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If an employee is poisoned and deaf due to serious noise in the working environment, he or she shall apply to the occupational disease appraisal center where the employer is located
Article 14 An employee shall be deemed to have suffered a work-related injury under any of the following circumstances:
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 occupational diseases;
5) Injured or unaccounted for in an accident while away for work;
6) Injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train for which they are not primarily responsible;
7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.
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You should first apply for occupational disease identification, and only after you are diagnosed with an occupational disease can you apply for work-related injury identification; The following materials shall be submitted to submit an application for work-related injury determination: (1) an application form for work-related injury determination; (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.
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You can apply for an occupational disease appraisal. Only with the results of the occupational disease appraisal can the work-related injury be applied.
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Yes, you need to do an appraisal and issue relevant supporting documents first.
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Our society always needs someone to sacrifice themselves to engage in dangerous work to ensure the safety of most people, for example, people who are engaged in noise work are extremely prone to ear damage or even deafness. So, how many times does it take to identify a deaf work-related injury?
1. How many times does it take to identify a deaf work-related injury?
The disability level of work-related accidents (labor ability appraisal) is determined according to the standard of GB T16180-2014 "Labor Ability Appraisal of Disability Levels of Employees Caused by Work-related Injuries and Occupational Diseases". The national standard for work-related injury appraisal is divided into 10 levels. Among them, those who meet the criteria of grades 1 to 4 are completely incapacitated, those who meet the criteria of grades 5 to 6 are mostly incapacitated, and those who meet the criteria of grades 7 to 10 are partially incapacitated.
This level is the legal standard for the enjoyment of compensation and related benefits for industrial accidents.
The appraisal of labor ability (work-related injury disability assessment) is mainly based on the diagnosis of work-related injury and the situation of the work-related injury, and in accordance with the relevant provisions of the "Disability Rating of Work-related Injuries and Occupational Diseases of Employees in the Appraisal of Labor Ability" GB T16180-2014. According to the "Regulations on Work-related Injury Insurance" and other provisions, in principle, it is necessary to terminate the application before applying for labor ability appraisal. Deafness to do work-related injury labor ability appraisal, if the ** has ended, you can immediately apply for labor ability appraisal (commonly known as disability appraisal), which has a result within two months from the date of submission of application materials.
In principle, the grade can be determined only by a notice from the Labor Ability Appraisal Committee, and a single examination at a designated hospital or other institution within a specified period of time.
Article 21.
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, an appraisal of his or her ability to work shall be conducted.
Article 22.
Labor ability appraisal refers to the grading appraisal of the degree of labor dysfunction and the degree of self-care impairment.
There are 10 levels of disability for labor dysfunction, with the most severe being level 1 and the least being level 10.
There are three levels of self-care disorders: complete inability to take care of oneself, inability to take care of oneself most of one's life, and partial inability to take care of oneself in life.
The standards for the appraisal of labor ability shall be formulated by the social insurance administrative department in conjunction with the health administrative department and other departments.
Article 23.
The employer, the injured employee or his or her close relatives shall submit an application to the labor ability appraisal committee at the districted city level, and provide relevant materials on the determination of the work-related injury and the medical treatment of the work-related injury.
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According to the Regulations on Work-related Injury Insurance, occupational diseases are considered work-related injuries and can be compensated.
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1.First of all, it is necessary to apply to the local labor department for work-related injury recognition, which is the premise of all problems, without applying for work-related injury identification, it is impossible to obtain compensation through work-related injury, if the employer does not apply, the individual employee must apply within one year from the date of injury;
2.If the injury is determined to be work-related injury, after obtaining the work-related injury determination decision issued by the labor department, the medical expenses shall be paid in full by the employer, and the wages during the period of suspension of work (work-related injury **, **) shall be paid according to the original treatment. If nursing care is required during the suspension period, the unit shall be responsible, and the food allowance during the hospitalization shall be paid according to the standard of the place where the injured employee is located;
3.After the injury is stabilized, you can apply for a labor ability appraisal to identify the level of work-related injury, and then calculate the amount of disability compensation according to the level of disability;
4.If the employer fails to fulfill the above obligations, the injured employee can file a complaint with the local labor inspection brigade or directly go to the labor arbitration commission to apply for arbitration to protect his or her legitimate rights and interests.
