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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 you do not have a labor contract or other evidence to prove the existence of an employment relationship, and cannot apply for a work-related injury determination, you 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.
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What is the disability assessment process?
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Legal analysis: There are three steps in the process of work-related injury identification: 1. Work-related injury identification, the application for work-related injury identification can be submitted by the employer, or by the injured employee or his immediate family members and trade union organizations.
2. Labor ability appraisal. 3. The treatment and remedies that employees should enjoy when they are injured at work.
Legal basis: Article 14 of the Regulations on Work-related Injury Insurance An employee shall be deemed to have suffered a work-related injury if he or she has any of the following circumstances:
1) Being injured in an accident during working hours and in the workplace due to work-related reasons; Troubled years.
2) Being injured in an accident while engaging in preparatory or finishing work related to stuffy 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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1. The injured employee or his employer shall bring the relevant materials to the Labor Ability Appraisal Committee to submit an application for work-related injury appraisal;
2. After the labor ability appraisal committee receives the application for labor ability appraisal, Pang Xiang will review the materials;
3. After the audit, the materials are complete, and the labor ability appraisal committee organizes the appraisal;
4. Make a conclusion on labor ability appraisal within 60 days from the date of receipt of the application for labor ability appraisal.
Article 5 of the Measures for the Determination of Work-related Injuries.
If the employer fails to submit an application for recognition of the injury of a worker in the labor movement within the prescribed time limit, the injured employee, his close relatives or the trade union organization may directly submit an application for determination of work-related injury in accordance with Article 4 of these Measures within one year from the date of occurrence of the accident injury or the date of diagnosis or appraisal of the occupational disease.
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The process of doing a disability assessment.
1. Application. 2. Pay the appraisal fee. 3. Get the notice of slippery wood, and go to the designated medical appraisal first belt institution for identification according to the time and place specified by the person. 4. Get the appraisal conclusion within 20 working days.
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Legal analysis: 1. First go to the Social Security Department of the (city) county and district labor and social security bureau to obtain the work-related injury application identification form, and fill in the ** in detail, including requiring the enterprise to seal and agree to the injured person.
2. If the applicant applies for labor ability appraisal due to work-related injury, the employer, the injured employee or his close relatives or the ** lawyer entrusted by him shall submit an application to the Municipal Labor Ability Appraisal Committee within the following time limit:
a) If the medical treatment has been made before the medical treatment is terminated, the application shall be submitted within 30 days after the medical treatment is terminated.
b) If a work-related injury determination is made after the medical treatment is completed, an application shall be submitted within 30 days after the work-related injury determination is made.
c) The application for the appraisal of the old injury shall be submitted after the occurrence of the illness and before the end of the disease.
3. If you apply for the rating and other appraisals of disability due to illness or non-work-related disability, you shall apply for it within the relevant time limit.
4. One year after the conclusion of the labor ability appraisal is made, if the injured employee or his close relatives, his unit or the social insurance agency believes that the disability has changed, he or she may apply to the Municipal Labor Ability Appraisal Committee for a review and appraisal of the labor ability. Where the person being evaluated or their close relatives submits an application, the person being evaluated should have completed the minimum period of medical treatment for work-related injuries and be in relatively stable condition; If the employer applies separately, the person to be evaluated should have completed the maximum medical treatment period for work-related injuries and be in relatively stable condition. If the injury is serious, it can also be referred by the Social Security Department to the Labor Ability Appraisal Committee for disability evaluation.
According to the results of the work-related injury appraisal, the injured person can be compensated for the relevant losses caused by the work-related injury.
Legal basis: Article 23 of the Regulations on Work-related Injury Insurance The employer, the injured employee or his close relatives shall submit an application to the labor ability appraisal committee at the districted city level, and provide relevant materials on the determination of work-related injury and the medical treatment of the employee's work-related injury.
