What to do after a work injury, and what to do after a work injury

1. Work-related injury reporting procedures: This procedure is only available if the employer has taken out work-related injury insurance for the employee in the work-related injury insurance institution. The employer shall, within 15 days from the date of the occurrence of the work-related accident or the date of diagnosis of the occupational disease, submit a work-related injury report to the local labor administrative department.

2. Procedures for determining work-related injuries: The procedures for the social insurance agency to investigate and determine whether the work-related injury (death) accident is a work-related injury, which is the first step for general work-related injuries. However, if the employer agrees in writing that it is a work-related injury and does not have work-related injury insurance, it may not go through this procedure.

3. Work-related injury appraisal procedures: Work-related injury appraisal is the act of assessing the disability level of an employee who applies for work-related injury appraisal on the basis of his or her work-related injury identification (i.e., after completing the injury identification procedure) and after the completion of his or her medical treatment or the expiration of his medical treatment.

4. Negotiate the work-related injury compensation procedure: After the work-related injury is appraised, the compensation amount can be calculated according to the appraisal standard. If the unit has taken out work-related injury insurance, the national work-related injury insurance agency will directly issue work-related injury insurance benefits according to the standards.

If they are not insured (especially at the work-related injury insurance institution), they will negotiate with the employer to settle the matter according to the standards.

V. Labor Arbitration Procedure: If the dispute cannot be resolved through negotiation with the employer, the employer may initiate arbitration proceedings with the local labor arbitration department in accordance with the labor arbitration regulations.

Legal basis: 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 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 region. In case of special circumstances, the time limit for application may be appropriately extended with the consent of the social insurance administrative department.

In addition to **, you should apply for work-related injury insurance compensation in accordance with the work-related injury insurance regulations.

Legal analysis: 1. After the occurrence of work-related accidents, enterprises should report work-related injuries and occupational diseases in a timely manner, and shall not conceal or omit reports; secondly, the injured employee or his or her relatives apply for recognition of work-related injury and enjoy work-related injury benefits; Third, the trade union organization of the enterprise may submit an application on behalf of the injured employee. 2. Time requirements for reporting and application:

From the date of the occurrence of the work-related accident or the date of diagnosis of the occupational disease, the enterprise shall report within 15 days, and the injured employee or his relatives shall apply within 15 to 30 days. Within this time, the report and application should be as soon as possible, which is conducive to timely investigation and evidence collection, and is conducive to the timely enjoyment of relevant benefits by injured employees. 3. Investigation and evidence collection and identification of work-related injuries

After receiving the work-related injury report and application, the labor administrative department shall pay close attention to the investigation and return it, and shall generally make a conclusion on whether to determine the work-related injury within 7 days, or 30 days under special circumstances, and notify the work-related injury in writing.

Legal basis: According to Article 38 of the Social Insurance Law, the following expenses incurred due to work-related injuries shall be paid from the work-related injury insurance in accordance with national regulations:

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.

Article 39 stipulates that 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 shall be enjoyed when the labor contract is terminated or dissolved.

Legal analysis: After the occurrence of work-related accidents, enterprises should report work-related injuries and occupational diseases in a timely manner, and must not conceal or omit reports; secondly, the injured employee or his or her relatives apply for recognition of work-related injury and enjoy work-related injury benefits;

Legal basis: Article 18 of the Regulations on Work-related Injury Insurance The following materials shall be submitted to apply for work-related injury identification:

1) Application form for determination of work-related injury;

2) Proof of the existence of an employment relationship (including a de facto employment relationship) with the employer;

3) Medical diagnosis certificate or occupational disease diagnosis certificate (or occupational disease diagnosis and appraisal certificate).

The application form for determination of work-related injury shall include basic information such as the time, place, and cause of the accident, as well as the degree of injury of the employee.

Where the materials provided by the applicant for work-related injury determination are incomplete, the social insurance administrative department shall inform the applicant of all the materials that need to be supplemented and corrected in writing at one time. After the applicant requests to supplement and correct the materials in accordance with the written notice, the social insurance administrative department shall accept it.

1. Apply for work-related injury recognition. The employer shall submit an application within 30 days after the occurrence of the work-related injury; If the employer fails to submit an application for recognition of the workman's injury in accordance with the law, the injured employee or his close relatives or trade union organization may apply for a work-related injury determination within one year from the date of the work-related injury.

2. After the termination or stabilization of the injury, apply for work-related injury appraisal.

3. Claim work-related injury insurance benefits in accordance with the law and procedures based on the appraisal results.