Lawyer: Why didn t I get a work related injury certificate?

Are you talking about a work-related injury certificate or a work-related injury disability certificate? If it is required to be given to the parties, they may sue or apply again if they are not satisfied. I want to go to the appraisal department.

Regulations on Work-related Injury Insurance.

Article 20 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 determinationand notify the employee or his close relatives and the employee's unit in writing to apply for work-related injury determination.

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.

Article 25 After receiving an application for labor ability appraisal, the labor ability appraisal committee at the districted city level shall randomly select 3 or 5 relevant experts from the medical and health expert database established by it to form an expert group, and the expert group shall submit an appraisal opinion. The labor ability appraisal committee of the city divided into districts shall make the conclusion of the appraisal of the labor ability of the injured employee on the basis of the appraisal opinions of the expert group; When necessary, a qualified medical institution may be entrusted to assist in the diagnosis.

The labor ability appraisal committee at the districted city level shall make a labor ability appraisal conclusion within 60 days from the date of receipt of the labor ability appraisal application, and if necessary, the time limit for making a labor ability appraisal conclusion may be extended by 30 days. The conclusion of the labor ability appraisal shall be promptly sent to the units and individuals applying for the appraisal.

The title is unclear.

The employer, the employee, and the appraisal committee shall each have one original copy of the labor ability appraisal certificate. If the unit received the employee but did not receive it, it may be that the unit did not give it to you.

Either the results are yet to be released.

Judicial appraisal does not have legal effect, and it is recommended to apply for work-related injury identification and labor ability appraisal, and claim work-related injury insurance benefits according to the appraisal conclusion. The determination of work-related injury is an administrative confirmation by the social insurance administrative department in accordance with the authorization of the law whether an employee's injury (or occupational disease) due to an accident is a work-related injury or is regarded as a work-related injury. Labor ability appraisal is the basis and prerequisite for the labor appraisal agency to comprehensively assess the degree of disability and loss of working ability of the injured employee according to the national appraisal standards and the methods and means of relevant policies and medical science and technology after the worker is injured due to work.

If a worker is injured in a work-related accident, he or she shall first apply to the Human Resources and Social Security Bureau for a work-related injury determination, and the employer shall apply within 30 days of the accident. Trade unions, injured workers, or their close relatives submit an application for recognition within one year. To apply for work-related injury determination, you shall fill in the "Application Form for Work-related Injury Determination" and submit:

Proof of employment relationship with the employer, medical diagnosis certificate, etc. The national statutory provisions of the work-related injury labor ability appraisal agency, and the appraisal conclusion of the judicial appraisal agency has no legal effect. If there is a disability that affects the ability to work after the work-related injury is determined and the injury is relatively stable, an application shall be submitted to the labor ability appraisal committee of the city divided into districts (generally established in the human resources and social security bureau at the same level).

To apply for labor ability appraisal, you should fill in the "Application Form for Labor Ability Appraisal" and submit:

1. The original and photocopy of the Decision on Determination of Work-related Injury;

2. Valid diagnosis certificates, examination and inspection reports and other complete medical record materials copied or reproduced in accordance with the relevant regulations of medical record management of medical institutions;

3. The original and photocopy of the worker's resident ID card or social security card and other valid identity certificates;

4. Other materials specified by the Labor Ability Appraisal Committee. According to the appraisal conclusion, the work-related injury insurance benefits were asserted. Depending on the level of disability, the compensation received is different.

The main compensation is: medical expenses, one-time disability allowance, one-time employment allowance, one-time medical allowance, salary for the period of leave of absence, hospital meal allowance, nursing expenses, disability allowance, etc. In the event of a dispute with the employer over work-related injury insurance benefits, it is a labor dispute, and the employer applies to the labor dispute arbitration commission at the place where the employer is located or the place where the labor contract is performed for labor dispute arbitration, and the award takes legal effect after the arbitration award, and the employer fails to perform its obligations under the award and applies to the people's court for enforcement.

