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1. Apply for work-related injury recognition and identify it as work-related injury. There is a certificate of work-related injury.
2. There is a medical termination issued by the hospital, which proves that the employee has completed the medical treatment or the medical treatment period has ended.
3. Employee's identity document.
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1.According to the relevant provisions of the "Regulations on Work-related Injury Insurance", the labor ability appraisal (work-related injury and disability level appraisal) is composed of 3 or 5 relevant experts randomly selected by the municipal labor ability appraisal committee from the medical and health expert database established by it, and the expert group puts forward the appraisal opinions, and the municipal labor ability appraisal committee makes an appraisal conclusion according to the appraisal opinions of the expert group in combination with the provisions of the "Labor Ability Appraisal of the Disability Grade of Work-related Injuries and Occupational Diseases of Employees" GB T16180-2014.
2.Employees with work-related injuries can compare the relevant provisions of GB T16180-2014 on the "Disability Levels of Work-related Injuries and Occupational Diseases of Employees in the Appraisal of Labor Ability" to estimate their disability level based on their own injuries.
3.If the applicant has any objection to the appraisal conclusion, he or she may, in accordance with Article 26 of the Regulations of the People's Republic of China on Work-related Injury Insurance, submit an application for re-appraisal to the labor ability appraisal committee of the province, autonomous region or municipality directly under the Central Government within 15 days from the date of receipt of the appraisal conclusion.
4.If you don't understand anything, you can call 12333 directly to consult the local labor department.
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During working hours, in the workplace, for work reasons.
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The three conditions that must be met to meet the work-related injury are as follows:
1. Injury, that is, the worker must have the consequences of injury, which is a prerequisite for determining the work-related injury;
2. There is a causal relationship between work and injury. That is, the injury suffered by the worker is caused by the work he or she performs, and there is a close internal relationship between the two. This is the core condition for determining work-related injuries, and it also reflects the essential meaning of work-related injuries as occupational injuries.
3. Time and space conditions. The injury suffered by the worker must occur within the time and space specified by law, such as during working hours and in the workplace, and on the way to and from work, which is also an indispensable condition for determining a work-related injury.
Regulations on Work-related Injury Insurance
Article 14. In any of the following circumstances, it shall be found to be a work-related injury:
1) Being injured in an accident during working hours and in the workplace due to work-related reasons;
2) Being injured in an accident while engaging in work-related preparatory or finishing work in the workplace before or after working hours;
3) Injured by violence or other accidents during working hours and in the workplace due to the performance of work duties;
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The three conditions that must be met for a work-related injury are as follows:
1. Working hours and workplace. Working hours refer to the time prescribed by law or required by the unit to work; Where an employer stipulates the implementation of an irregular working hours system, it refers to the working hours determined by the employer. The workplace refers to the place where the daily work of the employee is located, and the place where the leader temporarily assigns the employee to do the work.
2. Work reasons. Injuries caused by accidents or occupational diseases due to work-related reasons constitute work-related injuries.
3. Subjective fault: Except for the accident injury intentionally caused by the worker himself, even if the worker is negligent or grossly negligent, it is still recognized as a work-related injury.
The time period for the result of the application for determination of work-related injury is within 60 days after submission. China's law clearly stipulates that 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. If the facts are clear and the rights and obligations are clear, the application for determination of work-related injury may be issued within 15 days.
The circumstances under which work-related injuries are determined are:
1. Being injured in an accident during working hours and in the workplace due to work reasons;
2. Suffering from occupational diseases;
3. During the period of going out for work, the person is injured due to work reasons or the whereabouts of the accident are unknown;
4. On the way to and from work, suffered a traffic accident for which he is not primarily responsible;
5. Other circumstances that shall be recognized as work-related injuries as provided by laws and administrative regulations.
The process of determining a work-related injury is as follows:
1. Apply to the labor and social security administrative department for work-related injury determination within 30 days from the date of occurrence of the accident;
2. After being identified as a work-related injury, apply to the Labor Ability Appraisal Committee for disability level appraisal;
3. Apply to the social security department for reimbursement with the appraisal conclusion, hospitalization statement and expense schedule.
Regulations on Work-related Injury Insurance
Article 17. 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 submit an application for determination of work-related injury to the labor and social security 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 labor and social security administrative department.
