If you die of silicosis and there is no case report, will it not be treated as a work related injury

1. Silicosis is an occupational disease.

For any occupational disease, the pre-procedure for reporting work-related injuries is to obtain an "Occupational Disease Diagnosis Certificate".

Generally at local or provincial centers for disease control and prevention.

Therefore, if there is no proof of diagnosis of an occupational disease, it cannot be treated as a work-related injury.

2. Regulations on Work-related Injury Insurance

Article 19 After accepting an application for recognition of work-related injury, the social insurance administrative department may, according to the needs of the examination, conduct an investigation and verification of the accident injury, and the employer, employees, trade union organizations, medical institutions and relevant departments shall provide assistance. The diagnosis of occupational diseases and the appraisal of diagnostic disputes shall be carried out in accordance with the relevant provisions of the Law on the Prevention and Treatment of Occupational Diseases. The social insurance administrative department will no longer conduct investigation and verification of those who have obtained a certificate of diagnosis of an occupational disease or an appraisal of an occupational disease in accordance with the law.

3. "Liaoning Provincial Measures for the Implementation of Work-related Injury Insurance" (Liaoning Provincial People's Order No. 187) (similar to each province).

Article 22 An employer shall, in accordance with the relevant provisions of the State, organize an occupational health examination for its employees engaged in operations with occupational disease hazards, and inform the employees of the results of the examination.

Those who are diagnosed with occupational diseases shall be identified as work-related injuries and have their working ability appraised, and shall enjoy work-related injury insurance benefits according to the appraisal level; If an employee who is found to be suspected of having an occupational disease is diagnosed with an occupational disease after retirement, he or she shall be given a work-related injury determination and a labor ability appraisal, and shall enjoy work-related injury insurance benefits according to the appraisal level.

Before leaving the post, the employer shall organize an occupational health examination for employees engaged in work with occupational disease hazards. If the employer fails to conduct a pre-departure occupational health examination for the employee, and the employee is diagnosed or appraised as an occupational disease after retirement, the employer shall be liable for paying the work-related injury expenses.

As long as there is evidence that it was caused by the company. That's it.

First of all, how long have you left your original unit, your medical records must be able to prove that you got sick during your work in your original company, that is, how long your illness period was, and then you must also prove that you have worked in your original unit, you are a worker in your original unit, and whether it is caused to you by your original unit because of work, you must also have a certificate, or a certificate that the original unit has this source of disease, and there is a certificate that you left the company within one year. If it weren't for the above reasons, there might be no hope.

First, go to the occupational disease hospital to apply for silicosis identification.

Go to call today's information column**, Nan Nan will help you ask 0311--86163456

If pneumoconiosis dies at work or during the period of suspension of work with pay, it is regarded as work-related death; If a person dies at the end of the period of suspension with pay, it is not a work-related death.

Regulations on Work-related Injury Insurance

Article 39 If an employee dies on the job, his close relatives shall receive a funeral subsidy, a pension for dependent relatives and a one-time work-related death subsidy from the work-related injury insurance** in accordance with the following provisions:

1) The funeral subsidy is 6 months of the average monthly wage of employees in the overall area in the previous year.

2) The pension for dependent relatives shall be paid to the relatives who provided the main livelihood of the employee who died on the job and were unable to work according to a certain proportion of the employee's own salary. The standard is: 40% per month for spouses, 30% per month for each other relative, and 10% per month for each elderly person or orphan who is alone or orphaned.

The sum of the approved pensions for dependent relatives shall not be higher than the wages of the employee who died in the course of work. The specific scope of support for relatives shall be prescribed by the social insurance administrative department.

3) The standard of one-time work-related death allowance shall be 20 times the per capita disposable income of urban residents in the previous year.

Where a disabled employee dies as a result of a work-related injury during the period of suspension of work with pay, his close relatives shall enjoy the benefits provided for in the first paragraph of this article.

Where an employee with a disability of the first to fourth grades dies after the expiration of the period of suspension with pay, his close relatives may enjoy the benefits provided for in items (1) and (2) of the first paragraph of this article.

At present, the level of work-related injuries of first-stage silicosis is seven to four, which should be graded according to the degree of lung function damage and tuberculosis. Level 7 only has a one-time compensation, and Level 5 and above can reimburse all hospitalization expenses and there will be a monthly subsidy.

Article 37 of the Regulations on Work-related Injury Insurance:

Employees who are identified as having a disability of grade 7 to 10 due to work-related disability shall enjoy the following benefits:

1) A one-time disability allowance shall be paid from work-related injury insurance** according to the level of disability, and the standard is: 13 months' salary for grade 7 disability, 11 months' salary for grade 8 disability, 9 months' salary for grade 9 disability, and 7 months' salary for grade 10 disability.