If the employee does not have an employment contract or other evidence to prove the existence of an employment relationship, and is unable to apply for a work-related injury determination, he or she may first apply for labor arbitration to confirm the existence of an employment relationship between the employee and the employer. After the existence of an employment relationship is confirmed by labor arbitration, an application for work-related injury determination is made.

Summary. According to the Labor Contract Law of the People's Republic of China, if the injured person does not have a work-related injury certificate, he or she can also file a work-related injury lawsuit. According to the relevant laws, the injured person shall, after being diagnosed by a medical institution, apply to the local labor and social security department for an appraisal with the medical certificate or other valid supporting materials.

If the application is unsuccessful, the parties may be required to make a judgment on whether there is a work-related injury through legal procedures in accordance with the provisions of the Civil Procedure Law of the People's Republic of China.

According to the provisions of the Labor Contract Law of the People's Republic of China, if the injured person does not have a work-related injury appraisal certificate, he can also file a work-related injury lawsuit. According to the relevant laws, the injured person shall, after being diagnosed by a medical institution, apply to the local labor and social security department for a diagnosis with the medical certificate or other valid supporting materials. If the application is unsuccessful, the parties may be required to make a judgment on whether there is a work-related injury through legal procedures in accordance with the provisions of the Civil Procedure Law of the People's Republic of China.

In addition, the injured person can also file a complaint of remorse with the local labor and social security department, asking it to form a mediation committee to mediate whether there is a work-related injury. If the injured person is not satisfied with the mediation result, he can also request the parties to make a judgment on whether there is a work-related injury through legal procedures in accordance with the provisions of the Civil Procedure Law of the People's Republic of China.

Summary. Hello, there is no work-related injury certificate to fight a work-related injury lawsuit. The work-related injury determination only serves as evidence in the litigation, so there is no work-related injury determination that can be filed with the court.

If the employer fails to submit an application for recognition of work-related injury within the prescribed time limit, the employer shall bear the relevant expenses incurred during this period of work-related injury benefits and other expenses that comply with the provisions of these Regulations.

Hello, there is no work-related injury certificate to fight a work-related injury lawsuit. The work-related injury certificate is only used as evidence in the lawsuit, so there is no work-related injury determination that a lawsuit can be filed with the court. If the employer fails to submit an application for recognition of work-related injury within the prescribed time limit, the employer shall bear the relevant expenses incurred during this period of time, such as the destruction of work-related injury benefits and other expenses incurred during this period.

Extended information: The following circumstances shall be recognized as work-related injuries:1

Injured in an accident during working hours and in the workplace due to work-related reasons. 2.Injured in an accident in the workplace before or after working hours, from a hail leak related to work-related preparatory or finishing work.

3.During working hours and in the workplace, those who are injured by violence or other accidents due to the performance of their duties and duties. 4.

Suffering from occupational diseases. 5.During the period of going out for work, the person is injured due to work reasons or the whereabouts of an accident are unknown.

6.On the way to and from work, they are injured in traffic accidents for which they are not primarily responsible, or accidents related to urban rail transit, Zihu passenger ferries, or trains. 7.

Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.

Legal basis: Article 17 of the Regulations on Work-related Injury Insurance stipulates that if a work unit or a self-employed person, relatives, friends, or trade union submits an application for work-related injury determination to the social security and human resources bureau where the unit is located, and the written reply of the social security bureau does not allow it, and there is evidence and the administrative decision is not violently enforced, it can only file a lawsuit with the people's court where the unit is located by virtue of the written reply of the social security bureau.

Legal analysis: Disability appraisal is not allowed without work-related injury identification, disability appraisal is to identify the degree of disability affecting the working ability of the injured employee, without the work-related injury identification, whether the work-related injury has not been legally confirmed, and the disability appraisal cannot be conducted.

Legal basis: Social Insurance Law of the People's Republic of China

Article 30 If an employee is injured in an accident or suffers from an occupational disease due to work-related reasons, and the work-related injury is determined, Qin Li shall enjoy work-related injury insurance benefits; Among them, those who have lost their ability to work after the appraisal of their labor ability shall enjoy disability benefits.