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 immediate family members 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 labor and social security administrative department of the coordinating area where the employer is located.
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Legal analysis: those who meet the disability assessment criteria level 1 to 4 are completely incapacitated; Grades 5 to 6 are mostly incapacitated; Grades 7 to 10 are partial incapacity. The higher the disability level, the higher the degree of incapacity to work, the lower the ability to maintain a standard of living through work, and the more work-related compensation will be received.
Legal basis: Regulations on Work-related Injury Insurance
Article 14 In any of the following circumstances, an employee shall be deemed to have suffered a work-related injury: (1) he or she is injured in an accident due to work-related reasons during working hours or in the workplace; 2) Being injured in an accident while engaging in work-related preparatory or finishing work in the workplace before or after working hours; 3) Injured by violence or other accidents during working hours and in the workplace due to the performance of work duties; (4) Suffering from an occupational disease; (5) During the period of going out for work, the person is injured due to work or the whereabouts of the accident are unknown; (6) Being injured in a traffic accident or an urban rail transit, passenger ferry, or train accident for which they are not primarily responsible while commuting to or from work; (7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.
Article 10 An employee who has any of the following circumstances shall be deemed to have suffered a work-related injury: (1) He dies of a sudden illness during working hours and at his or her post or dies within 48 hours after rescue fails; (2) Suffering harm in emergency rescue and disaster relief or other activities to preserve the national interest or the public interest; (3) Employees who previously served in the army, were disabled due to injuries sustained in war or in the line of duty, and have obtained a certificate of disabled revolutionary servicemen, but were injured after arriving at the employer. Where employees have any of the circumstances in items (1) or (2) of the preceding paragraph, they shall enjoy work-related injury insurance benefits in accordance with the relevant provisions of these Regulations; Employees who have the circumstances in item (3) of the preceding paragraph shall enjoy work-related injury insurance benefits other than a one-time disability subsidy in accordance with the relevant provisions of these Regulations.
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The three conditions that must be met to qualify for a work-related injury are as follows:
1. Died of sudden illness during working hours and at work, or died within 48 hours after rescue failed;
2. Suffering harm in emergency rescue and disaster relief and other activities to safeguard national interests or public interests;
3. Employees who originally served in the army, were disabled due to war or duty injuries, and have obtained the certificate of revolutionary disabled soldiers, and were injured after arriving at the employer.
Legal basisArticle 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 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.
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.
What are the materials required for the determination of personal work-related injuries?
1. A valid written labor contract or de facto labor relationship certificate between the employee and the employer;
2. Application for Identification of Work-related Injuries of Employees;
3. Employee's ID card and work permit;
4. Materials on injuries and accidents of employees or employers;
5. Relevant circumstantial evidence, such as on-site records, **, confession records, etc., of eyewitness written evidence.
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1. What are the standard conditions for work-related injury disability assessment?
1. The standard conditions for work-related injury disability assessment are as follows:
1) Grade 1 to 4 disability is total loss of working capacity;
2) Grade 5 to 6 disability refers to the loss of working capacity;
3) Grade 7 to 10 disability is partial loss of working ability.
2. Legal basis: Article 14 of the Regulations on Work-related Injury Insurance.
In any of the following circumstances, it shall be found to be a work-related injury:
1) Being injured in an accident during working hours and in the workplace due to work-related reasons;
2) Being injured in an accident while engaging in work-related preparatory or finishing work in the workplace before or after working hours;
3) Injured by violence or other accidents during working hours and in the workplace due to the performance of work duties;
(4) Suffering from an occupational disease;
5) During the period of going out for work, due to work reasons, the person is so bored that he is injured or his whereabouts are unknown in the event of an accident;
(6) Being injured in a traffic accident or an urban rail transit, passenger ferry, or train accident for which they are not primarily responsible while commuting to or from work;
(7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.
2. How to deal with work-related injuries.
The process of handling work-related injuries is as follows:
1. Timely send to the hospital ** Huaizi wheel;
2. To apply for work-related injury identification, the unit or individual shall apply to the local labor department for recognition of work-related injury;
3. Apply for labor ability appraisal, and apply to the municipal labor ability appraisal committee for work-related injury appraisal after the employee has completed or reached a certain medical treatment period to determine the disability level.
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