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1. When the location of the employer is inconsistent with the place where the accident occurred, the injured employee has the right to choose to have the work-related injury recognized at the place where the accident occurred, or the place where the employer is located.
2. If the employer has paid work-related injury insurance for the injured employee, then it is recommended that you go to the place where the employer is insured and apply for recognition of work-related injury by the Human Resources and Social Security Bureau.
Article 17 of the Regulations on Work-related Injury Insurance stipulates that an employer shall apply for a work-related injury determination within 30 days after the accident injury occurs or the diagnosis of an occupational disease, and if the employer fails to submit an application for work-related injury recognition within the above-mentioned time, the injured employee or his close relatives and trade union organizations shall have the right to submit an application for work-related injury recognition to the social insurance administrative department within 31 days to one year after the occurrence of the work-related injury.
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According to Article 7 of the Opinions of the Ministry of Human Resources and Social Security on Several Issues Concerning the Implementation (II), if an employer pays work-related injury insurance to an employee, the work-related injury shall be determined by the place where the employee participates; If the employer fails to pay work-related injury insurance to its employees, it may make a work-related injury determination at the place of production and operation.
7. If the place of registration of the employer and the place of production and operation are not in the same overall planning area, in principle, it shall participate in work-related injury insurance for its employees in the place of registration; Employees who have not participated in work-related injury insurance in the place of registration may be insured by the employer in the place of production and business operation.
Labor dispatch entities that dispatch workers across regions shall participate in work-related injury insurance in accordance with the Interim Provisions on Labor Dispatch. If the construction enterprise participates in the insurance according to the project, it shall participate in the work-related injury insurance at the location of the construction project.
After an employee is injured in an accident or suffers from an occupational disease, he or she shall be identified for work-related injury and work ability appraisal in the place of insurance, and shall enjoy work-related injury insurance benefits in accordance with the provisions of the place of insurance; Employees who have not participated in work-related injury insurance shall be identified for work-related injuries and assessed their working ability at the place of production and operation, and the employer shall pay work-related injury insurance benefits in accordance with the provisions of the place of production and business operation.
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No, there are two situations: First, when the location of the employer is inconsistent, the injured employee has the right to choose to determine the work-related injury at the place where the accident occurred, or to choose the location of the employer to determine the work-related injury. 2. If the employer has paid work-related injury insurance for the injured employee, then it is recommended that you go to the place where the employer is insured and apply for recognition of work-related injury by the Human Resources and Social Security Bureau.
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The industry and commerce decided to go to the place where the accident occurred.
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It's troublesome to judge, write the experience, take pictures, etc. Do a good job of on-site protection and take pictures in the early stage. That's it, I had to go to the scene if I didn't have it at that time.
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Legal Analysis: The determination of work-related injuries does not have to be at the place where the accident occurred. 1. When the employer is absent from the place where the accident occurred and the place where the accident occurred, the injured employee has the right to choose to have the work-related injury recognized at the place where the accident occurred, or the place where the employer is located.
Second, if the employer has paid work-related injury insurance for the injured employee, then it is recommended that you go to the place where the employer is insured and apply for recognition of Sun Feng's work-related injury by the Human Resources and Social Security Bureau.
Legal basis: Article 17 of the Regulations of the People's Republic of China on Work-related Injury Insurance stipulates that an employer shall apply for a work-related injury determination within 30 days after the accident injury occurs or an occupational disease is diagnosed.
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Legal basis: Article 17 of the Regulations on Work-related Injury Insurance stipulates that if an employee is injured in an accident or is diagnosed or identified as an occupational disease in accordance with the provisions of the Law on the Prevention and Control of Occupational Diseases, the unit to which he belongs shall be instructed to submit an application for work-related injury recognition to the social insurance administrative department of the coordinating area within 30 days from the date of the accident injury or the date of diagnosis or appraisal of the occupational disease.
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 coordinating area where the employer is located.
Matters that shall be determined by the provincial-level social insurance administrative department in accordance with the provisions of the first paragraph of this Article shall be handled by the social insurance administrative department at the districted-city level where the employer is located in accordance with the principle of territoriality.
If the employer fails to submit an application for determination of work-related injury within the time limit specified in the first paragraph of this Article, the employer shall bear the relevant expenses such as work-related injury benefits incurred during this period that are in accordance with the provisions of these Regulations.
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