What is the determination of work related injury and what is the basis for the determination of work

These five situations should be recognized as work-related injuries.

The determination of work-related injury is an administrative confirmation act by the labor administrative department to give a qualitative administrative confirmation to whether an employee's injury (or occupational disease) due to an accident is a work-related injury or is regarded as a work-related injury in accordance with the authorization of the law. A qualitative act of a worker who infringes on his or her person due to improper operation or other reasons in the course of work or deemed work, and conducts a qualitative act in order to identify the subject of the infringement. According to the relevant regulations of our country, it is generally confirmed by the labor administrative department.

Units and individuals applying for work-related injury appraisal must provide:

Application Form for Determination of Work-related Injury;

A copy of the injured worker's ID card;

A copy of the labor contract or other valid proof of the establishment of the labor relationship;

A copy of the post-injury diagnosis certificate or occupational disease diagnosis certificate (or occupational disease diagnosis and appraisal certificate) issued by the medical institution and the first ** medical record.

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 labor and social security administrative department shall inform the applicant of all the materials that need to be completed in writing at one time. After the applicant completes the materials in accordance with the written notice, the labor and social security administrative department shall accept the application.

The law stipulates the Regulations on Work-related Injury Insurance

Article 17 If an employee is injured in an accident or is diagnosed or appraised as an occupational disease in accordance with the provisions of the Law 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 region. 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 an 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 comply with the provisions of these Regulations.

Article 18 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.

Hospitals linked to the Labor Bureau issue disability level appraisals for staff.

The basis for the determination of work-related injuries is as follows:

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.

[Legal basis].

Article 14 of the Regulations on Work-related Injury Insurance shall be deemed to be a work-related injury if an employee has any of the following circumstances:

1) Being injured in an accident during working hours and in the workplace due to work-related reasons;

2) Before and after working hours, engaged in work-related preparatory or finishing work in the Gongtong Detention Site and was injured by an accident;

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.

Legal analysis: The determination of work-related injury is an administrative confirmation act by the labor administrative department in accordance with the authorization of the law to determine whether an employee's injury (or occupational disease) due to an accident is a work-related injury or is regarded as a work-related injury.

Legal basis: Regulations on Work-related Injury Insurance

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 30 Employees who are injured in accidents or suffer from occupational diseases due to work are entitled to medical treatment for work-related injuries.

Employees who are injured at work shall seek medical treatment in a medical institution that has signed a service agreement, and in case of emergency, they can first go to the nearest medical institution for first aid.

**If the expenses required for work-related injuries meet the requirements of work-related injury insurance diagnosis and treatment items, work-related injury insurance drug lists, and work-related injury insurance hospitalization service standards, they shall be paid from work-related injury insurance**. The catalogue of work-related injury insurance diagnosis and treatment items, the catalogue of work-related injury insurance drugs, and the hospitalization service standards of work-related injury insurance shall be prescribed by the social insurance administrative department in conjunction with the health administrative department, the food and drug supervision and administration department and other departments.

The food subsidy for the work-related injury of the employee in the hospital, as well as the transportation, accommodation and transportation expenses required for the injured employee to seek medical treatment outside the co-ordination area shall be paid from the work-related injury insurance** upon the certificate issued by the medical institution and approved by the handling agency, and the specific standard for payment shall be stipulated by the people in the co-ordination area**.

Injured employees are not entitled to medical treatment for work-related injuries and shall be dealt with in accordance with the basic medical insurance measures.

If the work-related injury employee goes to the medical institution that has signed the service agreement to carry out the work-related injury**, if it meets the requirements, it shall be paid from the work-related injury insurance**.

Legal analysis: The circumstances of work-related injuries include: 1. Injuries caused by accidents in the workplace during the time of bad work; 2. Injured in an accident in the workplace before and after working hours, while carrying out work-related preparations or finishing work; 3. Accidental injury during working hours and in the workplace due to the performance of work duties; 4. Suffering from occupational diseases; 5. During the period of going out for work, the person who is injured at work or has an accident that is missing; 6. On the way to and from work, suffer".

Application for Recognition of Work-related Injury at the Human Resources and Social Security Bureau Regulations on Work-related Injury Insurance Article 14 An employee shall be deemed to have suffered a work-related injury under any of the following circumstances: 1) 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 for which they are not primarily responsible, or an accident involving urban rail transit, passenger ferry, or a train while commuting to or from work; 7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.