What are the circumstances under which the conditions for entitlement to benefits are lost in the Re

Updated on society 2024-03-16
6 answers
  1. Anonymous users2024-02-06

    1.According to Article 42 of the Regulations on Work-related Injury Insurance, an injured employee shall cease to enjoy work-related injury insurance benefits under any of the following circumstances:

    1) Loss of conditions for enjoying benefits;

    2) Refusal to accept the appraisal of labor ability;

    c) Refusal.

    2.With regard to the first paragraph of this article, "Circumstances of loss of conditions for entitlement to benefits", the work-related injury insurance system protects a specific group of people, i.e., injured employees, and aims to ensure medical treatment and economic compensation for injured employees when they suffer accidental injuries or occupational diseases and lose or partially lose their ability to work. If the injured worker's circumstances change during the period of enjoying the work-related injury insurance benefits and he no longer has the conditions to enjoy the work-related injury insurance benefits, such as the ability to work is fully restored and the work-related injury insurance system does not need to provide protection, the work-related injury insurance benefits shall be suspended.

    In addition, the relatives of the deceased employee will also lose the conditions for enjoying the relevant benefits under certain circumstances, such as the children of the deceased employees who are entitled to the pension will lose the conditions for enjoying the bereavement benefits of the survivors after reaching a certain age or employment; In the event of the death of a relative, the conditions for enjoying the bereavement benefits of the survivors shall be lost.

  2. Anonymous users2024-02-05

    28. What are the circumstances under which an injured employee ceases to enjoy work-related injury insurance benefits?

    According to Article 40 of the Regulations on Work-related Injury Insurance, if an injured employee has any of the following circumstances, he or she shall cease to enjoy work-related injury insurance benefits:

    Loss of conditions for enjoying benefits;

    refusal to accept the appraisal of labor ability;

    refusal;

    Those who have been sentenced and are currently serving their sentence in prison.

  3. Anonymous users2024-02-04

    Article 42 of the Regulations on Work-related Injury Insurance stipulates that if an injured employee has any of the following circumstances, he or she shall cease to enjoy work-related injury insurance benefits: (1) he or she loses the conditions for enjoying benefits; 2) Refusal to accept the appraisal of labor ability; (3) Reading the sedan chair refuses to **.

  4. Anonymous users2024-02-03

    Legal analysis: 1. Loss of the conditions for enjoying the coincidence of Lu Xiao.

    During the period of work-related injury insurance benefits, if there is a change in the circumstances of the injured employee, such as the work-related injury recovery or the death, disappearance, or disability of the injured employee is changed to work-related injury death benefits, or the work-related injury disability benefits are enjoyed according to the disability level, etc., the conditions for enjoying work-related injury insurance benefits will no longer be met.

    In addition, special attention should be paid to the fact that the relatives of the deceased employee may also lose the relevant benefits under certain circumstances, such as the children of the deceased employee who are entitled to the pension for dependent relatives have reached a certain age or have lost the conditions for enjoying the bereavement benefits after they have reached a certain age or are employed.

    2. Refusal to accept the appraisal of labor ability.

    The identification of the early key to work ability is the basis and prerequisite for determining the benefits of work-related injury insurance, and is the scientific basis for determining different degrees of compensation, reasonable job transfer and resumption of work. Work-related injury insurance benefits are different for different levels of disability. The level of disability and the ability to take care of oneself must be determined through the appraisal of the ability to work.

    If the injured employee refuses to accept the labor ability appraisal without a valid reason, it will make the work-related injury insurance benefits uncertain, and at the same time reflect the unwillingness of the injured employee to accept the assistance provided by the work-related injury insurance system. Based on this, since the injured employee refuses to accept the labor ability appraisal, he is not entitled to work-related injury insurance benefits.

    3. Refusal.

    Employees who suffer from work-related accidents or occupational diseases have the right to enjoy medical treatment for work-related injuries and the obligation to actively cooperate with medical treatment. If there is no justifiable reason for refusing**, it is contrary to the purpose of Article 1 of the Regulations on Work-related Injury Insurance, "Promoting Occupation**". China's law stipulates that the injured workers who refuse to be injured shall no longer continue to enjoy the benefits of work-related injury insurance, in order to promote the injured workers to actively accept the first, as much as possible to restore their working ability, so as to improve their quality of life, rather than blindly relying on social assistance.

    However, if there are facts and evidence to prove that such a kind of injury is harmful to the injured employee and not promotes the occupation, the injured employee's work-related injury insurance benefits shall not be excluded.

    Legal basis: According to Article 42 of the Regulations on Work-related Injury Insurance, an injured employee shall cease to enjoy work-related injury insurance benefits under any of the following circumstances:

    1) Loss of conditions for enjoying benefits;

    2) Refusal to accept the appraisal of labor ability;

    c) Refusal.

  5. Anonymous users2024-02-02

    Legal analysis: According to Article 42 of the Regulations on Work-related Injury Insurance, if an employee is injured in a cluster of work, he or she shall cease to enjoy work-related injury insurance benefits if he or she has any of the following circumstances: (1) he or she loses the conditions for enjoying the benefits; 2) Refusal to accept the appraisal of labor ability; c) Refusal.

    Legal basis: Article 42 of the Regulations on Work-related Injury Insurance Article 42 An injured employee shall cease to enjoy work-related injury insurance benefits under any of the following circumstances: (1) he or she loses the conditions for enjoying benefits; (2) Refusal to accept Sun Tan's evaluation of his ability to work; c) Refusal.

  6. Anonymous users2024-02-01

    The conditions for losing the benefits of work-related injury insurance are coincidental: refusal to accept the appraisal of labor ability; Loss of conditions for enjoying benefits; refusal; If an employee is injured in an accident or suffers from an occupational disease due to work, and is recognized as a work-related injury, he or she shall enjoy work-related injury insurance benefits; Among them, those who lose their ability to work after the appraisal of their ability to work enjoy disability benefits.

    The determination of work-related injuries and the evaluation of labor ability shall be simple and convenient.

    [Legal basis].Article 42 of the Regulations on Work-related Injury Insurance.

    If an injured employee has any of the following circumstances, he or she shall cease to enjoy the benefits of the work-related injury insurance:

    1) Loss of conditions for enjoying benefits;

    2) Refusal to accept the appraisal of labor ability;

    c) Refusal.

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