Occupational disease appraisal help, for the handling of occupational disease appraisal disputes

Go to a hospital approved by the Health Bureau with occupational disease identification and medical qualifications, and go to the occupational disease department for a professional examination.

Summary. Hello <>

Occupational disease identification is a procedure and process to determine the relationship between occupational diseases and occupations through examination, medical diagnosis and evaluation of occupational disease patients. In China, the identification of occupational diseases is regulated by the relevant laws and regulations on the prevention, identification and treatment of occupational diseases. <>

Identification of occupational diseases.

Hello [give you a clear finger and be careful], occupational disease identification is a kind of stimulation procedure and process to determine the relationship between occupational disease and occupation through the examination, medical diagnosis and evaluation of occupational disease patients. In China, the identification of occupational diseases is regulated by the relevant laws and regulations on the prevention, identification and treatment of occupational diseases. <>

In addition, in accordance with the Law of the People's Republic of China on the Prevention and Treatment of Occupational Diseases and the Diagnostic Standards for Occupational Diseases and other laws and regulations, the appraisal of occupational diseases shall be carried out by occupational disease physicians with corresponding qualifications and who have passed the training and assessment, and the labor health technical service and training department and other units. The appraisal results mainly include whether it is an occupational disease, the diagnosis and identification time of the occupational disease, etc., and the middle limb of the patient who is confirmed to be an occupational disease will be granted corresponding medical assistance, work-related injury compensation and other rights and interests. <>

Dear, is there anything else you don't understand? You can also tell us more about your situation, and I will answer for you. <>

Hello, I am a coal miner because I was diagnosed with asthma in the hospital, is this an occupational disease? Qing asked to go to the Occupational Disease Appraisal Center for an asthma examination, and the Occupational Disease Appraisal Center said that he could not do an asthma examination, so he asked him to go to a local tertiary hospital for an asthma examination, and the result of the examination was asthma, is asthma an occupational disease?

Asthma falls under the category of occupational diseases.

According to the provisions of the Law on the Prevention and Control of Occupational Diseases, occupational diseases are diseases caused by exposure to harmful factors at work. There are many harmful factors in the working environment of coal mines, such as coal dust, sulfur dioxide, carbon monoxide, etc., which generally cause asthma. Therefore, your asthma can be recognized as an occupational disease.

But what if the Occupational Disease Appraisal Center says that asthma is not within the scope of occupational diseases?

You can provide the Occupational Disease Appraisal Center with proof of the results of the hospital examination, and you can negotiate and resolve the decision after the letter is delayed. If the Occupational Disease Appraisal Center still refuses to make a determination, it may file an administrative lawsuit and request the Occupational Disease Appraisal Center to re-evaluate.

What should I do if the Occupational Disease Appraisal Center says that asthma is not an occupational disease in coal mines?

You can file a complaint with the local labor and social security department and ask them to investigate whether there are any violations and prevent the recurrence of the refusal of the Occupational Disease Appraisal Center.

If an occupational disease is diagnosed, the employer shall submit an application for determination of work-related injury to the social insurance administrative department within 30 days. After the identification, the labor ability appraisal is done, and the labor ability appraisal is generally made within 60 days, and the complex one can be extended by 30 days. The specific time depends on the declaration time, identification time, and appraisal time of the employer, the employee, the social insurance administrative department, and the labor ability appraisal committee, and no approximate answer can be given.

Article 17 of the Regulations on Work-related Injury Insurance If an employee is injured in an accident or is diagnosed or appraised as an occupational disease in accordance with the laws and regulations on the prevention and treatment of occupational diseases, the unit to which he belongs shall, within 30 days from the date of occurrence of the accident injury or the date of diagnosis or appraisal of an occupational disease, submit an application for recognition of work-related injury to the social insurance administrative department of the coordinating area. In case of special circumstances, the time limit for application may be appropriately extended with the consent of the social insurance administrative department. If the employer fails to submit an application for recognition of work-related injury in accordance with the provisions of the preceding paragraph, the injured employee or his close relatives or trade union organization may, within one year from the date of occurrence of the accident injury or the date of diagnosis or appraisal of an occupational disease, directly submit an application for recognition of work-related injury to the social insurance administrative department of the co-ordinating area where the employer is located.

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 appraisal of working ability shall be promptly sent to the units and individuals applying for the appraisal The above is about how long it takes for the appraisal of occupational diseases to be available.

