If I am injured at work in the factory, can I get my inpatient medical records back after being disc

Article 10 of the Regulations on the Management of Medical Records of Medical Institutions In principle, patients are responsible for keeping outpatient (emergency) medical records. Where a medical institution has established an outpatient (emergency) medical record archive or has established an outpatient (emergency) electronic medical record, with the consent of the patient or his or her legally-designated person, the medical institution may be responsible for keeping the outpatient (emergency) medical records.

Inpatient medical records are kept by medical institutions.

Article 11: Where outpatient (emergency) medical records are kept by patients, the medical establishments shall promptly hand over the results of the examination and testing to the patients for safekeeping.

Article 12: Where outpatient (emergency) medical records are kept by medical establishments, the medical establishments shall, within 24 hours of receiving the results of the examinations, classify or enter the results of the examinations into the outpatient (emergency) medical records, and file the outpatient (emergency) medical records within the first working day after the completion of each diagnosis and treatment activity.

Article 13 During the period of hospitalization, the inpatient medical records shall be kept by the ward. When it is necessary to take inpatient medical records out of the ward due to medical activities or work needs, the designated personnel of the ward shall be responsible for carrying and keeping them.

Medical establishments shall enter or enter inpatient medical records within 24 hours of receiving the results of inpatient examinations and relevant materials.

After the patient is discharged from the hospital, the inpatient medical records shall be kept and managed by the medical record management department or full-time (part-time) personnel.

Article 14: Medical establishments shall strictly manage medical records, and no one may arbitrarily alter medical records, and it is strictly forbidden to fabricate, conceal, destroy, snatch, or steal medical records.

First of all, you can take the inpatient medical records yourself, but the invoice will definitely not be given to you. In addition, it is useless to hold the original medical records yourself, and it is recommended to give it to the person in charge of the enterprise, lest the company think that you want to do something, but it is not good, you just have a copy of the medical record.

The medical records can be kept temporarily by oneself and the unit, and when there is a disability to apply for labor ability appraisal, it needs to be submitted to the labor ability appraisal committee. However, the discharge certificate shall be submitted to the unit, and the unit shall determine the period of suspension of work with pay according to the time of admission and discharge of the discharge certificate and the time recommended by the physician to continue to recuperate.

What can be considered a work-related injury?

If an employee is injured, disabled, or dies due to the following circumstances, it shall be deemed to be a work-related injury:

1) Engaged in the daily production and work of the unit or the work temporarily designated by the person in charge of the unit. In an emergency, engaging in work that is directly related to the unit's major interests, even though it has not been designated by the responsible person of the unit;

2) Engaging in scientific experiments, inventions, and technological improvements related to the unit with the arrangement or consent of the person in charge of the unit;

3) Occupational diseases caused by exposure to occupational harmful factors in the production and working environment;

4) Accidental injury caused by unsafe factors during the production time and area;

5) Personal injury caused by the performance of duties;

6) Engaging in activities to safeguard the interests of the state, society, and the public, such as emergency rescue, disaster relief, and human rescue;

7) Soldiers who are disabled in the line of duty or because of war are demobilized and transferred to enterprises;

8) During the period of going out on business, due to work reasons, the injury or disappearance caused by traffic accidents or other accidents, or the death caused by sudden illness or the loss of working ability after the first rescue**;

9) On the specified time and necessary route to and from work, there is a road traffic motor vehicle accident for which there is no personal responsibility or no primary responsibility;

10) Other circumstances stipulated by laws and regulations.

Legal basis

Article 18 of the Regulations on Work-related Injury Insurance.

The following materials shall be submitted to submit an application for determination of work-related injury:

1) Application form for determination of work-related injury;

2) Proof of the existence of an employment relationship (including a de facto employment relationship) with the employer;

3) Medical diagnosis certificate or occupational disease diagnosis certificate (or occupational disease diagnosis and appraisal certificate).

The application form for determination of work-related injury shall include basic information such as the time, place, and cause of the accident, as well as the degree of injury of the employee.

Where the materials provided by the applicant for work-related injury determination are incomplete, the social insurance administrative department shall inform the applicant of all the materials that need to be supplemented and corrected in writing at one time. After the applicant requests to supplement and correct the materials in accordance with the written notice, the social insurance administrative department shall accept it.

Article 33 of the Regulations on Work-related Injury Insurance.

If an employee is injured in an accident or suffers from an occupational disease due to work 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 or herself needs to be taken care of during the period of suspension of work with pay, the unit to which he or she belongs shall be responsible.

Legal Analysis: The case is attributed to the injured.

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

Article 38 The following expenses incurred due to work-related injuries shall be paid from work-related injury insurance** in accordance with the provisions of the State:

1) Medical expenses and expenses for work-related injuries;

2) Hospitalization meal subsidy;

3) Transportation and accommodation expenses for medical treatment outside the overall planning area;

4) The cost of installing and configuring assistive devices for the disabled;

5) Those who are unable to take care of themselves shall be cleared of the living care expenses confirmed by the Labor Ability Appraisal Committee;

6) A one-time disability subsidy and a monthly disability allowance for disabled employees with grades 1 to 4;

In the seventh draft), a one-time medical subsidy shall be enjoyed when the labor contract is terminated or dissolved;

8) In the event of a work-related death, the funeral allowance, the pension for dependent relatives and the work-related death allowance received by the surviving family members;

9) Labor ability appraisal fee.

Article 39 The following expenses incurred as a result of work-related injuries shall be paid by the employer in accordance with the provisions of the State:

1) Wages and benefits during the work-related injury;

2) The monthly disability allowance received by the disabled employees of the fifth and sixth grades;

3) A one-time disability employment subsidy that shall be enjoyed when the labor contract is terminated or dissolved.

Article 41 Where an employee's employer fails to pay work-related injury insurance premiums in accordance with law, and a work-related injury accident occurs, the employer shall pay work-related injury insurance benefits. If the employer does not pay, it shall be paid in advance from the work-related injury insurance**.

The work-related injury insurance benefits paid in advance from the work-related injury insurance** shall be reimbursed by the employer. If the employer fails to repay, the social insurance agency may recover compensation in accordance with the provisions of Article 63 of this Law.