If the diagnosis is suspected of being an occupational disease, how should the company compensate?

Law of the People's Republic of China on the Prevention and Treatment of Occupational Diseases

Article 50 Occupational disease patients shall enjoy the occupational disease treatment prescribed by the State in accordance with law.

Employers shall, in accordance with the relevant provisions of the state, arrange for occupational disease patients to undergo regular examinations.

Employers shall transfer patients with occupational diseases who are not fit to continue to engage in their original jobs and make appropriate placements.

Employers shall provide appropriate post allowances to workers engaged in operations that expose them to occupational disease hazards.

Article 51 The medical treatment and expenses of occupational disease patients, and the social security of occupational disease patients who are disabled and have lost the ability to work shall be implemented in accordance with the provisions of the State on social insurance for work-related injuries.

Article 52 In addition to enjoying social insurance for work-related injuries in accordance with law, occupational disease patients who still have the right to receive compensation in accordance with the relevant civil laws have the right to claim compensation from the employer.

Article 53 Where a worker is diagnosed with an occupational disease, but the employer does not participate in the work-related injury social insurance in accordance with the law, the medical and livelihood guarantees shall be borne by the last employer; If the last employer has evidence to prove that the occupational disease was caused by the occupational disease hazards of the previous employer, the previous employer shall bear the responsibility.

Article 54 Where a patient with an occupational disease changes his or her workplace, the benefits he or she enjoys in accordance with law shall remain unchanged.

In the event of division, merger, dissolution, bankruptcy, etc., an employer shall conduct a health examination of the workers engaged in operations that expose them to occupational disease hazards, and properly place the occupational disease patients in accordance with the relevant provisions of the State.

Within one month from the date of diagnosis and appraisal of an occupational disease, the sick employee may request the employer to apply to the Labor Bureau for recognition of work-related injury; Or within one year from the date of diagnosis or appraisal of an occupational disease, the sick employee can apply in person. Then, apply to the labor ability appraisal committee of the city divided into districts to assess the disability level. After that, they will enjoy medical treatment for work-related injuries.

If the employer has paid the work-related injury insurance premium, the social security center will pay the relevant expenses; If the employer fails to pay the work-related injury insurance premium, the employer shall pay the full amount.

Legal Analysis: When an employee suffers from an occupational disease, the employer undoubtedly needs to bear some compensation costs related to the employee's occupational disease. When a suspected occupational disease is discovered, the employer shall promptly arrange for the diagnosis of the suspected occupational disease.

During the period of diagnosis or medical observation of a patient suspected of having an occupational disease, the labor contract concluded with the patient shall not be dissolved or terminated. The expenses incurred by the suspected occupational disease patients during the period of diagnosis and medical observation shall be borne by the employer. Although the suspected occupational disease has not yet been diagnosed as an occupational disease, it is still a case of occupational damage, so the treatment and treatment methods given to employees by the employer can refer to the standard of compensation for occupational diseases.

Legal basis: Article 2 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes This Law shall apply to the following labor disputes between employers and workers within the territory of the People's Republic of China:

1) Disputes arising from the confirmation of labor relations;

2) Disputes arising from the conclusion, performance, modification, rescission and termination of labor contracts;

3) Disputes arising from removal, dismissal, resignation, or resignation;

4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training, and labor protection;

5) Disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, etc.

Legal Analysis: To be compensated. Occupational diseases are a type of work-related injury, and the treatment is the same as that of work-related injuries, and the specific compensation shall be compensated according to the level of work-related injury appraisal.

It is necessary to determine whether you have suffered from occupational diseases, which can only be determined by the diagnosis and diagnosis report of the CDC, and not all employees who are exposed to occupational hazards will suffer from occupational diseases.

Legal basis: Article 30 of the Regulations on Work-related Injury Insurance Employees who are injured in accidents or suffer from occupational diseases due to work shall enjoy the treatment of work-related injury medical information.

Employees who are injured at work should seek medical treatment in a medical institution that has signed a service agreement, and can first go to the nearest medical institution for first aid in case of emergency.

**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 subsidy for the food and food of the employee who is hospitalized for the work-related injury, as well as the certificate issued by the medical institution and the consent of the handling agency, the transportation, food and accommodation expenses required for the injured 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.

If the work-related injury employee goes to the medical institution that has signed the service agreement to carry out the work-related injury**, if it meets the requirements, it shall be paid from the work-related injury insurance**.

If the employee is found to have an occupational disease, the company shall compensate for the following expenses: the salary and benefits of the employee during the period of work-related injury; The monthly disability allowance for employees with disabilities in the fifth and sixth grades; and a one-time disability employment subsidy that the employee shall enjoy after the termination of the contract between the two parties. and medical expenses; Appraisal fees and other expenses shall be paid by work-related injury insurance in accordance with the law.

Legal basis] Article 38 of the Social Insurance Law of the People's Republic of China.

The following expenses incurred due to work-related injuries shall be paid from work-related injury insurance** in accordance with national regulations:

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

2) Meal subsidy for hospitalization;

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;

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 national regulations:

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 labor contract is terminated or dissolved.

Because once an employee suffers from an occupational disease, the company not only needs to give work-related injury compensation and post allowance according to law, but also will even be required by the employee for personal injury compensation, so the cost is quite large, so even if the employee really suffers from an occupational disease, Kai Weisheng will try not to admit it to avoid liability.

Because once an employee suffers from an occupational disease, the company not only needs to give work-related injury compensation and post allowance according to the law, but also will even be required by the employee for personal injury compensation, so the cost is quite large, so even if the employee really suffers from an occupational disease, try not to admit it to avoid liability.

It is stipulated that the following conditions must be met for employees suffering from occupational diseases:

1. The main body of the disease is the worker of an enterprise, public institution or individual economic organization;

2. It must be produced in the course of engaging in professional activities;

3. It must be caused by exposure to occupational disease hazards such as dust, radioactive substances and other toxic and harmful substances;

4. It must be an occupational disease listed in the classification and catalogue of occupational diseases published by the state.

It should be noted that the above four conditions must be met at the same time, and all of them are indispensable.

After determining that the above conditions are met, and the company refuses to admit it, you need to follow the prescribed steps to do the professional appraisal, as follows:

1. Appraisal agency.

A medical and health institution that is responsible for diagnosing occupational diseases in accordance with law at the place where the employer is located, the place where the person is registered, or the place where he or she habitually resides.

2. Identification materials.

1) Professional history and past history;

2) Copy of occupational health monitoring file;

3) Occupational health examination results;

4) Detection and evaluation data of occupational disease hazard factors in the workplace over the years;

5) Other necessary materials required by the diagnostic institution.

Of course, if your company refuses to compensate after the occupational disease identification, it can be solved in the following ways:

1. Negotiate and settle. The two parties have reached an agreement on the compensation for occupational diseases, in which case the average patient will have some compromises, and it is recommended that patients who are in urgent need of ** expenses consider this method.

2. Arbitration. If the enterprise refuses to compensate, the patient with the occupational disease can apply to the local labor arbitration institution for labor arbitration for settlement.

3. Litigation. If the employee is not satisfied with the labor arbitration, he or she may file a lawsuit with the court, and the court will award compensation to the enterprise. If the enterprise refuses to compensate, it can take the effective legal documents and ask the court to enforce them.

Finally, in fact, it doesn't matter whether your company admits to acknowledging occupational diseases or not, as long as you go to the occupational disease appraisal in time and make sure that it is, then the company has no reason to deny it. It is recommended that when this happens, it must be dealt with in time, after all, occupational diseases should be better as soon as possible.