activities.
1. After the occurrence of a work-related injury, the employer may apply to the Human Resources and Social Security Bureau (formerly the Labor Bureau) for work-related injury recognition within one month, if the company does not apply. The injured employee or his close relatives may apply for recognition within one year. Documents to be submitted:
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. The compensation standards are different from province to province. Depending on the level of disability, the compensation received is not the same. The main compensation is:
Medical expenses, one-time disability allowance, one-time disability employment subsidy, one-time medical subsidy for work-related injuries, wages during the period of leave of absence, food allowance, nursing expenses, etc.
4. If the injured employee does not have a labor contract or other evidence proving the existence of an employment relationship and is unable to apply for a determination of work-related injury, he or she may first apply for labor arbitration to confirm the existence of an employment relationship between the injured employee and the employer. After the existence of an employment relationship is confirmed by labor arbitration, an application for work-related injury determination is made.
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Judicial appraisal institutes can be searched online.
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Analysis of the law of legal auction: Shandong Jinan disability appraisal needs to apply to the Jinan Labor Ability Appraisal Committee, and the Labor Ability Appraisal Committee will designate a hospital or institution to conduct the disability appraisal.
Legal basis: "Work-related Injury Insurance Regulations".
Article 2 Sun Shen 13 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.
Article 25 After receiving an application for labor ability appraisal, the labor ability appraisal committee at the districted city level shall randomly select 3 or 5 relevant experts from the medical and health expert database established by it to form an expert group, and the expert group shall submit an appraisal opinion. The labor ability appraisal committee of the city divided into districts shall make the conclusion of the appraisal of the labor ability of the injured employee on the basis of the appraisal opinions of the expert group; When necessary, a qualified medical institution may be entrusted to assist in the diagnosis.
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 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.
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Legal Analysis: Handling Agency: Shinan District Office of Qingdao Social Labor Insurance Office.
Handling agency: Qingdao Social Labor Insurance Office Shibei District Office.
Legal basis: "Regulations on Work-related Injury Insurance" Article 17 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 the accident injury occur, 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.
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Legal analysis: southwest side of Jiaonan Post and Telecommunications Building, Shiqiao Road, Huangdao District, Qingdao City.
Legal basis: Regulations on Work-related Injury Insurance Article 20 The social insurance administrative department shall, within 60 days from the date of accepting the application for work-related injury determination, make a decision on the determination of work-related injury, and notify the employee or his close relatives and the employee's employer in writing. The social insurance administrative department shall make a decision on the determination of work-related injury within 15 days of accepting an application for work-related injury determination where the facts are clear and the rights and obligations are clear.
Where it is necessary to base a decision on the determination of work-related injuries on the basis of the conclusion of the judicial organ or the relevant administrative department, the time limit for making the determination of work-related injury shall be suspended during the period when the judicial organ or the relevant administrative department has not yet made a conclusion. Where the staff of the social insurance administrative department has an interest in the applicant for work-related injury determination, they shall recuse themselves.
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Legal analysis: You can navigate according to the name through the mobile phone map software, and the specific address is No. 17, Fuzhou South Road, Shinan District, Qingdao City. If it is a subordinate area, the local people can be consulted in detail**.
In addition, there are two conditions for disability appraisal in Qingdao: 1Employees who are disabled or sick due to non-work-related injuries may apply after the expiration of the medical treatment period or the termination of medical treatment; 2.
Men must be at least 50 years old, women must be at least 45 years old, and the payment period (including the deemed payment period) is at least 15 years.
Legal basis: "Social Insurance Law of the People's Republic of China" Article 17 If an individual who participates in the basic endowment insurance for the blind dies due to illness or non-work-related reasons, his or her surviving family members who return to the state of preparation can receive a funeral subsidy and a pension; Those who completely lose their ability to work due to illness or non-work-related disability when they have not reached the statutory retirement age may receive sickness and disability allowance. The required funds are paid out of the basic pension insurance**.
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Legal analysis: No. 17 and No. 27, Nancong Rolling Road, Fuzhou, Shinan District, Qingdao City (Qingdao Civic Center), workers can apply for disability or illness due to non-work-related injuries and medical treatment after the expiration or termination of medical treatment; Men must be at least 50 years old, women must be at least 45 years old, and the payment period (including the deemed payment period) is at least 15 years.
Fachai Zheng Jianlu basis: "Regulations on Work-related Injury Insurance" Article 14 If an employee has any of the following circumstances, it shall be recognized as 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.
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Qingdao does the appraisal of the disability of the orange hail in the labor ability appraisal committee of the city divided into districts. Employees whose injuries are in a relatively stable state may apply to the Labor Ability Appraisal Committee at the municipal level divided into districts for labor ability appraisal, and the appraisal committee shall make a conclusion within 60 days from the date of receipt of the application.
Article 21 of the Regulations on Work-related Injury Insurance stipulates that if an employee suffers a work-related injury and has a disability that affects his or her ability to work after the treatment of the injury is relatively stable, he or she shall be evaluated for his or her ability to work. Article 23 The employer, the injured worker 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 work-related injuries.
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