Regarding the determination of work related injuries, is it possible to be recognized as work relate

It must comply with the legal provisions for determining work-related injuries and fall within the scope of work-related injuries. If there is sufficient evidence to prove that it falls under one of the following circumstances, there is no problem in determining that there is no problem with the work-related injury.

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 15 An employee shall be deemed to have suffered a work-related injury under any of the following circumstances:

1) Died of a sudden illness during working hours and at work, or died within 48 hours after rescue efforts failed;

2) Suffering harm in emergency rescue and disaster relief or other activities to preserve national or public interests;

3) Employees who previously served in the army, were disabled due to war or duty injuries, and have obtained the certificate of revolutionary disabled soldiers, and were injured after arriving at the employer.

Where employees have any of the circumstances in items (1) or (2) of the preceding paragraph, they shall enjoy work-related injury insurance benefits in accordance with the relevant provisions of these Regulations; Employees who have the circumstances in item (3) of the preceding paragraph shall enjoy work-related injury insurance benefits other than a one-time disability subsidy in accordance with the relevant provisions of these Regulations.

1.There is a de facto work-related injury (refer to Article 1 of the Regulations on Work-related Injury Insurance.

Ten. 4.15).

2.Hospitalization certificate or diagnosis certificate from the hospital.

3.Labor contract or proof of the existence of labor relationship.

4.Proof of co-worker.

Go to the Social Security Unit of the Labor Bureau to get an application for recognition of work-related injury.

The following circumstances shall be recognized as work-related injuries: 1. Injured in an accident due to work-related reasons during working hours and in the workplace; 2. Being injured in an accident while engaging in work-related preparatory or finishing work in the workplace before or after working hours; 3. During working hours and in the workplace, due to violence and other accidental injuries due to the performance of work duties; 4. Suffering from occupational diseases; 5. During the period of going out for work, the person is injured due to work reasons or the whereabouts of the accident are unknown; 6. Being injured in a motor vehicle accident on the way to and from work; 7. Other circumstances that shall be recognized as work-related injuries as provided by laws and administrative regulations. If an employee has any of the following circumstances, it shall be regarded as a work-related injury:

1. Died of sudden illness during working hours and at work, or died within 48 hours after rescue failed; 2. Suffering harm in emergency rescue and disaster relief and other activities to safeguard national interests or public interests; 3. Employees who originally served in the army, were disabled due to war or duty injuries, and have obtained the certificate of revolutionary disabled soldiers, and were injured after arriving at the employer. Employees who have the circumstances in items 1 and 2 shall enjoy work-related injury insurance benefits in accordance with the relevant provisions of these Regulations; Employees who have the circumstances in item 3 of the preceding paragraph shall enjoy work-related injury insurance benefits other than a one-time disability subsidy in accordance with the relevant provisions of these Regulations.

Workers are always in a vulnerable group in society, and the state has formulated the Labor Law based on the protection of workers, and the labor law specifically protects the legitimate rights and interests of workers, and the Regulations on Work-related Injury Insurance belong to the scope of the Labor Law, and Articles 14 and 15 of the Regulations on Work-related Injury Insurance provide for the determination of work-related injuries.

In a nutshell:

Injured in an accident during working hours and in the workplace;

suffering from occupational diseases prescribed by law;

On the way to and from work, you are involved in a traffic accident for which you are not primarily responsible;

Suffering harm in the course of safeguarding national interests, such as emergency rescue and disaster relief;

The employee was originally serving in the army, but was injured in the line of duty, and was injured after arriving at the employer;

Death from sudden illness during working hours and at work, or death within 48 hours after rescue efforts failed.

China now has the Regulations on Work-related Injury Insurance to protect the rights and interests of workers after work-related injuries. However, many workers do not know how to determine work-related injuries and what materials are required for work-related injury determination. Here are a few frequently asked questions about the status of work-related injury recognizers.

Question 1: Conditions for reporting work-related injuries.

If certain conditions are required for the declaration of work-related injuries, what conditions are required?

1.Within 30 days from the date of occurrence of the accident injury or the date of diagnosis or appraisal of an occupational disease.

2.Within one year from the date of the accident or the date of diagnosis or appraisal of the occupational disease.

Question 2: Materials for work-related injury declaration.

1.Proof of first medical record or disease diagnosis;

2.ID card and photocopy of the injured person;

3.Proof of employment relationship;

4.If the employer makes an application or the injured person entrusts another person to apply, the power of attorney, the ID card of the trustee and a copy thereof shall be provided;

1) Where a person is violently injured in the performance of his or her work duties, a judgment submitted to the public security organ or the people's court;

2) If the accident caused by a motor vehicle accident is determined to be a work-related injury, the responsibility determination of the public security traffic management department shall be submitted;

3) If you are injured due to work reasons during the period of going out on business, you shall submit a certificate from the public security department; where the whereabouts of an accident are unknown, submit it to the people's court for a conclusion declaring him dead;

4) In the case of sudden illness death or death within 48 hours after rescue failure during working hours and work, the rescue and death certificate of the medical institution shall be submitted;

5) Belong to the demobilized and demobilized servicemen who are disabled due to war or duty-related injuries, and if they are injured in the old way, they shall submit the "Revolutionary Disabled Veteran's Certificate" and the medical diagnosis certificate and the confirmation of the old injury.

Where it is not possible to provide supporting materials due to special circumstances, a written explanation of the circumstances shall be made.

Question 3: Procedures for reporting work-related injuries.

1. The employer shall, within 30 days from the date on which the employee is injured in an accident or is diagnosed or appraised as an occupational disease, submit an application for recognition of work-related injury to the labor and social security 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 labor and social security administrative department.

2. 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, his or her immediate family members, or the trade union organization may directly submit an application for recognition of work-related injury to the labor and social security administrative department of the co-ordinating area where the employer is located within one year from the date of occurrence of the accident injury or the date of diagnosis and appraisal of the occupational disease.

Legal analysis: 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. During working hours and in the workplace, due to violence and other accidental injuries due to the performance of work duties;

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 preparatory or finishing work that is closely related to 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) Chronic suffering from occupational diseases; Manuscript macro oak.

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 shall enjoy 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 hospitalization of the employee for the work-related injury, as well as the transportation, accommodation and accommodation expenses required for the work-related injury employee to seek medical treatment outside the co-ordination area shall be paid from the work-related injury insurance, and the specific standard of payment shall be stipulated by the people of 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**.

See: Regulations on Work-related Injury Insurance

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.

Article 23 The employer, the injured employee or his close relatives shall submit an application to the labor ability appraisal committee at the districted city level for the appraisal of labor ability, and provide relevant materials on the determination of work-related injury and the medical treatment of the work-related injury.

To apply for a work-related injury determination, the following materials shall be submitted:

1) Application form for determination of work-related injury;

2) Relevant materials that can prove the existence of labor relations with the employer (including written labor contracts, collective contracts, agreements on labor relations in economic contracts, employment certification materials of labor and personnel departments, wage payment forms, witness testimony, etc.);

3) After the occurrence of a work-related injury, the medical record of the first work-related injury, and the discharge summary of hospitalization shall also be provided; Employees suffering from occupational diseases shall provide an occupational disease diagnosis certificate issued by an institution with occupational disease diagnosis qualification determined by the provincial health administrative department;

Work-related injury identification: You must have a work-related injury certificate, X-ray and other examination results and **, and the injury time is more than three months first, and then you can bring your ID card, original medical information, and apply for disability identification at the labor bureau.

If you don't understand anything else, you can clearly understand it by asking a lawyer.