Is the application written by the lawyer for the second appraisal of work related injury valid witho

Updated on workplace 2024-04-05
8 answers
  1. Anonymous users2024-02-07

    It didn't work. The application for work-related injury appraisal is generally submitted by the parties, and the parties should also sign and seal the parties. It is not valid without the signature and seal of the parties. Unless there is a power of attorney authorized by the parties, it can be signed by the principal.

  2. Anonymous users2024-02-06

    1. After the work-related injury is identified as a disability level, you can receive a one-time disability subsidy, and the application form is stamped by the unit. Because work-related accidents arise in the context of an employment relationship, both aspects must be recognized in the case of work-related injury benefits and disability benefits.

    2. The company's seal requires the unit to review the information in the application form for work-related injury benefits, and the company should be responsible for the information in the application form, so the unit must be sealed. Avoid disputes.

    3. Some of the data in the application form for work-related injury benefits are provided by the unit, because the one-time disability subsidy is calculated based on the average salary of the employee in the first 12 months, and the company needs to provide the amount of the average salary of the employee in the first 12 months, so the company needs to be stamped.

  3. Anonymous users2024-02-05

    When an individual employee applies for work-related injury recognition or work-related injury appraisal, the employer's seal is not a mandatory procedure or a necessary condition. Attached: "Opinions on Several Issues Concerning the Implementation of the Regulations on Work-related Injury Insurance" (Ministry of Labor and Social Affairs Letter 2004 No. 256) V. If an employer fails to submit an application for work-related injury recognition for an employee in accordance with the regulations, and an employee who has been injured in an accident or suffers from an occupational disease or his immediate family members or trade union organization submits an application for work-related injury identification, whether the employee's unit agrees (signs and seals) is not a necessary procedure.

  4. Anonymous users2024-02-04

    Summary. The work-related injury determination company will not give a seal as follows: The first step is to go directly to the arbitration committee of the local labor bureau to apply for confirmation of the de facto labor relationship, and you need to provide the labor arbitration application, the name and registration of the unit, and the proof of the employee's work in the unit (salary slips, passes, attendance sheets, uniforms, witness testimony, etc.), and labor arbitration does not charge fees.

    The second step is to go to the work-related injury identification department of the labor bureau to identify the work-related injury, whether the unit stamps it or not, as long as there is a labor relations award from the labor arbitration commission. The third step, after the identification of work-related injuries, do the appraisal of labor ability, according to the appraisal situation and individual wages and average social wages to calculate the specific compensation standard, if the unit does not give, you can go to the labor arbitration commission to apply for work-related injury compensation, you need the labor ability appraisal, work-related injury compensation application can be.

    Second appraisal of work injury! How can the unit protect its rights if it is not stamped.

    Dear <>

    We'll be happy to answer for you. If the injury determination company does not give the seal, the applicant can directly go to the local labor department to apply for arbitration, and then bring the award to the work-related injury identification department of the labor bureau to determine the work-related injury, and finally do the labor ability appraisal. There are four ring slag sections for work-related injury identification: application, acceptance, undertaking and completion.

    The work-related injury determination company will not give a seal as follows: The first step is to go directly to the arbitration committee of the local labor bureau to apply for confirmation of the de facto labor relationship, and you need to provide the labor arbitration application, the name and registration of the unit, and the proof of the employee's work in the unit (salary slips, passes, attendance sheets, uniforms, witness testimony, etc.), and labor arbitration does not charge fees. The second step is to go to the work-related injury determination department of the labor bureau to identify the work-related injury, whether the unit stamps it or not, and the negotiation is as long as there is a labor relationship award from the labor arbitration commission.

    The third step, after the identification of the work-related injury, and then do the monitoring of the ability to appraise, according to the appraisal of the situation and the individual wage and the average social wage to calculate the specific compensation standard, if the unit does not give, you can go to the labor arbitration commission to apply for work-related injury compensation, you need the labor ability appraisal, work-related injury compensation application.

  5. Anonymous users2024-02-03

    1. How to make a second appraisal if you are not satisfied with the first work-related injury appraisal? If the unit or individual applying for appraisal is not satisfied with the first appraisal conclusion made by the labor ability appraisal committee at the districted city level, it may 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 of receiving the appraisal conclusion. The conclusion of the labor ability appraisal committee made by the labor ability appraisal committee of the province, autonomous region and municipality directly under the Central Government is the final conclusion.

