Whether the injured person can apply for recurrence of the work related injury after terminating the

Do you have a work-related injury** or do you want to be re-identified as work-related injury? According to your textual understanding, it should be that the original work-related injury **part has healed**, and now the old injury**. If so, it is possible to apply for an old injury**, according to Article 38 of the Regulations on Work-related Injury Insurance

Employees who are injured at work** and confirm that they need information shall enjoy the work-related injury benefits stipulated in the relevant regulations. If you have terminated the labor contract with the original unit, it is estimated that the original unit will not help you to apply, and you may need to apply for it yourself, you can take a look at your work-related injury certificate and disability level appraisal certificate, which level (municipal or provincial) labor department has the official seal of the labor department, and then go to the relevant labor department to consult the specific operation process of applying for old injuries.

Yes, because Article 28 of the Regulations on Work-related Injury Insurance provides that after one year from the date of the conclusion of the appraisal of working ability, 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.

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

The situation you mentioned should be 1 year from the date of the conclusion of the labor ability appraisal can apply for the old injury**, you said a few months do not know that it is not after 12 months.

Generally, those who have enjoyed a one-time medical subsidy for work-related injuries and a one-time employment subsidy at the time of termination of the labor contract can no longer enjoy work-related injury benefits.

If the injured employee dissolves or terminates the labor relationship with the unit where the accident injury is located, and receives a medical subsidy and employment subsidy for the work-related injury of Huailiang, the work-related injury insurance relationship has been terminated, and the old injured employee is no longer entitled to work-related injury insurance benefits, and in principle, the work-related injury employee shall take care of himself. Only the part of the medical expenses for old injuries in Tianjin that exceeds the original one-time medical subsidy for work-related injuries shall be paid by the work-related injury insurance** if it meets the standards stipulated by the work-related injury insurance.

1. Does the dismissal during the work-related injury determination period comply with the law?

During the period of work-related injury, the employer shall not unilaterally terminate the employment relationship.

In order to protect the legitimate rights and interests of employees, the law clearly stipulates the legal circumstances under which labor contracts may not be terminated at will. According to Article 42 of the Labor Contract Law, "the employer shall not terminate the labor contract in accordance with the provisions of Articles 40 and 41 of this Law if an employee falls under any of the following circumstances:

1) Workers engaged in operations that expose occupational disease hazards have not undergone a pre-departure occupational health examination, or are suspected of being an occupational disease patient during the period of diagnosis or medical observation;

2. Suffering from an occupational disease or being injured at work in the unit and being confirmed to have lost or partially lost the ability to work;

3) Illness or non-work-related injury, within the prescribed medical treatment period;

4) Female employees are pregnant, giving birth, or breastfeeding;

5) Those who have worked in the unit for 15 consecutive years and are less than five years away from the statutory retirement age;

6) Other circumstances provided for by laws and administrative regulations. If the employer unilaterally terminates the labor relationship without authorization during the work-related injury, it is obviously a violation of the clear provisions of the Labor Contract Law, that is, the employer's practice should be an illegal termination.

In fact, even if the labor contract is not terminated, the situation of work-related injury can only be confirmed after the appraisal of labor ability, and whether it is a work-related injury or not, in the absence of any evidence, the relevant treatment cannot be provided only on the basis of the employee's one-sided statement.

If the labor contract is terminated with the enterprise after the work-related injury and the work-related injury treatment is enjoyed, then the work-related injury ** cannot be found in the original enterprise in the future.

Workers need to apply for work-related injury identification, and then conduct a disability level appraisal, according to the appraisal results to determine the disability level and request compensation from the employer, can request the employer to compensate for medical expenses, lost work expenses, hospitalization expenses, nutrition expenses, etc., if the negotiation fails, can go to the labor and social security supervision department to complain or apply for labor arbitration.

Regulations on Work-related Injury Insurance》 Article 37 Where an employee is identified as having a Grade 7 to Grade 10 disability due to work-related disability, he or she shall enjoy the following benefits:

1) A one-time disability subsidy shall be paid according to the level of disability from work-related injury insurance, and the standard is: 13 months' salary for grade 7 disability, 11 months' salary for grade 8 disability, 9 months' salary for grade 9 disability, and 7 months' salary for grade 10 disability;

2) If the labor or employment contract is terminated upon expiration, or the employee himself or herself 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.

Depending on the circumstances under which the contract is terminated, if you have taken all the disability compensation and voluntarily signed a termination agreement, it will not work. You can only ask the local civil affairs department for "medical assistance"!

It is better to go through the work-related injury identification, so that it is more secure. Old injury**, legally the original unit should be managed.

Regulations on Work-related Injury Insurance

Article 38 Employees injured at work who are injured at work and whose need is confirmed to be in need of them shall enjoy the work-related injury benefits provided for in Articles 30, 32 and 33 of these Regulations.

If the employer terminates the employment contract with you, you should enjoy a one-time work-related injury and disability allowance in addition to a one-time work-related injury and disability subsidy, as well as a one-time work-related injury medical subsidy and a one-time employment subsidy.

These relevant benefits are calculated according to the level of disability, as long as you enjoy these three treatments and terminate the labor contract with the unit, then there is no legal basis for the old injury ** to find a unit again.

If the labor contract has not been terminated and the one-time work-related injury medical subsidy and one-time employment subsidy are not enjoyed, and the old injury** in the unit is judged to be a work-related injury ** by the hospital, you can still enjoy the work-related injury treatment.

Hope it helps. Thank you.

Hello, you need to apply for work-related injury identification, and then carry out disability level appraisal, according to the appraisal results to determine the disability level and request compensation from the unit, you can ask the unit to compensate for medical expenses, lost work expenses, hospitalization expenses, nutrition expenses, etc., if the negotiation fails, you can go to the labor and social security supervision department to complain or apply for labor arbitration. It is recommended to bring the materials to the law firm for detailed discussion.

After the termination of the labor relationship, the cost of work-related injuries and old injuries shall be borne by themselves.

Generally speaking, an injured employee will only be injured if he or she is disabled**. If an injured employee is disabled, the work-related injury insurance** shall pay a one-time disability subsidy, and the employer shall pay a one-time employment subsidy, and the work-related injury insurance relationship shall be terminated, and the employer shall no longer be liable for compensation for the previous work-related injury. Among them, the one-time work-related injury medical subsidy is compensation for old injuries**.