The determination of work-related injuries and the evaluation of labor ability shall be simple and convenient.

Article 37 If an employee is at work due to any of the following circumstances, it shall not be deemed to be a work-related injury:

1) Intentional crime;

2) Drunkenness or drug abuse;

3) self-harm or suicide;

4) Other circumstances provided for by laws and administrative regulations.

Disability appraisal is an appraisal of the degree to which the work-related injury affects the worker's ability to work, and without the determination of work-related injury, whether the work-related injury has not been legally confirmed, and the disability appraisal cannot be conducted.

1. Whether the appraisal of personal work-related injuries is time-sensitive.

After the work-related injury is identified, the disability appraisal time can be applied for after the injury is relatively stable, and there is no specified time, and the parties should pay attention to the statute of limitations for civil litigation. If 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, he or she shall be evaluated for his or her ability to work. One year after the conclusion of the labor ability appraisal is made, if the injured employee or his close relatives, his or her unit 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.

2. When is it appropriate to write a work-related injury appraisal in the labor law?

Under normal circumstances, the work-related injury and disability appraisal can be done immediately after the work-related injury is determined, but if the employee or the employer is dissatisfied with the work-related injury determination, or declares that it wants to go to the administrative reconsideration or administrative litigation, then it will have to wait for another 60 days. Generally speaking, the earlier the disability assessment is done, the more favorable the level of disability assessment for the worker and the more compensation he will receive.

3. Is it necessary to complete the injury before the injury can be appraised after being discharged from the hospital?

The time to apply for the appraisal of the working ability of the work-related injury is to apply for the appraisal of the ability to identify the work-related injury immediately after the injury is stabilized according to the ** situation. Under normal circumstances, the property change will be made immediately after the work-related injury is determined, but if the employee's injury is stable and not yet stable, then it is necessary to wait until the injury is stabilized and determined before applying. If the injury is not stable and the application for labor ability appraisal is made, either the labor judgment ability appraisal agency will not accept it, or the labor appraisal agency will not issue an appraisal conclusion.

When applying for disability appraisal, the company, the injured employee or his/her close relatives can apply for disability appraisal, and when applying for work-related injury appraisal, they should submit a decision to identify work-related injury, an application form for labor ability appraisal, and apply for appraisal to the labor ability appraisal committee of a city divided into districts.

Social Insurance Law of the People's Republic of China

Article 36 Where an employee is injured in an accident or suffers from an occupational disease due to work-related reasons, and the work-related injury is recognized, he or she shall enjoy work-related injury insurance benefits; Among them, those who lose their ability to work after the appraisal of their ability to work enjoy disability benefits.

The determination of work-related injuries and the evaluation of labor ability shall be simple and convenient.

Article 37 If an employee is at work due to any of the following circumstances, it shall not be deemed to be a work-related injury:

1) Intentional crime;

2) Drunkenness or drug abuse;

3) self-harm or suicide;

4) Other circumstances provided for by laws and administrative regulations.

Legal analysis: Disability appraisal is not allowed to be made without the determination of work-related injury, and disability appraisal is to identify the degree of disability affecting the working ability of the injured employee.

Legal basis: Social Insurance Law of the People's Republic of China

Article 36 Where an employee is injured in an accident or suffers from an occupational disease due to work-related reasons, and the work-related injury is recognized, he or she shall enjoy work-related injury insurance benefits; Among them, those who lose their ability to work after the appraisal of their ability to work enjoy disability benefits.

The determination of work-related injuries and the evaluation of labor ability shall be simple and convenient.

Article 37 If an employee is injured at work due to any of the following circumstances, it shall not be deemed to be a work-related injury

1) Intentional crime;

2) Drunkenness or drug abuse;

3) self-harm or suicide;

4) Other circumstances provided for by laws and administrative regulations.