    1) What to do if you are not satisfied with the conclusion of the initial labor ability appraisal If the employer, the injured employee or his or her immediate family members believe that the appraisal conclusion made by the labor ability appraisal committee at the districted city level is light or heavy, it may report to the employer, the injured employee or his or her immediate family members that the appraisal conclusion made by the labor ability appraisal committee at the districted city level is light or heavy, and may report the appraisal conclusion to the province, autonomous region, or other province within 15 days from the date of receipt of the appraisal conclusion. The Labor Ability Appraisal Committee of the municipality directly under the Central Government submits an application for re-appraisal. The labor ability appraisal conclusions made by the labor ability appraisal committees of provinces, autonomous regions and municipalities directly under the Central Government are the final conclusions. (2) How to deal with changes in disability after labor ability appraisal Article 28 of the Regulations on Work-related Injury Insurance stipulates:

    One year after the conclusion of the labor ability appraisal is made, if the injured employee or his immediate family members, his or her employer or handling agency believes that the disability has changed, he or she may apply for a review and appraisal of his or her working ability. In addition, there are several issues to be emphasized here: (1) What is the review and appraisal of labor ability The review and appraisal of labor ability refers to the work-related injury of the employee who has been identified by the labor ability appraisal committee, after a period of time after the appraisal conclusion is made, the injured employee or his immediate family member, the unit or the handling agency believes that the disability has changed, and submits an application to the labor ability appraisal committee, and the labor ability appraisal committee conducts a review and appraisal of the employee according to the national standards.

    2) Why should the review and appraisal of working ability be one year after the date of the conclusion of the working ability appraisal? The reason why the "Regulations on Work-related Injury Insurance" stipulates this is mainly because the appraisal of working ability is made according to the degree of injury and disability of the injured employee at that time, and the degree of disability of the injured employee may be mitigated through medical treatment, or it may be further deteriorated. Stipulating a one-year observation period can prevent the parties from submitting re-examinations and appraisals too frequently and interfering with the normal appraisal work.

    3) Who has the right to apply for a review and appraisal of the working ability of the injured employee or his or her immediate family members; The employer of the injured worker; The agency is the management agency of work-related injury insurance**. To sum up, if an employee believes that the results of the first appraisal that have been made by the specialized agency do not conform to the actual circumstances of his or her actual injury, he or she may submit an opinion of dissatisfaction and request the institution to conduct a second appraisal of his injury and burial situation, but the party concerned is required to communicate with other institutions for a re-appraisal within the specified time limit for the conclusion to be reached.

  6. Anonymous users2024-02-02

    When people are injured in an accident at work, they will put forward a work-related injury appraisal, which is the most direct evidence for claiming compensation, so when we apply for industrial and commercial appraisal, if we are not satisfied with the results, can we apply for a second work-related injury appraisal? Therefore, many people will ask: what are the procedures for applying for a second appraisal if they are not satisfied with the work-related injury appraisal?

    1. The following materials shall be submitted to submit an application for re-appraisal of work-related injuries: pat.

    1.Written application. Including: the facts and reasons for applying for re-appraisal, the situation of injury and illness, the initial appraisal, and the time of application (the application of the unit must be stamped with the official seal, and the application of the injured employee must be signed by himself);

    3.Determination of work-related injury;

    4.Municipal work-related injury and disability appraisal conclusion and valid proof of the time of receipt of the municipal appraisal conclusion;

    5.A copy of the ID card of the person being appraised;

    6.Relevant medical records (must be stamped with the seal of the medical institution): medical diagnosis certificate, medical records, laboratory reports, imaging examination reports, discharge records of hospitalization**, surgical records, etc.; For occupational diseases, the diagnosis certificate, occupational history, and occupational health monitoring files of the occupational disease diagnosis institution should be submitted.

    7.Colour of the injured area after medical treatment** (not available for internal injuries and occupational diseases). Sun laughed.

    2. Procedures for secondary appraisal.

    According to Article 26 of the Regulations on Work-related Injury Insurance, if the unit or individual applying for appraisal does not accept the appraisal conclusion made by the labor ability appraisal committee at the districted city level, it may 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.

    According to Article 28 of the Regulations on Work-related Injury Insurance, one year after the date of the conclusion of the labor ability appraisal, if the injured employee or his close relatives, his or her unit or the handling agency considers that the disability has changed, he or she may apply for a review and appraisal of his or her working ability.

