The time of the identification of the work related injury, and the time of the work related injury

According to the procedures stipulated in the Regulations on Work-related Injury Insurance, there is no specific time limit for the time for work-related injury appraisal. The approximate stage is that the work-related injury can be applied for appraisal after the injury is relatively stable, of course, it can also be after the end of medical treatment, and it can also be after the work-related injury, but the maximum period cannot exceed 12 months (the suspension period shall generally not exceed 12 months).

If an employee suffers a work-related injury and has a disability that affects his or her ability to work after the injury is relatively stable, an appraisal of his or her ability to work shall be conducted.

Regulations on Work-related Injury Insurance

Article 21 Where an employee suffers a work-related injury and has a disability that affects his or her ability to work after the injury is relatively stable, an appraisal of his or her ability to work shall be conducted.

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.

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 labor ability appraisal shall be promptly sent to the units and individuals applying for the appraisal.

Within one year of the injury.

Appraisal of work-related injuries] Article 21 of the Regulations on Work-related Injury Insurance stipulates that if the work-related injury of an employee is relatively stable, the employer, the injured employee or his or her immediate family members shall apply to the Labor Ability Appraisal Committee of the city divided into districts to conduct labor ability appraisal and nursing dependence level appraisal, and provide the "Work-related Injury Determination Decision" and the relevant (medical records) information of the employee's work-related injury medical treatment.

1. When is the identification of work-related injuries?

1. The time for work-related injury appraisal is within 30 days from the date of the accident, and the employer needs to submit an application for work-related injury determination to the labor and social security administrative department. If the employer does not apply, the injured employee or his or her family may apply to the social security administrative department for a work-related injury determination within one year.

2. Legal basis: 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 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 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 the work-related injury benefits provided for in these Regulations during this period.

2. What are the procedures for determining work-related injuries?

The procedures for determining work-related injuries are as follows:

1. The applicant prepares the application form for work-related injury recognition and the employee's ID card and other relevant materials, and submits an application for work-related injury recognition to the social security institution;

2. The staff of the institution accepts the information and reviews the information;

3. If the institution decides to accept it, it shall issue an acceptance document and serve it on the applicant;

4. After review, investigation and evidence collection, the institution makes a decision on the determination of work-related injury;

5. Deliver the identification documents to the injured employees, their close relatives, and the employer in accordance with law.

The best time for work-related injury appraisal is when the medical treatment period for work-related injuries expires, but if the medical treatment period has not yet expired, but the condition of the injured employee is in a relatively stable stage, the disability level appraisal can also be carried out. 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; If 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 labor ability appraisal shall be promptly sent to the units and individuals applying for the appraisal.

Legal basis: Article 25 of the Regulations on Work-related Injury Insurance stipulates that after receiving the application for labor ability appraisal, the labor ability appraisal committee of the mountain brigade at the municipal level divided into districts 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 put forward appraisal opinions.

Generally no more than 180 days. After submitting the application and waiting for the notification of the labor management department, the injured worker will go to the designated place for a work ability evaluation. After the appraisal is completed, the labor ability appraisal committee shall make an appraisal conclusion within 60 days.

It may be extended for 30 days under special circumstances. Expenses can be paid by yourself first and later by workers' compensation insurance**.

Legal basis: Article 25 of the Regulations on Work-related Injury Insurance After receiving the application for labor ability appraisal, the labor sock burial capacity appraisal committee of the city divided into districts 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 put forward appraisal opinions. 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 districted city level labor ability appraisal slip committee 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 labor ability appraisal shall be promptly sent to the units and individuals applying for the appraisal.

1. How long is the time for work-related injury identification?

1. In the event of disability caused by a work-related accident, the worker may apply for labor ability appraisal after the injury is stabilized, and the labor ability appraisal committee shall make a conclusion on the labor ability appraisal within 60 days from the date of receipt of the application, and if necessary, the appraisal period may be extended by 30 days.

2. Legal basis: Article 25 of the Regulations of the People's Republic of China on Work-related Injury Insurance.

2. What should I do if the company does not apply for disability appraisal due to work-related injury and disability?

In fact, in the "Regulations on Work-related Injury Insurance", it is not mandatory for the company to apply for disability identification, so once you find that the company refuses to apply for you, you can apply for it yourself or your close relatives, which is okay and stipulated by law.

However, you have to pay attention to the close relatives here, the so-called close relatives in civil litigation include: spouse, parents, children, siblings, grandparents, maternal grandparents, grandchildren, maternal grandchildren.

Once you've made sure that you and others can go, the next step is to follow the steps below to apply for a disability assessment:

1. Employees injured at work or their close relatives shall bring the relevant application materials to the labor ability appraisal committee of the city divided into districts to submit an application for labor ability appraisal.

The materials that need to be provided here should include the "Decision on Determination of Work-related Injury" and its copy, the identity certificate of the disabled employee, medical records and other relevant materials.

2. After receiving the application, the labor appraisal committee will review the application materials, and if the materials you take are incomplete, the applicant will be notified in writing within 5 working days to complete them.

3. After the labor appraisal committee reviews the complete materials, it will organize experts to conduct appraisal and make appraisal conclusions.

4. Within 20 days from the date of making the appraisal conclusion, the labor ability appraisal committee will send the labor ability appraisal conclusion to the injured employee and his employer in a timely manner, and send a copy to the social insurance agency.

It generally takes 60 days for a work-related injury to be determined. Counting from the date of application submitted by the employer or the individual employee, the labor department shall review the materials within 15 days, make a determination of work-related injury within 60 days, and deliver the service within 20 days, which is 95 days according to the upper limit of the prescribed time limit.

Legal basis] Article 20 of the Regulations on Work-related Injury Insurance.

The social insurance administrative department shall make a decision on the determination of work-related injury within 60 days of accepting the application for work-related injury determination, and notify the employee or his close relatives and the employee's unit in writing of the application for work-related injury determination.

The social insurance administrative department shall make a decision on the determination of work-related injury within 15 days of accepting an application for work-related injury determination where the facts are clear and the rights and obligations are clear.

If you still have questions about this question, it is recommended that you sort out the relevant information and communicate with a professional in detail.

If the employer does not apply for a work-related injury determination, the employee may apply for a work-related injury determination within one year after the accident. If the work-related injury has been determined, and there is a disability level after the work-related injury disability level is appraised, the employee can receive a one-time disability subsidy paid by social security, which is a time-limited legal judgment.

Legal basis: Regulations on Work-related Injury Insurance Article 21 If an employee suffers a work-related injury and has a disability that affects his or her ability to work after the injury is relatively stable, he or she shall be evaluated for his or her ability to work.

The disability assessment shall be made within 60 days after the work-related injury, and the disability assessment may be extended by 30 days if necessary. After the work-related injury is identified, the disability appraisal can be directly done, and the relevant information of the work-related injury determination and hail determination and the work-related injury medical treatment of the employee can be provided. If the employer wants an administrative reconsideration, the disability appraisal will be temporarily suspended.

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 the labor ability appraisal conclusion shall be promptly sent to the units and individuals applying for appraisal in Changna.

Legal basis: Regulations on Work-related Injury Insurance

Article 14 If an employee has any of the following circumstances, he or she shall recognize that the sail is a work-related injury:

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 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**.