2) If the labor or employment contract is terminated upon expiration, or the employee himself or herself proposes to terminate the labor or employment contract, the work-related injury insurance shall pay a one-time medical subsidy for work-related injuries, and the employer shall pay a one-time disability employment subsidy. The specific standards for one-time medical subsidies for work-related injuries and one-time employment subsidies for disability shall be prescribed by the people of provinces, autonomous regions and municipalities directly under the Central Government.

Silicosis is an occupational disease and is entitled to work-related injury insurance benefits.

Silicosis is caused by long-term inhalation of a large amount of free silica dust, mainly due to extensive nodular fibrosis of the lungs, which is an occupational disease, and shall be recognized as a work-related injury according to Article 14 (4) of the Regulations on Work-related Injury Insurance, and shall be entitled to work-related injury insurance benefits in accordance with the Regulations on Work-related Injury Insurance.

Hello, you can refer to the work-related injury process for this.

Because there are also grades of work-related injuries, and different levels will be compensated.

1. Silicosis is an occupational disease, and an application should be made for work-related injury identification and disability identification. Workers' compensation can only be determined later.

2. Article 18 of the Regulations on Work-related Injury Insurance shall submit the following materials to apply for work-related injury determination:

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.

3. Article 8 of the Administrative Measures for the Appraisal of Labor Ability of Employees Injured at Work shall fill in the application form for labor ability appraisal and submit the following materials:

1) The original and photocopy of the "Decision on the Determination of Work-related Injury";

2) Complete medical record materials such as valid diagnosis certificates, examination and inspection reports copied or reproduced in accordance with the relevant provisions of medical institution medical record management;

3) The original and photocopy of the worker's resident ID card or social security card and other valid identification documents;

4) Other materials specified by the Labor Ability Appraisal Committee.

First, the disability appraisal is conducted, and the compensation is determined according to the level of disability.

Zongheng Legal Network-Guangdong Mingdao Law Firm-Lawyer Xiang Zhongfeng.

1. All [silicosis resignation and recuperation] "Interim Measures for Workers' Retirement and Retirement" Guo Fa 1978 No. 104 Article 3 stipulates: suffer.

Workers who leave their jobs to recuperate from stage II and III silicosis can also retire if they voluntarily. The retirement allowance shall be paid at 90% of the standard salary of the employee, and he shall enjoy the treatment of silicosis patients in the original unit during the period of resignation and recuperation. Trouble.

Cadres who leave their posts to recuperate in the second and third stages of silicosis may also be implemented in accordance with the measures of this article.

It's been many years ago, and now Ling Gui Geng, what did you do in the unit before? This is not something that can be explained by the two paragraphs above you have said.

According to my country's "work-related injury compensation standard", you can go to the local social security bureau to check your father's original disability assessment level, and if you reach the level of work-related injury above level 4, you can enjoy the pension!

This can be used for the identification of occupational diseases, and only with this appraisal results can we better claim for compensation.

A worker may first have an occupational disease diagnosis at a medical and health institution that is legally responsible for the diagnosis of occupational diseases at the place where the employer is located or where he or she resides, and then he or she may apply for a work-related injury determination within one year from the date of receipt of the certificate of diagnosis of occupational diseases.

If your father is identified as an occupational disease patient, in addition to enjoying work-related injury social insurance in accordance with the law, he has the right to compensation in accordance with the relevant civil laws, and has the right to claim compensation from the employer. If the employer does not participate in the work-related injury social insurance in accordance with the law, its medical and living security shall be borne by the last employer; If the last employer has evidence to prove that the occupational disease was caused by the occupational disease hazards of the previous employer, the previous employer shall bear the responsibility.

Find a lawyer and consult with you about the appropriate law.

According to the work-related injury insurance regulations, silicosis is a work-related injury. However, it is necessary for the employer to issue a certificate to prove that the patient is indeed engaged in silica dust work. I don't know if the patient you mentioned had a work-related injury determination before his death, but if there was a work-related injury determination before his death, and the hospital proved that the cause of the patient's death was caused by silicosis, he should be compensated accordingly according to the work-related injury.

The employer should pay itself reasonable compensation, uh uh or some kind of subsidy.

If it did happen during the course of employment at the employer, it should be determined as a work-related injury, and you must have relevant documents to prove it.

The reason for the death is issued with a hospital certificate, and if there is no certificate, it cannot be compensated, and if there is a death certificate, the labor law stipulates that the compensation due to the work-related injury will be obtained.

Silicosis is a category of work-related injuries, and the state has clear regulations that it should be treated as work-related injuries.