Is it a work related injury? What is an old work injury

Procedures for determining work-related injuries and compensation for workers' injuries.

1. To apply to the Human Resources and Social Security Bureau (formerly the Labor Bureau) for work-related injury identification, the company needs to report within one month of the accident, if the company does not apply, the injured employee or his close relatives shall apply for recognition within one year. Materials to be submitted: application form for work-related injury determination (**generally ** from the Labor Bureau), proof of labor relationship with the employer, medical diagnosis certificate, etc.;

2. If there is a disability that affects the ability to work after the injury is relatively stable, the applicant shall apply for labor ability appraisal and submit an application 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);

3. The compensation standards are different from province to province. Depending on the level of disability, the compensation received is not the same. The main compensation is:

Medical expenses, one-time disability allowance, one-time disability employment subsidy, one-time medical subsidy for work-related injuries, wages during the period of leave of absence, food allowance, nursing expenses, etc.

4. If you do not have a labor contract or other evidence to prove the existence of an employment relationship, and cannot apply for a work-related injury determination, you can first apply for labor arbitration to confirm the existence of an employment relationship between you and the employer. After the existence of an employment relationship is confirmed by labor arbitration, an application for work-related injury determination is made.

I don't understand what your question means

In the practice of work-related injury insurance, it is generally understood that the work-related injuries that occurred before the implementation of the Trial Measures for Work-related Injury Insurance for Employees of Enterprises on October 1, 1996 are collectively referred to as "old work-related injuries".In fact, there is a bias in this understanding. In the author's opinion, it is precisely this term that has led to the division of "new" and "old" work-related injuries, which in turn has led to controversy over the application of work-related injury policies.

The normative definition of "old work-related injury" should be "work-related injury personnel who are not included in the work-related injury insurance pool", which means that not only before October 1, 1996, but also after the "Work-related Injury Insurance Regulations" came into effect on January 1, 2004, because the employer did not participate in the work-related injury insurance, the personnel who cannot obtain relevant benefits from the work-related injury insurance** after the work-related injury occurs** can be called "old work-related injuries".

Prior to the implementation of the Regulations on Work-related Injury Insurance on December 31, 2003, work-related injuries can be referred to as old work-related injuries.

It is calculated according to the declared salary, and the normal unit should declare the due salary (before deducting taxes), and if the declared salary is higher than 300%, it will be calculated at 300%.

Regulations on Work-related Injury Insurance

Article 64 The term "total wages" as used in these Regulations refers to the total amount of labor remuneration paid directly by an employer to all employees of the unit.

For the purposes of these Regulations, the term "personal wages" refers to the average monthly wages paid by injured employees in the 12 months prior to the injury caused by accidents or occupational diseases caused by work. If the salary is higher than 300% of the average salary of employees in the overall planning area, it shall be calculated according to 300% of the average salary of employees in the overall planning area; If the salary of the employee is lower than 60% of the average salary of employees in the overall planning area, it shall be calculated according to 60% of the average salary of employees in the overall planning area.

In any of the following circumstances, it shall be found to be a work-related injury:

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) Being injured in a motor vehicle accident while commuting to or from work;

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