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In accordance with the relevant national laws and regulations, the notice of acceptance of work-related injury determination must be made by the human resources and social security bureau at the county and municipal level, so it can be obtained from the labor and social security administrative department.
1.Article 17 of the Regulations on Work-related Injury Insurance 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 or she 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.
2.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.
3.Article 20 of the Regulations on Work-related Injury Insurance The social insurance administrative department shall make a decision on the determination of work-related injury within 60 days from the date of acceptance of the application for work-related injury determination, and notify the employee or his close relatives and the employee's employer in writing of the application for work-related injury determination.
4.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.
5.The service of legal documents for the determination of work-related injuries shall be carried out in accordance with the provisions of the Civil Procedure Law on service.
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If you have already applied to the local labor department for a work-related injury determination, you can go to the local labor station to obtain it.
Zongheng Legal Network-Guangdong Jitang Law Firm-Wei Feng lawyer.
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You need to apply for a work-related injury determination at the work-related injury determination section of the local social security building.
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Legal Analysis: No, it's a confession.
Legal basis: Social Insurance Law of the People's Republic of China
Article 36 Where an employee is injured in an accident or suffers from an occupational disease due to work-related reasons, and the work-related injury is recognized, he or she shall enjoy work-related injury insurance benefits, and if he loses his or her ability to work after the appraisal of his or her ability to work, he shall enjoy disability benefits.
The determination of work-related injuries and the evaluation of labor ability shall be simple and convenient.
Article 37 If an employee is injured at work due to the destruction of the following circumstances, it shall not be recognized as a work-related injury
1) Intentional crimes, (2) drunkenness or drug abuse, (3) self-harm or suicide, and (4) other circumstances provided for by laws and administrative regulations.
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Summary. After the work-related injury certificate is issued, the work-related injury appraisal will be carried out, and the work-related injury treatment and work-related injury compensation will be obtained with the appraisal results.
After the work-related injury certificate is issued, the work-related injury appraisal will be carried out, and the work-related injury treatment and work-related injury compensation will be obtained with the appraisal results.
If you do not obey the determination of work-related injury, you can sue; If you obey Li Yan's determination, you can conduct a work-related injury appraisal, and according to the appraisal results, if you reach the appraisal level, you can enjoy the corresponding work-related injury treatment and obtain work-related injury compensation. Therefore, if an employee is injured on duty, he or she must submit an application for work-related injury recognition in time and pass the legal appraisal, so as to better protect his rights and interests.
That is, I have received the notice of proof for the determination of work-related injury, and I have to wait for the disability appraisal to be done.
After the work-related injury certificate is issued, after the employee's injury is relatively stable, or before the expiration of the period of suspension of work and salary of the chain-bearer, he can apply for a labor ability appraisal, that is, a disability appraisal. The unit that uses the tremor to disturb the person, the injured employee or his close relatives shall submit an application in a timely manner, and provide relevant materials on the determination of the work-related injury and the medical treatment of the work-related injury.
1.Minor and serious injuries can generally be identified after discharge; 2.Functional problems involving joints and other functional problems can only be identified 3-6 months after discharge; 3.
If the fracture is fixed by the steel plate and the joint function is injured, it can not be identified until 3-6 months after the steel plate is taken out, and the appraisal will be issued within 7 days after the appraisal is accepted, and the appraisal will be completed within 15 days if there are difficulties. 4.The appraisal is cancelled by the entrusting unit such as the traffic police brigade, and the disability level appraisal can generally be identified 3 months to 6 months after the end of discharge; 5.
If the case is not urgent and cannot be filed, such as intentional injury that does not result in minor injuries or traffic accidents that do not result in serious injuries, it often takes one month before an appraisal certificate can be issued.
I have handed over all the materials to the Labor Bureau, that is, I can immediately do a disability appraisal with the evidence of this work-related injury determination.
If it is not serious, it can be identified after discharge.
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Legal basis: Social Insurance Law of the People's Republic of China
Article 38 The following expenses incurred due to work-related injuries shall be paid from work-related injury insurance** in accordance with the provisions of the State:
1) Medical expenses and expenses for work-related injuries;
2) Hospitalization meal subsidy;
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;
5) For those who are unable to take care of themselves, the living care expenses confirmed by the Labor Ability Appraisal Committee;
6) A one-time disability allowance and a monthly disability allowance for employees with disabilities of grades 1 to 4;
7) A one-time medical subsidy to be enjoyed when the labor contract is terminated or dissolved;
8) In the event of a work-related death, the funeral allowance, the pension for dependent relatives and the work-related death allowance received by the surviving family members;
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 the provisions of the State:
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 Chi Shimeng shall enjoy when the labor contract is terminated or dissolved.
Article 41 Where an employee's employer fails to pay work-related injury insurance premiums in accordance with law, and a work-related injury accident occurs, the employer shall pay work-related injury insurance benefits. If the employer does not pay, it shall be paid in advance from the work-related injury insurance**.
The work-related injury insurance benefits paid in advance from the work-related injury insurance** shall be reimbursed by the employer. If the employer fails to repay, the social insurance agency may recover compensation in accordance with the provisions of Article 63 of this Law.
Regulations on Work-related Injury Insurance》 Article 37 Where an employee is identified as having a Grade 7 to Grade 10 disability due to work-related disability, he or she shall enjoy the following benefits:
1) A one-time disability subsidy shall be paid from the work-related injury insurance** according to the level of disability of the injury code, and the standard is: 13 months' salary for grade 7 disability, 11 months' salary for grade 8 disability, 9 months' salary for grade 9 disability, and 7 months' salary for grade 10 disability;
2) If the contract for labor or employment is terminated upon expiration, or the employee himself or herself proposes to terminate the labor or employment contract, the work-related injury insurance** shall pay a one-time medical subsidy for work-related injury, and the employer shall pay a one-time disability employment subsidy. The specific standards for one-time medical subsidies for work-related injuries and one-time employment subsidies for disability shall be prescribed by the people of provinces, autonomous regions and municipalities directly under the Central Government.
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The application for work-related injury recognition shall be collected from the regional social insurance administrative department. The employer shall submit an application for recognition of work-related injury within 30 days from the date of occurrence of the accident injury or the date of diagnosis or appraisal of occupational Zhongchang disease; If the employer fails to apply, the injured employee or his close relatives or trade union organization shall apply within one year from the date of occurrence of the accident injury or the date of diagnosis or appraisal of the occupational disease.
[Legal basis].Paragraph 1 of Article 17 of the Regulations on Work-related Injury Insurance.
If an employee is injured in an accident or Yuqiao 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 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.
Section 2. 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.
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