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Anonymous users2024-02-07Handle it in accordance with the regulations on work-related injury insurance!
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Anonymous users2024-02-06It is not considered a work-related injury, and the employee is injured by self-injurious behavior and may not be guessed to be a work-related injury.
In any of the following circumstances, it shall not be recognized as a work-related injury or treated as a work-related injury:
1. Intentionally committing a crime;
2. Drunk or drug-addicted;
3. Self-harm or suicide.
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 Control 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.
1. How is work-related injury determined?
The determination of work-related injury is an administrative confirmation authorized by the labor administrative department in accordance with the law to determine whether an employee is a work-related injury or is regarded as a work-related injury due to an accident or occupational disease. If an employee is injured in an accident or is diagnosed with 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 apply to the social insurance administrative department of the coordinating area for recognition of work-related injury within 30 days from the date of occurrence of the accident injury. Under special circumstances, with the consent of the social insurance administrative department, the application period may be appropriately extended.
If the employer fails to apply for a work-related injury determination within the prescribed time limit, the injured employee or his or her close relatives may directly apply for a work-related injury determination in accordance with the regulations. According to 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 Control of Occupational Diseases, the employer shall submit an application for recognition of work-related injury to the social insurance administrative department of the coordinating area within 30 days from the date of occurrence of the accident injury or the date of diagnosis or appraisal of the occupational disease. 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 work-related injury recognition in accordance with the regulations, the injured employee, his close relatives or trade union organization may directly submit an application for work-related injury recognition to the social insurance administrative department of the co-ordinating area where the employer is located within one year from the date of the accident injury or the date on which the rubber grinding is diagnosed or appraised as an occupational disease. Matters that shall be determined by the provincial-level social insurance administrative department 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 the employer fails to submit an application for determination of work-related injury within the prescribed time limit, the employer shall bear the relevant expenses such as work-related injury benefits that meet the requirements during this period.
2. The declaration procedures for the determination of work-related injuries of employees by the unit.
The declaration procedure for the determination of work-related injuries for employees of the unit is as follows: if an employee is injured in an accident or is diagnosed or identified as an occupational disease in accordance with the provisions of the Law on the Prevention and Control of Occupational Diseases, the unit to which he belongs shall submit an application for recognition of work-related injury to the social insurance administrative department of the coordinating area within 30 days from the date of occurrence of the accident injury or the date of diagnosis or appraisal of an occupational disease. In case of special circumstances, the time limit for application may be appropriately extended with the consent of the social insurance administrative department.
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Anonymous users2024-02-05Article 37 of the Regulations on Work-related Injury Insurance Where an employee is assessed as having a disability of Grade 7 to Grade 10 due to work-related disability, he or she shall enjoy the following benefits:
1) A one-time disability subsidy will be paid according to the level of disability from the work-related injury insurance, and the standard is: 13 months' salary for the seventh grade disability, 11 months of the salary for the eighth grade disability, 9 months of imitation salary for the ninth grade disability, and 7 months of the salary for the tenth grade disability;
2) If the labor or employment contract is terminated at the expiration of the term, or the employee himself proposes to terminate the labor or employment contract, the work-related injury insurance** shall pay a one-time medical subsidy for work-related injuries, 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.
During the period of recuperation for normal work-related injuries, the employer shall pay wages normally.
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