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Whether an employee is disabled or not needs to apply for a labor ability appraisal. Apply to the Municipal Labor Ability Appraisal Committee for determination.
Routine materials and requirements required for declaration of labor ability appraisal.
1) Fill in the "Application Form for Labor Ability Appraisal", paste my recent one-inch bareheaded ** on the form, and if the unit is responsible, press ** and stamp the official seal of the unit; For individual applications, the name of the organization, the detailed address of the organization, the name of the contact person of the organization and ** shall be provided, and the contact person of the organization shall be notified on the spot.
2) The original and copy of the work-related injury determination decision.
3) Bring a copy of the original ID card of the person being appraised.
4) Provide complete and continuous medical record materials, among them, the original inpatient medical record needs to be provided for hospitalization (take the patient's ID card to the hospital medical record room to copy the medical record, and at the same time stamp the special seal of the hospital medical record management, that is, the original medical record), the original is retained by the appraisal center, and then used can go to the medical record room to mention again. If you are not hospitalized, you need to provide the original and copy of the emergency or outpatient medical record, the original and copy of the diagnosis certificate and auxiliary examination report, and the original copy shall be retained for review.
In accordance with the Regulations on Work-related Injury Insurance
Article 23 The employer, the injured employee or his close relatives shall submit an application to the labor ability appraisal committee at the districted city level for the appraisal of labor ability, and provide relevant materials on the determination of work-related injury and the medical treatment of the work-related injury.
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You can apply for appraisal, and there are certain standards for grading.
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The key is to be able to rate.
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During the work-related injury, if the employee is suspended from work and retained with pay, the salary and benefits are the same as those at work. The employer is still required to pay the employee at the original salary level. However, the period of suspension with pay is generally not more than 12 months in the state, and in special circumstances, it can be extended for no more than 12 months.
[Legal basis].Article 33 of the Regulations on Work-related Injury Insurance.
If an employee is injured in an accident or suffers from occupational tuberculosis and needs to suspend work to receive medical treatment for work-related injuries, the original salary and benefits shall remain unchanged during the period of suspension of work and salary, and shall be paid by the employer on a monthly basis.
The period of leave without pay is generally not more than 12 months. If the injury is serious or the circumstances are special, it may be appropriately extended upon confirmation by the labor ability appraisal committee at the districted city level, but the extension shall not exceed 12 months. After the work-related injury is assessed, the original benefits shall be suspended and the disability benefits shall be enjoyed in accordance with the relevant provisions of this Chapter.
If the injured employee still needs to be ** after the expiration of the period of suspension of work with pay, he or she shall continue to enjoy the medical treatment of work-related injury.
If an injured employee who is unable to take care of himself needs nursing care during the period of suspension of work with pay, the unit to which he or she belongs shall be responsible.
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Summary. Dear, we are happy to answer that if your injury has healed and you can return to work, then you should go back to work. Otherwise, if you refuse to return to work, it may affect your workers' compensation.
This is because compensation is usually calculated based on your actual lost wages, and if you do not return to work, you may be considered "unreasonably delaying" or "deliberately mitigating your own losses", resulting in a reduction in the amount of compensation or a denial of it. So, if your doctor has confirmed that you can return to work, return to work as soon as possible.
Dear, we are happy to answer that if your injury has healed and you can return to work, then you should go back to work. Otherwise, if you refuse to return to work, it may affect your workers' compensation. This is because compensation is usually calculated based on your actual lost wages, and if you do not return to work, you may be considered "unreasonably delaying" or "deliberately mitigating your own losses", resulting in a reduction in the amount of compensation or a denial of it.
So, if your doctor has confirmed that you can return to work, return to work as soon as possible.
I'm currently injured at work, and I don't have a doctor's certificate to recommend rest next month, but my work injury is estimated to take two months to deal with, and I think going to work in these two months will affect the compensation.