1. What should I do if there is a dispute in the process of diagnosis and identification?

When diagnosing an occupational disease, an occupational disease diagnosis institution shall notify the employer to which the worker belongs in writing to provide the prescribed information on the diagnosis of the occupational disease that it has mastered, and the employer shall truthfully provide it within 10 days after receiving the notice.

If the employer fails to provide the materials required for the diagnosis of occupational diseases within the prescribed time, the occupational disease diagnosis institution may request the production safety supervision and management department to supervise and urge the employer to provide such information in accordance with the law.

2. How to deal with objections in the process of diagnosis and appraisal.

If a worker has any objection to the information provided by the employer, such as the test results of occupational disease hazards in the workplace, or if the worker's employer is dissolved or bankrupt, and the employer is unable to provide the above-mentioned information, the occupational disease diagnosis institution shall submit it to the work safety supervision and management department where the employer is located for investigation in accordance with the law.

Occupational disease diagnosis institutions shall suspend the diagnosis of occupational diseases before the work safety supervision and management department makes an investigation conclusion or judgment.

If the parties have objections to the conclusion of the diagnosis of occupational diseases made by the occupational disease diagnosis institution, they may apply to the health administrative department of the districted city level where the occupational disease diagnosis institution is located for appraisal within 30 days from the date of receipt of the occupational disease diagnosis certificate.

If the party concerned is dissatisfied with the conclusion of the appraisal of occupational diseases at the municipal level divided into districts, he may, within 15 days from the date of receipt of the appraisal letter, apply to the provincial health and non-rented car administrative department where the original appraisal organization is located for re-appraisal.

3. Occupational disease identification process.

1) the composition of the expert group;

2) identification time;

3) the data used in the identification;

4) Statements and opinions of appraisal experts;

5) Voting;

6) The appraisal conclusion signed by the appraisal expert;

7) Other materials related to identification.

After the appraisal is completed, the appraisal records shall be archived by the occupational disease appraisal office together with the occupational disease appraisal certificate and kept permanently.

According to the relevant provisions of the Law on the Prevention and Treatment of Occupational Diseases, the procedures for the identification of occupational diseases are as follows:

1. The applicant party shall submit an appraisal application to the ** health administrative department where the medical and health institution that made the diagnosis and bending socks is located The materials to be provided for the appraisal application include: appraisal application, occupational disease diagnosis medical records, diagnosis certificates, and other materials required by the appraisal committee

2. After receiving the appraisal application of the party, the examination and appraisal office shall review the information related to the appraisal provided by it to see whether the relevant materials are complete and effective The occupational disease diagnosis and appraisal office shall complete the review of the materials within 10 days from the date of receipt of the application materials, and issue a notice of acceptance to those with complete materials; If the materials are incomplete, notify the parties to supplement them, and if necessary, a third party will conduct a physical examination of the patient or extract relevant on-site evidence The parties shall cooperate in accordance with the requirements of the appraisal committee

3. The experts who participate in the diagnosis and appraisal of occupational diseases shall be determined by the party applying for appraisal by random selection from the expert database under the auspices of the occupational disease diagnosis and appraisal office, and the parties may also entrust the occupational disease diagnosis and appraisal office to select experts to form an occupational disease appraisal committee, and the appraisal committee shall make an appraisal conclusion through reviewing the appraisal materials and making a comprehensive analysis When the appraisal opinions are inconsistent, they shall be noted

4. The content of the appraisal shall include: the occupational contact history of the person being appraised; general information such as workplace monitoring data and relevant inspection data; The main disputes between the parties over the diagnosis of occupational diseases, as well as the appraisal conclusion and appraisal time, must be signed by all members participating in the appraisal and stamped with the official seal of the appraisal committee

5. If the parties concerned have objections to the diagnosis of occupational diseases, they may apply for appraisal to the health administrative department of the city divided into districts where the medical and health institution made the diagnosis is located within 30 days from the date of receipt of the certificate of diagnosis of occupational disease. The Occupational Disease Diagnosis and Appraisal Committee organized by the health administrative department of the city divided into districts shall be responsible for the first appraisal of occupational disease diagnosis disputes. If the party concerned is not satisfied with the appraisal conclusion of the Occupational Disease Diagnosis and Appraisal Committee of the city divided into districts, he or she may, within 15 days from the date of receipt of the occupational disease diagnosis and appraisal report, apply to the provincial health administrative department where the original appraisal institution is located for re-appraisal.

6. Precautions: The appraisal of the Provincial Occupational Disease Diagnosis and Appraisal Committee is the final appraisal. The results of the appraisal of occupational diseases are related to the compensation of employees, and I hope you must treat them carefully.