Patients with occupational diseases seek help, and how to deal with occupational diseases

According to the requirements of the Law on the Prevention and Treatment of Occupational Diseases, the employer should provide you with pre-employment physical examination, on-the-job physical examination and off-the-job physical examination, which is its obligation;

It doesn't matter if you don't have a contract in the past few years, because you are a de facto labor relationship, and even if you are infected with the disease in other factories and mines, but because the current unit has not done a pre-job physical examination for you, it cannot put forward the legal basis for you to contract pneumoconiosis in other factories and mines, and the current unit must bear legal responsibility;

Now what you have to do is not to settle a claim, but to ask the employer to cooperate with your local hospital or CDC that is qualified to diagnose occupational diseases of pneumoconiosis for occupational disease diagnosis, if the employer does not cooperate, you can go to the local safety supervision department to report and denounce, this is the employer's obligation and your right (Note: the diagnosis of occupational disease is a conclusion issued by a medical institution with the qualification of occupational disease diagnosis, if the employer is not satisfied, the employer (not you) will present evidence to the occupational disease appraisal committee of the region, A number of occupational disease experts from the appraisal committee will conduct the final occupational disease appraisal based on the evidence and materials submitted by the employer);

The new Law on the Prevention and Treatment of Occupational Diseases requires that all evidence and materials be presented by the employer, so you only need to submit a request for the diagnosis of occupational diseases and follow the legal procedures without worrying about insufficient evidence.

After the diagnosis and identification is determined to be an occupational disease, the unit or the social security department should be based on the national work-related injury treatment and compensation, because pneumoconiosis may harm the rest of your life, therefore, it is best not to pay a lump sum, but to carry out the **** and job security as required, because you have an occupational disease, the law is not able to terminate the labor contract relationship with you, unless you are voluntary, you must be ** and employ you for life (without the premise of treatment and you do not agree).

There is only one life, and it is best not to only dwell on the cost of compensation, but to provide protection for the follow-up and healthy work and life in the future in accordance with legal procedures.

7.All expenses for diagnosis and appraisal of occupational diseases must be borne by the employer, and the expenses of suspected occupational disease patients during the period of diagnosis and medical observation shall also be borne by the employer. Moreover, in the diagnosis, examination, identification, and identification of occupational diseases, etc., are calculated according to normal attendance, and in the first period, work-related injury benefits should be enjoyed.

8.After being diagnosed with an occupational disease, in addition to the above benefits, you can also file a separate civil claim with the court, and the civil compensation will not affect your enjoyment of the above benefits.

Law of the People's Republic of China on the Prevention and Treatment of Occupational Diseases

Provisions on the Supervision and Administration of Occupational Health in the Workplace

Measures for the Supervision and Administration of Occupational Health Guardianship of Employers".

Administrative Measures for the Diagnosis and Appraisal of Occupational Diseases

Regulations on Work-related Injury Insurance

Guizhou Provincial Regulations on Work-related Injury Insurance

The best way is to go to a lawyer, he will figure it out for you, I told you you you you don't know what to do. But first of all, you should identify whether it is an occupational disease, if it is an occupational disease, (it is generally identified as an occupational disease, and it will be shortly lived.) Then directly ask the factory to lose money, and occupational diseases are generally above 30w.

If you don't pay compensation, you will go to court. Coal pneumoconiosis is a type of occupational disease. Ask the lawyer and he'll tell you.

Occupational diseases should be diagnosed and treated in a timely manner at an occupational disease diagnosis institution approved by the local health department. If there is any objection to the diagnosis conclusion, you can apply to the municipal health administrative department for occupational disease diagnosis and appraisal within 30 days, and if there are still objections after the appraisal, you can apply to the provincial health administrative department for re-appraisal within 15 days. The diagnosis and appraisal of occupational diseases shall be carried out in accordance with the Administrative Measures for the Diagnosis and Appraisal of Occupational Diseases.

If you are diagnosed with an occupational disease, you should apply for a disability level at the local Wang Jieyuan labor and social security department, and contact your unit to enjoy the treatment of occupational disease, compensation and so on in accordance with the law. If the employer fails to fulfill its obligation to compensate, the employee may file a complaint with the local labor and social security department or file a lawsuit with the people's court.

1. Identification process of occupational diseases.

1. The parties submit an application for appraisal and submit an application;

2. The appraisal office shall issue a notice of submission of occupational disease appraisal materials;

3. The worker shall truthfully submit the materials or written statements required for the evaluation of occupational diseases according to the notice of the diagnostic institution;

4. Pay the appraisal fee;

5. A notice of acceptance will be issued if the conditions for acceptance are met;

6. Draw appraisal experts, hold appraisal meetings, and conduct appraisals;

7. Issue the Occupational Disease Diagnosis and Appraisal.

If there is any objection to the diagnosis of an occupational disease, within 30 days from the date of receipt of the certificate of diagnosis of the occupational disease, an application may be made to the health administrative department of the city divided into districts where the medical and health institution made the diagnosis is located.

2. Is an occupational disease a work-related injury?

Occupational diseases are classified as work-related injuries.

Legal basis: Article 14 of the Regulations on Work-related Injury Insurance stipulates that an employee shall be deemed to have suffered a work-related injury if he or she has any of the following circumstances:

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

2) Employees are injured in accidents while engaged in work-related preparatory or finishing work in the workplace before or after working hours;

3) Employees are injured by violence or other accidents during working hours and in the workplace due to the performance of their duties and duties;

4) The employee suffers from an occupational disease;

5) During the period when the employee is out for work, he or she is injured due to work reasons or his whereabouts are unknown in an accident;

6) Employees are injured in traffic accidents for which they are not primarily responsible, or accidents involving urban rail transit, passenger ferries, or trains on the way to and from work.

It can be divided into three categories: symptomatic, symptomatic and supportive, with the aim of eliminating or reducing the material basis of pathogenesis as much as possible, and dealing with the mechanism of poison pathogenicity. Timely and reasonable symptomatic treatment is an important measure to alleviate the main symptoms caused by poisons and promote the recovery of body functions. Support** improves the patient's general condition, promoting**.

The purpose of symptomatic treatment is to protect the function of vital organs in the body, relieve pain, and promote the patient as soon as possible, sometimes saving the patient's life. Symptomatic treatment for common symptoms of chronic poisoning, such as neuroid, psychiatric symptoms, peripheral neuropathy, decreased autocytes, contact dermatitis, chronic liver and kidney disease, etc. Supporting**proper nutrition and rest also helps the patient**.