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Ask, oh, oh, how much can I pay.
Hello, according to the question you asked, first apply for work-related injury identification, after being identified as a work-related injury, generally speaking, work-related injury compensation includes medical expenses, hospital meal subsidies, **** fees, assistive device fees, wages during the period of suspension of work, living care expenses, one-time disability subsidies, one-time disability employment subsidies and one-time work-related injury medical subsidies.
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Hello, you can ask the employer to bear the liability for work-related injury compensation.
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Hearing loss or impairment must be diagnosed as an occupational disease before it can be recognized as a work-related injury. The main question is to go to the designated occupational disease diagnosis institution for occupational disease diagnosis, and then go to the occupational disease prevention and control hospital or center for consultation. Occupational disease diagnosis needs to look at your work history, medical history, occupational medical history, occupational disease hazard factors, etc., and needs to be carried out together with the company.
After the diagnosis certificate is issued, if you or the enterprise have any objection to the diagnosis result, you can apply for appraisal at the municipal health administrative department where the diagnosis institution is located. If there are still objections to the appraisal conclusion, they may apply to the local provincial health administrative department for re-appraisal, and the re-appraisal shall be the final appraisal. The diagnosis, identification, and re-identification are difficult, complex, and time-consuming, so identifying occupational diseases is not as simple as imagined.
With a medical certificate or appraisal certificate recognized by both you and the company, you can carry out work-related injury identification, and enjoy work-related injury benefits after being recognized as a work-related injury. First of all, but hearing loss is irreversible, that is, there is nothing to do, and there is no work stoppage, most of them only need to be transferred from the noise post, that is, there is no **fee, and there is no work-related injury leave. The next step is to do a work ability assessment to see the degree of hearing impairment to determine the level of disability achieved.
If you are rated to the grade, you will be compensated, and if you can't be rated, you will have nothing, and you will work in vain!
The above is just a brief introduction to the occupational disease identification and work-related injury procedures, and the actual operation can require a lot of materials, and a procedure needs to be run back and forth many times. The diagnosis of occupational pathology should be rigorous in order to draw fair and scientific conclusions, so there are many uncertain factors such as whether it can be recognized as an occupational disease and whether the occupational disease is related to the in-service enterprise.
Therefore, before considering the occupational disease procedure, it is best to consult the opinions of the occupational disease diagnosis institution, and the first thing to determine is not whether it is an occupational disease, but also to make a preliminary assessment of whether there is a chance to evaluate the disability level. If the doctor's opinion is not very likely, then the subject should be cautious, and if you can't rate it, it's a blind toss. If the doctor's opinion is likely or likely to be greater, then it is worth going through the occupational disease procedure.
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In accordance with the Regulations on Work-related Injury Insurance
Determination of work-related injuries. Article 14 An employee shall be deemed to have suffered a work-related injury under any of the following circumstances:
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 occupational diseases;
5) Injured or unaccounted for in an accident while away for work;
6) Injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train for which they are not primarily responsible;
7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.
Article 15 An employee shall be deemed to have suffered a work-related injury under any of the following circumstances:
(1) Death from a sudden illness during working hours and at work, or death within 48 hours after rescue efforts failed;
2) Suffering harm in emergency rescue and disaster relief or other activities to preserve national or public interests;
3) Employees who previously 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.
According to the above provisions, sudden deafness, if it is related to the work-related injury environment, should first apply for occupational disease diagnosis, which is generally under the jurisdiction of the Center for Disease Control and Prevention of the Health and Family Planning Commission (Health Bureau).
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First of all, to diagnose the cause of deafness, and then go to the forensic laboratory for work-related injury identification, if the deafness is indeed caused by noise, of course, it is a work-related injury. I hope my answer can help you.
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