    If the employer, the injured person or his or her immediate family members who apply for the labor ability appraisal are not satisfied with the labor ability appraisal conclusion or the occupational disease appraisal conclusion, they may submit an application for re-appraisal to the Municipal Appraisal Committee within 15 days from the date of receipt of the appraisal conclusion. Generally speaking, if the party and his or her family are not satisfied with the work-related injury appraisal, they can apply for a second work-related injury appraisal, and it can be said that the condition for the second work-related injury appraisal is that someone is not satisfied with the previous work-related injury appraisal results.

  7. Anonymous users2024-02-01

    1. Is the signature of the work-related injury appraisal effective after it is issued? After the work-related injury is identified, it can only be signed by the Social Security Bureau and the person concerned before it can be validated and compensated. How long does it take for the social security center to pay compensation after the disability appraisal is obtained After the disability appraisal is obtained, the social security center will pay the compensation within 30 days from the submission of the application materials.

    The materials required to apply for work-related injury benefits are as follows: 1. Acceptance of work-related injury determination. 2. Decision on work-related injury determination. 3. Disability appraisal opinion.

    4. Certificate of diagnosis. 5. Medical invoices and lists. 6. A copy of the applicant's ID card.

    7. A copy of the applicant's bank passbook or card. The district and county labor and social security administrative departments shall make a decision on the determination of work-related injuries within 60 days from the date of acceptance of the application for work-related injury determination, and within 10 working days, send the work-related injury determination decision to the employee applying for work-related injury recognition or his immediate family members and the employee's unit, and at the same time inform the application procedures for labor ability appraisal. Work-related injury compensation needs to apply for work-related injury recognition at the Human Resources and Social Security Bureau first, and then conduct a labor ability appraisal.

    Based on the results of the appraisal, combine your monthly salary and negotiate a claim with the unit. Specific compensation items may include medical expenses, wages for suspension of work, food allowance, transportation expenses, nutrition expenses, one-time disability allowance, one-time medical subsidy for work-related injuries, one-time disability employment allowance, etc. Disability appraisal refers to the appraisal of the degree of disability.

    The scope of disability appraisal includes traffic accident disability, industrial accident disability, accidental injury disability, and fight and brawl disability. Generally, the judicial department (such as the traffic police force, police station, and court) entrusts a disability appraisal agency to do the corresponding appraisal. In what form will the Social Security Bureau notify when applying for work-related injury disability level appraisal, it is required to leave a contact person, so it will notify the applicant to receive the work-related injury appraisal.

    The work-related injury appraisal certificate shall be in quadruplicate, one copy for the employee, one copy for the employer, one copy for the medical insurance agency, and one copy for the labor ability appraisal center. If your disability appraisal application is submitted to you by the company, then your disability appraisal conclusion will also be collected by the company, and it is difficult to say whether the company will give it to you. When applying for work-related injury and disability level appraisal, it will be required to leave a contact person to facilitate the notification of the applicant to receive the work-related injury appraisal.

    The work-related injury appraisal certificate shall be in quadruplicate, one copy for the employee, one copy for the employer, one copy for the medical insurance agency, and one copy for the labor ability appraisal center. To sum up, after reaching the final conclusion, the appraisal agency will often send the appraisal to the parties in a timely manner to facilitate their claim for corresponding compensation from the unit, but the signature of the parties and the Social Security Bureau is required to confirm that there is no objection and take effect, and finally the Social Security Bureau and the unit will use this appraisal to allocate funds to the parties.

  8. Anonymous users2024-01-31

    Legal analysis: If a worker applies for a work-related injury determination and the work-related injury certificate is not stamped by the employer, the worker, his close relatives or trade union organizations may, within one year from the date of the accident injury or the date of diagnosis or appraisal of an occupational disease, directly submit an application for work-related injury recognition to the employer with the local social insurance administrative department in coordination with the regional social insurance administrative department.

    Legal basis: Regulations on Work-related Injury Insurance》 Article 20 The social insurance administrative department shall, within 60 days from the date of accepting the application for work-related injury determination, make a decision on the determination of work-related injury, and notify the employee or his close relatives and the employee's unit in writing. 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.

    Where a decision to determine a work-related injury needs to be based on the conclusion of the judicial organ or the relevant administrative department, the time limit for making a determination of work-related injury is suspended during the period when the judicial organ or the relevant administrative department has not yet reached a conclusion. Where the staff of the social insurance administrative department has an interest in the applicant for work-related injury determination, they shall recuse themselves.

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