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1. Employees who are disabled due to work-related injuries should bring their materials to the local social security agency to apply for disability rating after the end of medical treatment;
2. The appraiser shall bring the diagnosis certificate of injury, illness and disability issued by the medical institution, such as: medical records, discharge certificates, CT films, laboratory test sheets, electrocardiograms and other relevant diagnostic materials and the "Employee Injury, Sickness and Disability Labor Appraisal Approval Form" every week.
1. Smile and touch the scum.
Two, three, and five to do the identification.
3. After the appraisal office confirms the materials carried by the appraiser by the experts, it shall pay an appraisal fee of 200 yuan. If the materials are incomplete, we will make a diagnosis and then identify them.
4. The appraisal office shall hold a regular appraisal meeting every Thursday to make a grade or conclusion and announce it.
5. 15 days after the date of receipt and registration of the appraisal materials, the labor and management personnel of the unit shall come to collect the appraisal results and all the materials received.
Article 17 of the Regulations on Work-related Injury Insurance stipulates 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 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 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.
Matters that shall be determined by the provincial-level social insurance administrative department in accordance with the provisions of the first paragraph of this Article shall be handled by the social insurance administrative department at the districted-city level where the employer is located in accordance with the principle of territoriality.
If an employer fails to submit an application for determination of work-related injury within the time limit specified in the first paragraph of this Article, the employer shall bear the relevant expenses such as work-related injury benefits incurred during this period that comply with the provisions of these Regulations.
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Procedures for appraisal of work-related injuries and disabilities: Submit an application for appraisal of labor ability to the labor ability appraisal committee of the city divided into districts; The Labor Ability Appraisal Committee establishes a database of medical and health experts; 3 or 5 relevant experts are randomly selected from the database of medical and health experts established by the company to form an expert group; The conclusion of the labor ability appraisal shall be made within 60 days from the date of receipt of the application for labor ability appraisal, and may be extended by 30 days if necessary.
[Legal basis].Article 21 of the Regulations on Work-related Injury Insurance.
If an employee suffers a work-related injury due to a fictitious rent, 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 or her close relatives shall submit an application to the labor ability appraisal committee at the districted city level, and provide relevant information on the work-related injury determination decision and the employee's work-related injury medical treatment.
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There is an appraisal committee in the labor bureau, you go there and submit the information for consultation.
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You can ask your employer to report to you within 30 days after the accident or occupational disease is diagnosed, and if the employer refuses to declare, you can report to the labor and social security administrative department on your own. When you apply for work-related injury determination, you need to provide the following five materials: application form for work-related injury determination, letter of commitment and statement of injury history, and you need to have the official seal of the employer on the application form and letter of commitment; The original and photocopy of the labor contract you signed with the employer; Medical diagnosis issued by a medical institution, i.e., medical record card, radiograph report, and discharge summary; Your personal ID and your employer's business license.
The labor administrative department will conduct a review within 15 days after receiving the application, and will issue a notice of the conclusion of the work-related injury determination within 60 days after the review and inform you and your employer. After your injury is stabilized, if you still have a disability that affects your ability to work, you can submit a labor ability appraisal to the Labor Ability Appraisal Committee to assess the disability level, and then apply to the local social security center for treatment review according to the assessed disability level, and receive work-related injury insurance benefits according to the disability level.
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First of all, you need to apply to the work-related injury department of the local social security bureau for work-related injury recognition application (under normal circumstances, the company should give the agent), submit the required information to the work-related injury department, and then wait for about 60 days to receive the work-related injury certificate.
3 months after receiving the work-related injury certificate, fill in the labor ability appraisal application form with the official seal of the unit, bring the hospitalization medical record, 5-inch injury**, a copy of the ID card, the work-related injury certificate and a copy, and submit it to the Social Security Work-related Injury Department.
The Social Security Work-related Injury Department will send your information to the local hospital for labor ability appraisal, and the hospital will give you a **, and then you can do a disability level appraisal.
This is the process on our side, and the regulations in each place may be slightly different, but they are similar, so let's give you a reference, and you still have to consult the local work-related injury department.
The one-time medical subsidy and the one-time disability employment subsidy are subject to the termination of the employment relationship or the termination of the employment relationship.
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