Dear, we are happy to answer that if your doctor advises you to take a break, but you still choose to go to work, then this may have an impact on your workers' compensation. If you re-injure or worsen your existing injuries during this time, then the insurance company may consider that you have not followed your doctor's advice and refuse to provide compensation for your injuries. In addition, if you continue to work, you may be unable to perform your duties because you are unwell, which may result in you losing your job opportunity or being punished.
Therefore, if your doctor advises you to take a break, it is best to follow their advice and not return to work until you are completely ** and cleared by your doctor.
The doctor said that I can go to work now, I don't need to issue a certificate, my work-related injury company has not yet dealt with it, I want to go to work now, and it will affect me if I resign after the process is completed.
Dear, we are happy to answer your questions If your doctor already thinks you can go to work, then you can consider going back to work. However, if your work-related injury has not been dealt with properly, it is recommended that you take care to protect yourself during work to avoid aggravation of work-related injuries. As for your resignation, you need to deal with it according to the company's regulations and contracts.
If you resign during the contract period and it may affect your benefits package, it is recommended that you communicate with the company to negotiate.
Then I won't go to work until I'm done.
If you don't want to go to work and wait for the process to be processed before quitting, it is recommended that you negotiate with the company to find a suitable solution.
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Legal analysis: If the injured person is ready to continue working in the company, then the relevant materials will be submitted to the company, and then the company with the age mask will apply for work-related injury compensation on behalf of the company, and when the injured person leaves the company, the company will request the work-related injury compensation.
[Legal basis].Regulations on Work-related Injury Insurance
Article 21 Where an employee suffers a work-related injury 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 22 The appraisal of labor ability refers to the evaluation of the degree of labor dysfunction and the degree of self-care impairment. Labor dysfunction is divided into 10 levels of disability, with the most severe being level 1 and the least stupid being level 10. There are three levels of self-care disorders:
Unable to take care of oneself at all, unable to take care of oneself for most of one's life, and unable to take care of oneself partially. The standards for the appraisal of labor ability shall be formulated by the administrative department of labor and social security in conjunction with the administrative department of health and other departments.
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Summary. Hello dear, I am happy to answer your <>
If the employer continues to work after recovering from a work-related injury, it will not affect the work-related injury compensation, and the employer shall submit an application for work-related injury recognition to the local labor administrative department within 30 days from the date of the work-related accident or the date of diagnosis of the occupational disease.
Does the injury affect the compensation if I continue to go to work?
Hello dear, I am glad to answer you carefully before you <> solution
If the work-related injury is healed, continuing to work will not affect the <> compensation
If the employer regrets continuing to work after recovering from a work-related injury, it will not affect the work-related injury compensation, and the employer shall submit an application for work-related injury recognition to the local labor administrative department within 30 days from the date of the work-related accident or the date of diagnosis of the occupational disease.
Hello legal basis: Article 17 of the "Regulations on Work-related Injury Insurance" 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 shall submit an application for work-related injury recognition to the social insurance administrative department of the coordinating area within 30 days from the date of the accident injury or the date of diagnosis or appraisal of the occupational disease. In case of special circumstances, with the consent of the social insurance administrative department, the time limit for application may be appropriately extended.
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.
It is not considered a work-related injury. Work-related injury refers to an accident injury or occupational disease hazard due to work-related reasons, and the employee faints during working hours, but does not faint due to work-related injuries, but is due to his own physical reasons, not work-related injuries. >>>More
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The Regulations on Work-related Injury Insurance set strict limits on the circumstances under which work-related injuries can be determined. According to Article 14, Paragraph 3 of the Regulations of the People's Republic of China on Work-related Injury Insurance, if an employee is injured by violence or other accidents during working hours and in the workplace due to the performance of work duties, and if he or she is injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train that is not his or her primary responsibility while commuting to and from work, these two circumstances shall be recognized as work-related injuries. In other words, only if you are injured in a motor vehicle accident while commuting to or from work and you are not primarily responsible for it can be recognized as a work-related injury. >>>More